Can a trademark issued with a rejection notice still be used?

Once the rejection review process is initiated, you will have more chances to successfully obtain Trademark registration rights. Even if the review result is not as expected, the applicant can still continue to use the TM mark during the review period. If you choose to give up the review application, the trademark application will be deemed invalid. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can the trademark issued with a rejection notice still be used

For trademarks that have not been approved, although they can continue to be used, they have not been officially registered. Therefore, it cannot be fully protected by the law.

According to the relevant provisions of the Trademark Law that are strictly followed, if the trademark is rejected the reasons If it is an absolute reason, then we do not recommend that you apply for a rejection review; on the contrary, if the trademark is rejected because of a relative reason, we encourage you to seek the opinions and suggestions of a professional intellectual property attorney immediately.

According to industry standards for trademark review, they will be able to compare registered trademarks with other prior Make an accurate assessment of whether the rights are similar so that you can independently decide whether to submit a rejection review.

Once the rejection review process begins, you will have more opportunities to successfully obtain the trademark Registration rights, even if the review result is not as expected, the applicant can still continue to use the TM mark during the review period.

If you choose to give up the review application, the trademark application will be deemed invalid.

Article 30 of the Trademark Law

If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.

2. Can common nouns be registered as trademarks?

If you are applying for registration If the mark only contains the common name of a certain product, it will not be approved for registration as a trademark.

This is mainly because, according to relevant laws and regulations, the trademark applied for registration must have distinctive features, be easily identifiable, and must not conflict with other individuals or organizations that have obtained legitimate rights and interests.

A logo that only consists of the common name of the product is obviously not as distinctive and legible as the above. requirement, so it cannot be successfully registered as a trademark.