What are the reasons why word marks are easily refused?

First, it is caused by the unfavorable trademark search. Judging from the current trademark registration situation, most of the trademarks are submitted through the ** organization. If there is a commissioned organization, the inquiry work is generally completed by the organization.

Therefore, most of the rejection of trademarks is due to the unfavorable search of the trademark ** company.

The second is due to the blind inspection period. The above-mentioned ** organization query is unfavorable, which refers to the query outside the blind check period.

The third is due to the violation of mandatory provisions. Trademarks that violate mandatory provisions include: lack of distinctiveness, exaggerated publicity, adverse effects and many other reasons.

The reasons for trademark refusal are generally related to the following four points.

Because trademarks are examined by people, the subjective inclination of the trademark examiner will determine whether the trademark will be rejected or not. However, trademark examiners are still very professional and can generally examine trademarks objectively and impartially.

The newly applied trademark must not be identical or similar to a trademark previously registered by another person in the classification of goods or services in which the trademark is located. If the two trademarks are similar in terms of glyphs, pronunciation, meaning, composition and color of graphics, overall structure, three-dimensional shape, color combination, etc., which are likely to cause misunderstanding or confusion, they will generally be recognized as similar trademarks and will be rejected.

According to Article 11 of the Trademark Law, only the generic name, graphic and model of the product are signs.

Therefore, such as: USB flash drive, hotel, washing machine, beer, etc. cannot be registered as trademarks.

It cannot be registered as a trademark.

If the new trademark application is too simple, such as a small number of words, simple lines, simple geometric figures, etc., the examiner will consider the trademark to lack distinctiveness, and it is not recognizable and distinctive.

The reasons for trademark rejection are none other than the above 4 reasons, as long as your trademark does not violate the above circumstances, the probability of rejection will decrease.

Text, unlike graphics, is more likely to be the same or similar.

1. The other person has already applied for registration first; When the Trademark Office examines a trademark, it first searches the trademark in the database. If it is found that more than one person has filed a trademark registration application for the same trademark on the same or similar goods, the company or individual that filed the application will be rejected according to the "first-to-file" principle.

2. Violation of absolute prohibitions; Article 10 of China's Trademark Law stipulates that some signs shall not be used as trademarks.

3. Violation of relative prohibitive clauses; Any sign that violates the relative prohibition clause shall not be registered as a trademark. However, 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.

4. Trademark similarity is rejected; If two trademarks are similar in terms of character shape, pronunciation, meaning, composition and color of graphics, overall structure, three-dimensional shape, and color combination, which are likely to cause misunderstanding or confusion among the public, they will generally be recognized as similar trademarks and rejected. Generally speaking, if you deliberately imitate other brands when choosing a trademark name or designing a logo, it is very likely that it will be recognized as a similar trademark and rejected. Trademark similarity is the most common reason for refusal, and it is also the most likely place to misjudge, so it should be treated with caution.

Hello, there are many reasons for trademark rejection, one is similar to the trademark that has been successfully registered, the second is that the place name above the county level cannot be registered, the third is that the words with adverse social impact cannot be registered, and the fourth is the subjective tendency of the human examiner.

The most common situation is that it is similar to other registered trademarks, and there are many other reasons such as lack of distinctiveness, exaggerated publicity, and adverse effects.

Similar pronunciation, it is easy to be rejected, when you register a trademark, you can search for a trademark on the social standard network, and you can query the graphic trademark directly uploaded, if there is a similar trademark, you will be rejected when you register a trademark, I hope it can help you.

Deviation in people's understanding of words.

There are unavoidable risks associated with trademark registration, so there is a possibility that the registration will fail. According to different circumstances, there are various reasons for the failure of trademark registration, among which, if the trademark registration fails due to rejection by the Trademark Office or partial rejection, what are the reasons for the trademark registration to be rejected? Follow me along to find out below.

What are the reasons for trademark rejection?

