Why is trademark registration risky?
Why can the success rate of trademark registration be 100%? At present, enterprise applicants often have many questions to answer before registering their trademarks, especially enterprises that register their trademarks for the first time. Among them, the applicant is most concerned about the success rate of trademark registration. Some applicants even require or expect the agency to guarantee 100% success. What's the truth? Can the trademark guarantee the success of 100%? If you can't achieve 100%, how can you improve the success rate? In the current actual application situation: First, the success rate of trademark registration will never be 100%, and no one (including the director of the Trademark Office) can guarantee that the registration will be approved. At this time, it is determined by its objective facts in trademark registration. Second, the reason why it cannot be 100% is as follows: 1. Blind spot of trademark inquiry: Before applying for a trademark, it is necessary to inquire whether the trademark is the same or similar. Avoiding the same or similar can ensure a higher probability of trademark success to some extent. However, the data in the query system is always one beat slower than the actual application, and the application information that has issued an acceptance letter can basically be found, but no trademark that has issued an acceptance letter in the recent application (that is, the application information has not been entered into the trademark database, or it can be understood that the trademark office has received it but has not sorted out the backlog of acceptance) can be found. The time period of this blind period is subject to the data entry time of the Trademark Office, and the query blind period is about 6 months. If someone applies for the same trademark as you during the blind period, it will not be found, so this is the first risk. 2. Judgment of trademark similarity: When trademark is inquired, the inquiry result should be compared with the applicant's trademark similarity. In the process of comparison, the applicant will have a standard and view, the trademark inquirer of the agency will have a standard and view, and the examiner of the Trademark Office will also have a set of standards and views. Because of their different knowledge and experience, their respective interests and views are different, and their views are inconsistent in many cases. Therefore, there is no absolute standard for the approximation of two trademarks, only a probabilistic judgment. Especially the similarity of graphic trademarks, there are great differences in judgment. Generally speaking, the order of the three views is: Trademark Office Examiner >; Institution Inquirer > Applicants should pay attention to the opinions of institutions when applying. When the approximate judgment between the applicant and the agent is not precise enough, the trademark may be rejected by the examining court. Of course, some applicants are willing to take risks when they know the risks, and that is another matter. 3. Trademark announcement and objection: Even if the applicant's trademark has passed the examination of the examiner and is published in the trademark announcement, it is still uncertain. The trademark announcement period is three months. During this period, anyone in China can raise objections (such as pointing out that it is similar to a trademark, infringing on personal rights and interests, and squatting). ). After receiving the objection, the Trademark Office will ask the applicant to reply, and then make a ruling on whether to approve or not based on the comprehensive materials, and may even conduct a review. So, this is the third uncertainty. Although the trademark can't be 100%, there are ways to improve the success rate.