How to improve the probability of successful trademark registration
1. Name requirements It must be original and easy to remember
Articles 10 and 11 of my country's Trademark Law stipulate that it shall not be used or registered as a trademark If an enterprise uses a national name, national emblem, red cross or other symbols that are not allowed to be used as trademarks, or if it registers a common name of a product or a name that lacks distinctiveness as a trademark, it will not be able to pass the Trademark Office review, which will ultimately lead to the enterprise Trademark registration failed.
Trademarks include text, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, all of which can be applied for as trademarks register. Trademarks with only words are called single trademarks, while trademarks with letters + numbers, words + graphics, words + graphics + letters, etc. are called combination trademarks.
In addition, professional issues such as whether the trademark is distinctive, original, and similar must be considered, so that it can successfully pass the trademark office review and improve the success rate of trademark registration.
2. Prevent trademark similarity
During the trademark registration process, trademark registration failure due to identical or similar trademarks is the most common reason for failure. Therefore, before submitting a trademark registration application, you need to carefully check the similarity of trademarks.
Enterprises or individuals can log in to the "China Trademark Network" designated by the Trademark Office or entrust a trademark agency to conduct similar trademark searches. Trademark registration status at the Trademark Office, learn about preparations to apply for registrationWhether the registered trademark is the same as or similar to the trademark that has been registered or is being registered by others will greatly reduce the risk of trademark registration, improve the success rate of trademark registration, and avoid double losses of time and money.
3. Combination trademarks may not be registered if there is even one factor that is similar
Combination trademarks also have risks that cannot be ignored. China’s A combination trademark is examined through a single examination of each constituent element. The words, letters, graphics and other elements that constitute the combination trademark must ensure that they are not identical or similar to trademarks that have been registered or are being registered by others in order to pass the examination. That is to say, as long as If one of the constituent elements is identical or similar, the entire trademark will be rejected, ultimately leading to the failure of trademark registration.
Therefore, during the trademark registration process, registering the combined trademarks separately will greatly improve the success rate of trademark registration. If you want to apply for registration A combination trademark is very important to a business or individual, so you can register the entire combination trademark as a whole while registering it separately.
4. Clear the trademark category
Selecting the category of goods or services is an inevitable step when companies apply for trademark registration. If the application category is incorrect, not only will the trademark fail to protect the legitimate interests of enterprises and individuals, but it is also very likely that the trademarks will be similar during trademark registration, leading to failure of trademark registration.
5. Trademarks that are deemed not to be registered can apply for reconsideration
There are many reasons for unsuccessful trademark registration. In addition to the subjective reasons from the applicant himself, there are also many objective unavoidable reasons in the trademark application process, such as search blind period, trademark review Subjectivity, etc., companies or individuals will inevitably encounter situations where the application is rejected or opposed, but this does not mean that the trademark is "hopeless".
Article 34 of my country's Trademark Law stipulates: For a trademark that rejects the application and refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. That is to say, in terms of procedures, all trademark applications rejected by the Trademark Office can apply to the Trademark Review and Adjudication Board for rejection review within the specified date and request a new ruling. This is equivalent to giving all trademarks that have been sentenced to "death" a chance to be reborn.
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