1. Prior registered trademark;

2. Similar trademarks;

3. Whether the trademark name violates the Trademark Law;

4. Malicious rush to register trademarks;

The above four points are the main factors that determine whether your trademark can be registered. If you violate one of the above items, it is a waste of time and money. Today, we will analyze it according to the above four points

1. As we all know, trademarks are mainly divided into 45 categories, and each category is also divided into different subcategories. Trademark applications need to be detailed into these subcategories. According to the official regulations, ten subcategories in one category can be selected when registering trademarks, and additional fees are required to add one category. According to the provisions of the Trademark Law, the same category can have multiple trademarks, but the category is not repeated.

2. Similar trademarks are also a headache for many applicants. As the number of commonly used Chinese characters becomes less and less, the likelihood of trademark similarity becomes greater.

In recent years, there are numerous cases of similar trademarks. Even if a trademark is successfully registered, it may also face trademark disputes. In the case of more and more strict trademark examination, the probability of trademark approximation will be lower and lower.

For example, Matrix Advertising Co., Ltd. sued SF Express for infringement, because "Heike" violated the trademark rights of "Hacker". "Hey guest" and "hacker" have the same pronunciation and similar shape, but they are similar!

3. Trademark registration also has the background of the times. China's Trademark Law is constantly updated, refined and optimized. There are many trademarks that can no longer be successfully registered, such as "Shanghai" with place names. In the process of constantly optimizing the Trademark Law, some words that could have been registered can no longer be applied for.

According to Article 10 of the Trademark Law, the scope of non use as a trademark is specified:

(1) Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as those identical with the names and symbols of the central state organs, the names of specific places where they are located, or the names and graphics of landmark buildings;

(2) Identical with or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;

(3) It is identical with or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or not easy to mislead the public;

(4) It is the same as or similar to the official signs and inspection marks indicating the implementation of control and guarantee, except those authorized;

(5) Those identical with or similar to the names and symbols of the Red Cross and the Red Crescent;

(6) Ethnic discrimination;

(7) It is deceptive and easy to cause the public to misunderstand the quality and other characteristics of the goods or the origin of the goods;

(8) Harmful to socialist morality and customs or having other adverse effects;

The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, the place name has other meanings or is a part of a collective trademark or certification trademark; Registered trademarks using place names shall continue to be valid.

4. Malicious preemptive registration refers to the act of preemptive registration of trademarks, domain names or trade names that have been used by others in the field or related fields and have a certain impact with the purpose of making profits and other improper means. "Malicious rush registration" mostly occurs in the field of rights that take "application first" as the authorization principle and can bring certain economic or spiritual benefits, so it mostly occurs in trademarks, domain names and trade names.

The latest version of the Trademark Law has strengthened the regulation of malicious trademark registration and hoarding, and added the provision that "applications for malicious trademark registration not for use shall be rejected.". At the same time, the calculation multiple of the amount of compensation for malicious infringement of the exclusive right to use trademarks will be increased from one to three times to one to five times, and the upper limit of the amount of legal compensation will be raised from three million yuan to five million yuan.

Trademarks are very important intangible assets for enterprises or individuals. Keep in mind that before registering a trademark, please check the above four requirements first, and do not blindly pursue interests and knowingly do it. Only by putting more thought and creativity on trademarks can we create truly valuable trademarks.

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