The main components of ordinary trademarks are words (Chinese and English), graphics (including other foreign languages) and the combination of these elements (note: it is difficult to register three-dimensional trademarks and color trademarks, which is not discussed in this paper). Trademarks made of characters, such as character composition, word (word, language) meaning, word (word) sound, word (word) composition form and writing style, play a major role in recognition and recognition, and are easy to understand, call and distinguish, so the registrability of word mark is easy to determine. As a mother tongue, Chinese is more certain.

while the graphics that can constitute trademarks are very extensive, the Trademark Office of our country classifies all the components that cannot be intuitively recognized as characters (Chinese, Hanyu Pinyin and English) as graphics, ranging from simple geometric figures to complex design pictures, with beautiful visual appearance and unlimited room for change, without the limitation of language and characters, which has obvious visual advantages. It is precisely because of the complexity of the types of graphic composition that how to identify whether the applied graphic trademark has a prior trademark with approximate conflict has become a difficult problem. Therefore, in 1973, the World Intellectual Property Organization established the Vienna Agreement on the International Classification of Graphic Elements of Trademarks, which divided the graphics used in trademarks into 29 categories, 144 subcategories and 1887 categories according to their composition types.

However, with the ever-changing graphic expression and composition, many graphics have the characteristics of several types of graphic elements at the same time, which makes it impossible for everyone's intuitive feeling and subjective judgment to be different, or even worlds apart. Even among the examiners of the Trademark Office, this kind of judgment on graphic attributes is a common phenomenon, and sometimes the same examiner has differences at different times. This problem is quite obvious in the division of graphic elements of all graphic trademarks by the Trademark Office. Because there are actually many ways to divide a graphic trademark, although the Trademark Office has long been aware of this problem, and it will not be easy to change the division of graphic elements for a long time, but this difference cannot be fundamentally eliminated. When examiners examine graphic trademarks, there are also problems such as how to understand the attribute characteristics of the inquired graphics, what elements to retrieve the previous approximate trademarks, and how to identify the graphics as approximate. Therefore, there are also obvious individual differences in the review results. In addition, the graphic trademarks in the trademark database of the Trademark Office are all classified according to the Vienna Agreement. Especially, there are thousands of trademark graphics on a certain attribute element of some geometric figures in popular categories. If there are other attributes of the geometric figures that can be divided, the search and query workload can be imagined. Therefore, the differences in the understanding of graphic classification, negligence caused by visual fatigue, omission caused by work inertia, and subjective differences in graphic similarity or not may be the most uncertain factors in graphic trademark examination. It is difficult for even the examiners of the Trademark Office to avoid this phenomenon, let alone ordinary trademark agents.

Trademarks People who have many years of experience in trademark agency should know that the time taken by the Trademark Office to examine graphic trademarks is generally longer than that in word mark, and the results of the examination are far more controversial than that in word mark. In the practice of graphic trademark registration application, most of the cited trademarks used by the Trademark Office to reject are unexpected. It is not surprising to know the reason, which is the normal result caused by the uncertain factors of graphic trademarks themselves.