What if the trademark is rejected? The rejection of a trademark refers to the rejection of a registered trademark in violation of the Trademark Law upon examination by the Trademark Office. If the applicant is not satisfied with the reasons for the rejection by the Trademark Office, he or she may submit a review to the Trademark Review and Adjudication Board.
Type of trademark rejection: rejection is a common result of examination in the process of trademark registration application. There are two ways: "full rejection" and "partial rejection".
1. Full rejection refers to the rejection of all goods or services of the whole trademark.
2. Partial rejection refers to the rejection of some items of goods or services.
5 common reasons for trademark rejection:
1. Rejected due to unfavorable trademark inquiry
At present, many trademark registration queries are completed by trademark agencies. The professional level of trademark agencies is different. If there are unprofessional or inexperienced agencies, the relative credibility of the query results is low.
2. Rejection due to violation of mandatory provisions
The trademark itself was rejected for many reasons, such as no significance, exaggerated publicity, and adverse effects. Item (8) of the first paragraph of Article 10 of the current Trademark Law of China clearly stipulates that the logo "harmful to socialist morality or other adverse effects" shall not be used as a trademark. Special attention should be paid to this before trademark registration.
3. Rejection due to blind period
The trademark blind period is unavoidable, and China's Trademark Law will reject the trademark that is applied for after the application is rejected according to the principle of first application.
4. Trademark name is not standardized
5. Similar to the trademark registered earlier by others
6. The trademark lacks distinctiveness, etc
What if the trademark is rejected? 7 Take a big step to mark down:
1. Trademark review
If the name of the applied trademark is the same as that of the enterprise, the registration time of the enterprise is prior to the registration time of the cited trademark, and relevant evidence can be provided for legal review. Many people believe that if the trademark is rejected, the trademark cannot be registered successfully. However, many trademarks are also obtained after trademark review, which means that there are certain difficulties in trademark rejection review, but there is still hope for success.
2. Trademark review
If the applied trademark is similar to several similar trademarks, you can choose to give up the same or similar part of the category, and then go to the reexamination. The probability of passing will be much higher.
3. Trademark division+review
Among all similar groups applying for trademarks, when some similar groups can be registered, some similar groups can be registered first to obtain access rights, and then select an appropriate way to review the rejected similar groups.
4. Withdrawal of trademark+review
This method is applicable to the case that the citation trademark application has been completed for 3 years. If the citation trademark registration has been completed for 3 years, the other party can submit an application for withdrawal and reexamination at the same time according to the category of use that has not been used for 3 years, or submit an application for withdrawal and reexamination first, and submit an application for reexamination before the reexamination period.
5. Trademark review+reapplication
If the applied trademark is in the form of combination of graphics and text, this method can be used. If the trademark is rejected because of the approximate pattern, the applicant can choose to separate the pattern and text before applying.
6. Trademark withdrawal+reexamination+reapplication
Due to the fast review speed, it is not necessary to wait for the review result of the application for revocation. At present, there is a practice of review+revocation+reapplication.
7. Objection/invalidation of trademark+review
If the owner of the reference trademark has malice to copy the applicant's earlier trademark, he may file an objection or invalid application against the reference trademark, and at the same time submit an application for rejection of reexamination.