Why do you keep failing to register your trademark?

I don't know, tell me why?

First of all, let's understand what are the factors that determine the success of trademark registration?

Whether it can be successful in the end is not subject to the query results of ** institutions, and the results cannot be obtained directly from the official website of the Trademark Office for trademark registration inquiry! **The role of the agency is to search before the trademark application, predict the risk, and adjust it in time. Trademark registration is not 100% successful, and there is a possibility of unsuccess due to differences in national policies and examiners' individual subjective consciousness.

1) The trademark name itself is not legal

There is a possibility that the trademark name itself violates the prohibition of registration under the Trademark Law.

The Trademark Law expressly stipulates some circumstances under which it cannot be registered, such as Articles 10, 11 and 12 of the Trademark Law, which clearly list the circumstances under which it may not be registered.

For example:

The writing is not standardized.

It directly indicates the function, use, and other characteristics of the product.

The use of trademarks is prone to adverse effects.

It is easy for relevant consumers to misidentify the raw materials and other characteristics of the goods.

The overall lack of distinctive features.

2) Blind period for trademark search

After filing an application for trademark registration, the staff of the Trademark Office will conduct a formal examination, and the eligible trademarks will be entered into the database. However, the number of trademarks applied for all over the country is huge, and it may be 1-2 months after the application is entered into the system for publicity. This period is called the blind check period.

The blind search period is like a fog, and I don't know how many trademarks that cannot be searched are piled up in it. Therefore, when you file your application, there may be a large number of trademarks with the same trademark as you have already entered the fog of blind search, and you have no way of knowing. In the end, only the trademark with the earliest application time can be entered into the system, and the rest will not pass the substantive examination.

3) The subjective factor of the auditor

In the case of a trademark search, the results of the search should be similarly compared with the applicant's trademark. In the process of comparison, the individual applicant, the trademark searcher of ** company, and the examiner of the trademark office all have a set of standards and opinions, so there is no absolute standard for the similarity of the two trademarks, only the judgment of probability. In particular, the similarity of figurative trademarks is more different in judgment.

It is up to the examiner to decide whether to issue a notice of refusal. Subjective factors such as differences in the examiner's information, cognition, and personal thinking determine that the same case will have different examination results.

4) After the preliminary examination is passed, the announcement period is objected

Hello, Yixiu Intellectual Property answers for you. Hope it helps.

1. The trademark does not have distinctive features.

A low-level mistake that is often made when examining a trademark without experience in trademark registration. The so-called non-distinctive feature means that the registered trademark cannot be effectively distinguished within the industry. For example, the fruit industry cannot directly register "fruit", "fruit", "apple" and "Ya pear" as trademarks.

2. Trademarks are not legitimate.

According to the provisions of China's trademark law, some special words and graphics cannot be registered as trademarks in order to prevent adverse effects. For example, Article 10 is related to the name of the country, the symbol of the army, the symbol of the international organization, the Red Cross, the Red Crescent, ethnic discrimination, deception, harmful morality and customs, and the name of the place in the relevant county-level divisions.

3. The trademark registration time is late.

According to the "first-to-register principle", if the same trademark is filed late, the registration will fail because it does not seize the opportunity. This has also given rise to a lot of incidents of malicious squatting: when you look at a trademark that is already famous, you find that it is not registered through a trademark search, so you register it, and when the enterprise of the trademark needs a trademark, you find that it is too late.

4. Trademark registration is the same or similar.

The words and designs of the registered trademark are the same or similar to the registered trademark.

5. The trademark publicity period is opposed.

The Trademark Law stipulates that within three months after the publication of the preliminary examination of the trademark registration application, if anyone believes that the trademark has caused adverse effects on other trademarks, he can file an opposition, and if the opposition is successful after examination, the trademark registration will fail.

Trademarks should be clearly distinguished, and cannot be trademarks that are prohibited by law from being registered or used, violating public order and good customs, violating social and public interests, regional geographical names at or above the county level, foreign geographical names well-known to the public, generic names, object shapes, malicious preemptive registration, etc.

