Current location - Trademark Inquiry Complete Network - Trademark registration - Why are trademark registrations always rejected?
Why are trademark registrations always rejected?

First of all, you must know that trademark registration is not 100% successful, and every trademark has potential risks during the application for registration. If the examiner determines that your trademark cannot be registered, it will be rejected and a timely review will be required. The main reasons for rejection are as follows:

1. Someone else has applied for registration first

When the Trademark Office examines a trademark, it will first search the trademark in the database . If it is found that multiple people have filed trademark registration applications for the same trademark on the same or similar goods, the company or individual who applied later will be rejected based on the "first to apply" principle.

2. Violation of absolute prohibition clauses

Article 10 of my country’s Trademark Law stipulates that the following signs shall not be used as trademarks:

(1) Same as The name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China are the same or similar, as well as the names, signs of central state agencies, the names of specific places where they are located, or landmark buildings The names and graphics of the objects are the same;

(2) The names, flags, national emblems, military flags, etc. of the foreign countries are the same or similar, except with the consent of the government of that country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) It is consistent with the implementation of control or guarantee The official signs and inspection marks are the same or similar, except those authorized;

(5) The names and signs are the same as or similar to the "Red Cross" or "Red Crescent";

(6) It is ethnically discriminatory;

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;

(8) Harmful to socialist morals or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

3. Violation of relatively prohibitive clauses

Article 11 of my country’s Trademark Law stipulates:

(1) Only the common name of the product , graphics, models;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other deficiencies Distinctive characteristics.

Any mark that meets one or all of the above characteristics shall not be registered as a trademark. However, if the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

4. Similarity of trademarks was rejected

If two trademarks are similar in terms of text glyphs, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, it is easy to cause confusion. If the public misunderstands or confuses the trademark, it will generally be deemed to be a similar trademark and rejected.

Generally speaking, when naming a trademark and designing a logo, if you deliberately imitate other brands and have the idea of ??imitating a famous brand, there is a very high possibility that it will be considered a similar trademark and be rejected. Similarity of trademarks is the most common reason for rejection, and it is also the most likely place for misjudgment, so it should be treated with caution.

5. Infringement of "prior rights"

my country's Trademark Law stipulates that "before the applicant for a registered trademark files an application for a registered trademark, others have acquired or enjoyed it in accordance with the law and are protected by the law." "The rights shall not be infringed." When applying for a registered trademark, if it infringes upon other people's prior rights such as copyright, name rights, and portrait rights, the trademark will also be rejected.