What are the risks of applying for a trademark in trademark registration?

It is necessary to pay attention to whether the trademark is normal, such as whether the registration time has expired. Whether there is a similar trademark and whether the other party is the owner of the trademark. Only after verifying these things clearly, the similar trademarks are transferred together. in order to ensure the overall security.

1) Subjective factors: **The integrity of the institution is not enough, and it deliberately deceives the applicant knowing that it cannot apply; ** The organization is not professional enough, inexperienced, careless, and has no ability to discover or judge various risks; Differing perceptions of individual examiners of the State Trademark Office. (2) Objective factors:

Query the incompleteness of prior information (query has judgment and blind spots); Adjustments to relevant laws and regulations and political policies have led to adjustments to review standards; Every trademark that has passed the preliminary examination has the possibility of being opposed during the announcement period.

Trademark Registration.

For trademark registration, the chances of success are not great, but a trademark application is necessary. There are a number of factors in trademark registration that can lead to the failure of trademark registration. Now let's talk about the risks of trademark registration?

1. There are blind spots in trademark searches.

Enterprises or individuals applying for trademark registration shall not be identical or similar to the trademark registered or preliminarily approved by others on the same or similar goods, otherwise, the Trademark Office shall reject the application for trademark registration and refuse to apply.

Therefore, before applying for trademark registration with the Trademark Office, the applicant will often check whether the trademark to be registered is identical or similar through various means, which ensures a high probability of success of the trademark to a certain extent.

2. Approximate judgment subjectivity.

The similarity of trademarks also plays a decisive role in the success of trademark registration. However, whether a trademark is similar or not cannot be judged by a machine or procedure, but by the examiner of the Trademark Office according to the relevant criteria.

Due to the differences between different examiners in terms of professionalism, knowledge, work experience, sense of responsibility, etc., the judgment of the similarity of trademarks will inevitably be affected by the subjective factors of the examiners.

3. Objection risk during the announcement period.

During the three-month announcement period, the prior right holder or interested party may file an opposition due to the protection of the well-known trademark, the haste of the registration of Shanghong's hidden trademark, the similarity of the trademark, the prior application, etc.

The above are the risks of trademark registration. Trademark transfer has become a popular way to obtain trademarks, if you need trademark transfer, you can consult Bajie Intellectual Property Trademark Transfer Network.

There are many reasons why the application is rejected due to the risk of trademark registration, such as 1) the use of prohibitions and prohibitions.

2) Conflict with prior rights of others.

In addition, there is a special situation, that is, the three-month blind period for trademark registration. (In the case of a general trademark application, when searching for identical and similar trademarks, the Trademark Office will not publish the specific information of the trademark within the first three months because it only conducts formal examination.) So there will be a blind period, which is why there is no guarantee in the trademark application.

Therefore, even if you check before applying, you may be rejected. ）

This risk comes from three main aspects:

1. The newly applied trademark cannot be searched online about 6 months before the search date, for example, the same prior trademark cannot be found in the blind area.

2. There is a certain degree of subjectivity in trademark examination, and whether the registration can be successful sometimes depends on the specific judgment of the examiner, and everyone's understanding may be inconsistent, such as: the following two trademarks, 29 classes were rejected due to adverse effects, and 31 classes passed the examination.

3. Mistakes of the trademark organization (query error), irresponsibility (omission, misstatement) or lack of professional ethics (failure to inform obvious risks or preemptively register the customer's trademark).

Why is trademark registration risky? The main thing is to know what aspects will bring risks to registration, and there are risks in the trademark application process, mainly including the following aspects:

1. A blind search period of three to four months, during which the applied trademark cannot be found in the trademark search system.

2. In the process of trademark application, the subjective assumption of the examiner of the State Trademark Office.

3. The priority of foreign trademarks entering China.

4. When a trademark contains two or more elements, the registration risk will increase, because the trademark examination is a separate examination, as long as a part of the elements is not passed, the entire trademark will be rejected.

5. After the substantive examination of the trademark, it enters a three-month publication period, during which anyone can raise an objection to any trademark.

Since 2010, the rejection rate has been about 20% since the opening of the trademark database. The rejection rate of a trademark depends on many factors such as the degree of updating and opening of the national trademark database, the comprehensive quality of trademark owners, the same and similar trademarks in the gap period, and the personal subjective awareness of the examiner.

It is necessary to pay attention to whether the trademark is normal, such as whether the registration time has expired. Whether there is a similar trademark and whether the other party is the owner of the trademark. Only after verifying these things clearly, the similar trademarks are transferred together. in order to ensure the overall security.