There are many reasons for the rejection of trademark registration, today Xiaoyi will summarize the following for you, if you still have any questions, you can continue to consult me, looking forward to your adoption

1. Rejection due to poor trademark search.

2. Rejection due to violation of mandatory provisions.

The trademark itself was rejected for many reasons, such as lack of distinctiveness, exaggerated publicity, and adverse effects.

3. Rejection caused by blind inspection.

The trademark blind period is unavoidable, and China's Trademark Law will reject the trademark that is filed after the application according to the principle of first-to-file.

4. The trademark name is not standardized.

5. Similar to the prior registered trademark of others.

6. Lack of distinctiveness of the trademark, etc.

First, the front. 1. Modify the plan and re-declare the disturbance;

2. It generally takes one to one and a half years to do a rejection review. Trademark refusals are divided into absolute refusals and relative refusals. In the case of an absolute rejection, a rejection review may not be conducted. If it is a relative refusal, the relevant materials for the refusal can be prepared;

3. Buy the trademark directly, if you want to reduce the risk, you can buy the trademark directly. The advantage of purchasing a trademark is that it takes a short time, usually 7 to 15 working days. The time for trademark assignment is generally 6 to 10 months, during which time the trademark purchaser can use it directly.

2. Analyze the details.

There is no statutory time limit for the approval or rejection of an application for trademark registration, the Trademark Office.

Approve and announce the trademark, and issue a trademark registration certificate.

The trademark was thus approved. The time period for trademark examination varies from time to time depending on the speed of internal examination at the Trademark Office. Registered trademark.

The validity period is 10 years, calculated from the date of approval of registration, and the registered trademark can be renewed for registration if it is necessary to continue to use it after the expiration of the validity period.

3. After the trademark is successfully registered, what matters need to be paid attention to?

1. It is not allowed to change the name, address or other registration matters of the registrant of the registered trademark to change the town. If there is a change in the name and address of the registrant, the registrant shall submit an application for change of the registered trademark to the Trademark Office in a timely manner;

2. If the trademark registrant uses its registered trademark beyond the scope of goods or services approved for use and indicates the registered mark, it is an illegal act of passing off the registered trademark.

3. The registered trademark shall be used in strict accordance with the approved trademark drawings and the approved goods or services.

There are also many cases where trademark applications are rejected, so the premise of registering a trademark is that there is a risk of registration failure. So how to avoid the risk of registration failure as much as possible, and what to do if the registration fails? First of all, I would like to explain to you that there is no refund if you can't register.

Registration is risky. No matter which agency gives you an application, it will not be 100% successful in registering. How to save the registration failure:

1. Find a professional consultant of the trademark ** agency again, give the trademark to them, let them check it first, judge the probability of trademark success, and minimize the probability of registration failure. 2. It was dismissed. Look at the specific reasons for refusal, and compare it with the cited trademark, if it is really similar to the macro model, and it is easy to cause confusion.

Then there is no need for a review. If it's not very similar, you can consider a review. Provide evidence of your first use of the brand at the time of review.

Tip: On the premise that you submit a trademark, don't pay a lot of money to promote your product brand, so that you are wasting your own expenses if the registration is not successful. It is advisable to go to some consideration agencies to directly purchase and transfer a trademark that has been successfully registered.

Trademark Registration.

Reasons for the failure of trademark registration are:

1) The trademark only has the generic graphics, name, and model of the goods, that is, the trademark lacks distinctive features;

2. The applicant is not qualified, for example, the trademark does not belong to the applicant;

3) Other reasons that lead to the failure of trademark registration.

