Trademark registration will face many risks, and it will be difficult to break through the layers of review. Before it is approved, we can only self-check in advance whether it is similar or identical to our own registered trademark to roughly judge the success rate of the trademark. , but this does not completely guarantee that the trademark will be successfully registered, because there is still a blind search period that we cannot find. So when a trademark is rejected, do we need to conduct a rejection review?
As we all know, trademark rejection is becoming more and more common. With market demand, it may become more common in the future. After all, as everyone’s awareness of intellectual property rights increases, more and more people are registering. When an applicant receives a notice of trademark rejection, he should calmly think about the reasons for the rejection, and then carefully consider whether a review is necessary.
In practice, it can be seen that there are actually many trademarks with certain design features, but why are they still rejected? That’s because trademark review is done manually. Everyone’s cognitive value is different and they will have high personal subjective judgments. There will also be some differences in the professional level of the examiners. Therefore, the same trademark will be reviewed by different examiners. Different results may also occur.
So when our trademark is rejected because of similarity, we can make our own judgment first. If the problem is not serious, it can be reviewed. After all, based on the subjectivity of trademark review, the rejected trademark can pass the review. , there is still a chance of passing. The Trademark Office will review based on the submitted information and will not consider the actual use of the trademark. However, in the rejection review, the Trademark Review and Adjudication Board will consider this aspect, so there is still a chance of a successful trademark review.
The trademark was rejected for review. The trademark applied for registration is an unregistered trademark that has been used by the applicant and has a certain reputation. Many people in the market already know the ownership of the applied trademark, and it has uniqueness and relative relation. Moreover, the trademark applied for registration is original to the applicant, has high distinctiveness, is clearly different from the registered trademark, and will not cause confusion or misunderstanding by the public.
The similar factors contained in the trademark applied for registration cannot play a decisive role. The trademark itself is distinctive and can distinguish the source of goods or services, and should be approved for registration. The differences in the constituent elements, distinctive parts, content, etc. between the trademark applied for registration and the prior trademark will not cause confusion among consumers, so they do not constitute similarity. Applicants can also explain in detail the specific differences in various aspects to enhance their persuasiveness.
It can be inferred that after a trademark is rejected, a reexamination is still very necessary based on the reasons. It is likely that the trademark will be approved during re-examination due to its strong distinctiveness and frequency of use in the market. The trademark applied for in this way has legal effect in Yiyang City. So if our trademark is rejected, don’t be discouraged. Calmly judge the reason for rejection. A review is still necessary.