The Absolute Reason for Rejecting Trademark Registration —— Prohibition Clause.
Prohibitive provisions mainly refer to the provisions prohibiting the registration of certain signs as trademarks, national names, military symbols, symbols of international organizations, the Red Cross and Red Crescent, ethnic discrimination and deception, harmful moral customs and adverse effects, and place names related to county-level divisions. Common names, figures, models, signs describing the characteristics of goods or services, and signs lacking in distinctiveness; Restrictive provisions on the registration of three-dimensional signs; Provisions on the protection of geographical indications, etc. A trademark applied for registration will be rejected if it violates the above provisions, which is also known as the "absolute reason" for rejecting the application for trademark registration.
Relative reasons for rejecting trademark registration-conflict with prior trademark rights.
The so-called conflict with the prior trademark right mainly means that the trademark applied for registration is the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods. This is another factor in rejecting the application for trademark registration, which is also called "relative reason" for rejecting trademark registration. Therefore, whether the trademark applied for is significant, whether it violates the prohibition of trademark registration, whether it is the same or similar to the trademark applied for by others, whether it is the same or similar to the goods approved by others for trademark registration, and whether it conflicts with the prior trademark rights of others is the decisive factor whether the trademark applied for will be rejected in substantive examination.
If it is a prohibited reason, it is generally not recommended to review. If it is relatively exclusive, it should be analyzed in detail.
legal ground
Article 3 of the Trademark Law of People's Republic of China (PRC) registered trademarks include commodity trademarks, service trademarks, collective trademarks and certification trademarks. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.