1. What are the signs that are prohibited from being trademarks?

The following signs cannot be registered as trademarks:

1. It has signs that do not conform to public order and good customs, such as ethnic discrimination, emptiness, and disdain;

2. Only the generic name, graphic and model of the product;

3. It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

4. Signs that are identical or similar to the name, flag, emblem, and anthem of the People's Republic of China;

5. Other signs that cannot be registered as trademarks.

2. What are the procedures for applying for a trademark?

The trademark application process is as follows:

1. Determine the class to which the applied trademark belongs;

2. Check whether there is a trademark similar to the name of the loss shed in the inquiry system on the official website of the Trademark Office after the trademark is named;

3. Bring relevant materials to the Trademark Office for trademark registration;

4. The Trademark Office conducts formal examination and substantive examination, and after passing the examination, the preliminary examination announcement is carried out, and if no one files a trademark opposition, the trademark registration is completed.

An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.

3. What are the signs that are not allowed to be used as trademarks?

The following marks are not to be used as trademarks:

1. Only the generic name, graphics, and model of the product, or the mark that only directly indicates the quality, main raw materials, and functions of the product;

2. Lack of distinctive signs;

3. It has signs of ethnic discrimination and gender discrimination;

4. It shall not be used as other signs of trademarks.

Article 8 of the Trademark Law of the People's Republic of China.

Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark.

Article 9. The trademark to be applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Article 11. The following signs may not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Legal analysis: The reasons for the failure of trademark registration are as follows: 1. The use of signs that prohibit registration as trademarks under the Trademark Law.

2. Trademarks that are similar to prior registered trademarks or are likely to cause confusion among the public. 3. No professional trademark owner has been found, and the professional knowledge of the trademark owner found by the enterprise is limited or driven by interests to accept the entrustment regardless of the rights and interests of the client.

Legal basis: Article 11 of the Trademark Law of the People's Republic of China The following signs shall not be registered as trademarks: (1) only the generic name, graphic and model of the commodity; (2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other beam height characteristics of the commodity; 3) Other lack of distinctive features.

If the signs listed in the preceding paragraph have acquired distinctive characteristics through use and are easy to identify, they may be registered as trademarks.

In the process of registering a trademark, you will also encounter some situations, if you do not do a good job in the overall work, there will be certain obstacles to the registration, if you are not successful in the trademark registration, find Bajie, Bajie will help you.

First of all, it is necessary to understand that the trademark registration fee mainly includes the fee collected by the State Trademark Office and the fee charged by the institution, the fee of the State Trademark Office is an administrative fee, and the administrative fee is impossible to refund, and the Trademark Office also in order to prevent the applicant from registering the trademark indiscriminately, if the registration is unsuccessful, it can be refunded, then the applicant has no scruples, which will increase the examination workload of the Trademark Office and disrupt the normal order.

The trademark guarantee registration of intellectual property rights is based on the user's heart and experience, and after the trademark is submitted, the customer's worries are solved, and even if the registration is not successful, the money spent can be returned. It should be noted that the company that proposes the registration of trademark guarantee must do a good job in risk control; In addition to the necessary prior trademark search, there should also be a professional service team; Companies must also reach a certain scale to be able to resist risk.

What should I do if my trademark registration fails? Do you want to change the high-profile trademark?

1. Clarify the reasons for the failure of trademark registrationThere are many possibilities for the failure of trademark registration, and similarity is the most likely reason.

2. It is possible to apply for reconsideration if you decide whether to reconsider a similar trademark by looking at the reasons for failure, but if it is a shielded word or some trademarks that cannot be registered, you cannot reconsider, so it is still necessary to determine the reason for the failure of your trademark registration, and determine whether it can be reconsidered, and if so, it can be reconsidered according to the trademark.

3. If it is a trademark that cannot be reconsidered, you can only choose to re-divide and choose to register a new trademark, because there are trademarks that can be reconsidered and those that cannot be reconsidered, if not, then you can only choose to re-register.

In short, the risk in trademark registration is difficult to avoid, so we have to choose a more secure business to escort the trademark registration, Bajie can solve your worries and provide a guarantee for your trademark registration.

Trademark registration process.