Can common nouns be registered as trademarks?

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. The distinctiveness and legibility of a mark consisting only of the common name of a commodity obviously cannot meet the above requirements, and therefore it cannot be successfully registered as a trademark. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can common nouns be registered as trademarks

If when applying for a registered trademark, the mark only contains the common name of a certain product, then this is not possible Approved to be registered as a trademark.

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

A logo consisting only of the common name of the product is obviously distinctive and easily identifiable. The above requirements cannot be met and therefore cannot be successfully registered as a trademark.

Article 11 of the Trademark Law

The following marks shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features. Marks listed in the preceding paragraph that have acquired distinctive features through use and are easy to identify can be Registered as a trademark

2. Can the registered trademark still be used after rejection?

The rejected trademark can still be used.

Because the trademark has not been approved Legal registration process, so it cannot obtain legal protection

According to the clarification of trademark law. It stipulates that if the trademark rejection is based on absolute grounds for rejection, we do not recommend that you apply for a rejection review;

If the trademark rejection is due to relative rejection, please seek help from an intellectual property agency in time to accurately assess the similarity between the trademark and the rights of others based on trademark review standards, and then decide whether to initiate the rejection review process.

By submitting a rejection review application, you may still be able to successfully obtain trademark registration rights even if the review is unsuccessful , the applicant also has the right to continue to use the TM logo during the review period.

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