Can the risks of trademark registration be completely avoided
No.
The reasons why trademark registration risks cannot be completely avoided:
First, there is a "blind search period" in trademark searches
The "blind search period" of trademark search, as the name suggests This means that the trademark application information within a certain period of time cannot be queried.
Why is there a "blind search period"? This is because it takes a certain amount of time for trademark application-related information to be entered into the Trademark Office database, during which time the trademark application information cannot be queried. For example, a trademark applied for a week ago cannot be searched because it has not yet been entered into the official database of the Trademark Office. This period becomes the "blind search period" for trademark searches.
Currently speaking, the "blind search period" for trademark inquiries is 5-6 months, which means that the trademark application information half a year before today cannot be searched. In this During the process, if someone applies for a trademark that is exactly the same as yours, it will be rejected.
So in the process of trademark registration, the "blind search period" of trademark inquiry is the first risk that applicants must face, and it is also an unavoidable risk.
Second, the subjective judgment of the trademark examiner affects trademark registration
As we all know, each trademark is reviewed in accordance with the "Trademark Examination Guidelines" and related standards are independently reviewed and determined by the examiners of the Trademark Office. However, because different examiners have certain differences in their own professionalism, knowledge, work experience, sense of responsibility, etc., the examination results will inevitably be affected by the subjective factors of the examiners. Impact. Therefore, for the same type of situation, different examiners may come to completely opposite judgment results, which will cause trademarks in the same situation to be successful and some to be rejected.
In general, trademark review is a highly subjective task. The standards for trademark examination will also change with the times, so the risks brought by the subjective judgment of trademark examiners on trademark registration are inevitable.
Third, the professional level of trademark agencies varies greatly
According to incomplete statistics, more than 80% of enterprises entrust trademark agencies to apply for trademarks. Since trademark applications are highly professional and technical, and trademark registration itself has certain risks, trademark registration The professional quality of the trademark agency is particularly important for successful application.
But in reality, there are all kinds of trademark agencies, and their professional quality is mixed. Some trademark agencies that lack credibility or have low professional standards are often driven by interests and recommend companies to apply for some trademarks that cannot be registered. As a result, they are rejected by the National Trademark Office. Rejection not only wastes limited funds but also delays valuable time.
In the actual operation process, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle it in order to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If you have any You can also find relevant legal solutions.