1. Others register first.

When a trademark examiner conducts a trademark examination, he or she first searches the trademark database, and if it is found that the same trademark has been filed by multiple people on the same or similar goods, the company or individual who filed the application will be rejected based on the "first-to-file principle".

This situation is generally caused by the blind period of trademark search, which is an unavoidable objective reason, in addition, there is also a situation caused by the negligence of the trademark registration applicant. Some enterprises or individuals have no experience and are not familiar with the trademark registration process, and do not conduct a trademark similarity search before filing a trademark registration application, resulting in the situation that the applied trademark is the same as the trademark that has been successfully registered, and the registration fee is lost in vain.

2. The trademark lacks distinctive features.

When the trademark applied for is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider that the trademark lacks distinctive features and is not recognizable, and the trademark will be rejected.

3. The similarity of trademarks was rejected.

If two trademarks are similar in terms of character shape, pronunciation, meaning, composition and color of graphics, overall structure, three-dimensional shape and color combination, which are likely to cause misunderstanding or confusion among the public, they will generally be recognized as similar trademarks and will be rejected.

Generally speaking, if you deliberately imitate other brands when choosing a trademark name or logo design, and the idea of a famous brand is generated, it is very likely that it will be recognized as a similar trademark and rejected. Trademark similarity is the most common reason for refusal, and it is also the most likely place to misjudge, so it should be treated with caution.

4. Trademark names are generic names and descriptive words.

Names that are commonly used in the industry and words that merely describe the characteristics of a product cannot be registered as trademarks.

5. The use of a sign that is not allowed to be registered.

The Trademark Law stipulates a number of signs that cannot be registered as trademarks, including the name, national flag and national anthem of the People's Republic of China.

In fact, if the company is willing to run on its own, it can actually be won, but it is time-consuming and laborious, in fact, I still recommend that you find a professional and reliable ** agency to apply on your behalf, only need to pay a low fee, you can help you get it, and the pass rate will be higher.

Reasons for trademark rejection: 1. Article 10 of the Trademark Law stipulates that the following signs shall not be used as trademarks: (1) they are identical or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc., and are identical to the name, logo, name of a specific place where the state organ is located, or the name or graphic of a landmark building; (2) It is the same or similar to the name of the country, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of that country**; (3) The name, flag, emblem, etc., of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public; (4) It is identical or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized; (5) It is identical or similar to the name or symbol of the "Red Cross" or "Red Crescent"; (6) Ethnically discriminatory; (7) It is deceptive and easy to mislead the public about the quality and other characteristics of the goods or the place of origin; (8) It is harmful to socialist morality or has other negative influences.

The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark. However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; Trademarks that have been registered for the use of geographical names continue to be valid. 2. Article 11 The following signs shall 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. 3. Article 30 If a trademark applied for registration does not conform to the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

4. Article 31 Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same or similar goods, the trademark for which the application was made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.

1.Trademark Office examiner will first compare the existing trademark information in the Trademark Office database and find a trademark with the same name and class, which will reject your registered trademark according to the "first-to-file principle".

2.Trademark similarity rejection: If two trademarks are similar in terms of character shape, pronunciation, meaning, composition and color of graphics, overall structure, three-dimensional shape, and color combination, which are likely to cause misunderstanding or confusion among the public, they will generally be recognized as similar trademarks and rejected.

3.Trademark names are generic and descriptive words: names that are common in the industry and words that merely describe the characteristics of a product cannot be registered as trademarks.

4.Lack of distinctive features: When the applied trademark is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider the trademark to lack distinctive features and be recognizable, and will be rejected.

5.Use of signs that are not allowed to be registered: The Trademark Law stipulates that a number of signs that cannot be registered as trademarks, including the name of the People's Republic of China, the national flag and the national anthem, among them, place names and names or signs that are likely to mislead the public about the quality of goods and the place of origin cannot be registered as trademarks.