What are the techniques to improve the passing rate of trademark registration
As the number of trademark registrations continues to increase, more and more Due to the non-renewable nature of trademark registration, the possibility of trademark similarity is also increasing, so more and more trademarks are rejected. Many customers feel that it is getting more and more difficult to register a trademark, but the principles followed for trademark registration have not changed, so finding the right method can still effectively avoid the risk of trademark rejection.
There are three specific methods:
1. Split registration - reduce the risk of one factor The risk of the trademark being rejected as a whole as being similar:
① The principle of trademark examination is to examine text and graphics separately. For example, a trademark contains two elements: text and graphics. If there is a trademark that is very similar to the text part before the trademark application, the Trademark Office will determine that the applied trademark is similar. , thereby rejecting the entire trademark.
So, split registration can be valid for combined trademarks When one of the elements has a greater risk of rejection and leads to the rejection of the entire trademark, thisThis can ensure to the greatest extent that another element can obtain trademark rights.
② Split registration can also be combined during use Use, the form of use is flexible.
③Split registration cost is higher than combined registration cost .
2. Combined registration - adding different elements makes the overall trademark more distinctive, reducing the risk of rejection of a separate application for an important element or improving the success rate of trademark authorization:
① Although the principle of trademark review is that text and graphic elements must be reviewed separately, When judging trademark similarity, the examiner still needs to consider whether the overall visual effect of the various elements when combined together is similar and whether it is likely to cause confusion and misunderstanding.
So when combining individual elements of a trademark with other trademarks When it comes to whether the trademark is similar or not, if another element is added, the trademark as a whole will be significantly different from other trademarks, and the risk of being dismissed as similar is reduced; and even if it is rejected, it will be easier to pass the rejection review. achieve success, thereby increasing the success rate of trademark licensing.
② Combination registration fixes the use form of the trademark , the arrangement of the trademark, the proportion of each element, etc. cannot be changed at will when using it.
③The combination registration cost is the lowest.
3. Split registration + combined registration—— The advantage is that the advantages of the above two methods can be achieved at the same time, but the disadvantage is that the cost of applying for a trademark increases:
① Reduce the risk of the trademark being rejected as a whole because one of the elements is judged to be similar; by adding different elements to make the overall trademark more distinctive, reduce the risk of a separate application for an important element being rejected The risk of rejection may increase the success rate of trademark authorization.
②Flexible use form.
③Split and combined registration costs are the highest.
Although this method is costly, it is like The same popular saying in the market is: you get what you pay for. Trademarks registered in this way have the highest success rate.
In summary, the above is the common registration method for trademarks , is also a technique to reduce the rejection of trademark registration. However, the specific choice of combination method must be combined with the trademark search results of the trademark engineer, so that the most reasonable method can be selected among the three methods.
The above isThe editor has compiled relevant knowledge for you. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
