For the same type of case, different examiners may come to the opposite verdict. Especially because of the particularity of the case of trademark registration application sbreg/ review, it is impossible for the applicant to fully reflect the objective situation of his application in the application, and only after being rejected will he have the opportunity to provide it to the trademark review and adjudication authority.
In the examination of graphic trademarks, the influence of examiners' subjective consciousness is more obvious, so graphic trademarks are rejected at the time of application, and it is one of the most effective means to obtain the exclusive right to use trademarks through rejection and retrial.
One of the third parts of the Trademark Examination and Trial Standards stipulates that the composition and overall appearance of a trademark graphic are similar, and it is easy for the relevant public to misunderstand the source of goods or services, so it is judged as an approximate trademark.
According to the above provisions, we can see whether the relevant public will regard the source error of goods or services as a basic standard when examining graphic trademarks, which requires the applicant to focus on improving the originality and distinctiveness of graphics in the preliminary design process.
Therefore, in the process of graphic design, on the one hand, we should avoid the simplification of the main components of graphics, on the other hand, we should combine the core culture and design concept of enterprises to highlight the originality of graphics as a whole. According to this design, when the graphics are rejected, the success rate of rejecting the audit will be significantly higher than that of ordinary graphics.
The above is what intellectual property rights bring to everyone about "What if the graphic trademark is rejected?" If you have any other questions, please feel free to consult our professional intellectual property consultants, who will bring you answers from Xiangxi.
Conditions for reexamination of trademark rejection graphic trademark registration