1. How to deal with the trademark registration application accepted by the Trademark Office after reviewing it
1. After the Trademark Office examines the accepted trademark registration application, it will handle it according to the following circumstances:
(1) For goods that comply with the regulations or are in some designated products If the registration application for a trademark used on the Internet meets the regulations, it will be initially reviewed and announced;
(2). If the application does not meet the regulations or is used on some designated goods, If the application for trademark registration does not comply with the regulations, the application for registration of the trademark for use on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated.
2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Second Article 11 The Trademark Office shall examine the trademark registration applications accepted in accordance with the relevant provisions of the Trademark Law and these Regulations. If the registration application meets the provisions or the trademark is used on some designated goods, it shall make a preliminary review and make an announcement; If the registration application for trademark use on some designated goods does not comply with the regulations, or the registration application for use of the trademark on some designated goods is rejected, the applicant shall be notified in writing and the reasons shall be stated.
2. Under what circumstances can it not become a trademark?
(1) Only the common name, graphics and model of the product
The common name of the product Names, graphics, and models are commonly recognized and used by a certain industry. Some of them are common features that distinguish this product from other products. No one should have a monopoly. Using common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and is contrary to fairness.The principle of competition. Since these marks themselves do not have the function of distinguishing different operators, however, when the common names, graphics, and models of these goods are used by a certain operator as trademarks for their own goods, and through use, consumers are able to distinguish the goods with their marks. If it is distinguished from other goods of the same kind, it should be considered to have acquired distinctiveness and can be registered as a trademark.
(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods
It is prohibited to use words or graphics that directly represent the characteristics of the product as a trademark. The reason is the same as the aforementioned prohibition of using the common name or graphics of the product as a trademark. It should be noted that what is prohibited by law is only signs that "directly" express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that "indirectly" express or imply certain characteristics of the goods are It is not prohibited because signs that indirectly express or imply certain features of goods may often be trademarks with distinctive features.
According to the provisions of the "Regulations on the Implementation of the Trademark Law", the Trademark Office will review the accepted trademark registration applications and make preliminary approval of the applications that meet the conditions, and An announcement will be made; if the application does not meet the regulations, the application will be rejected and the applicant will be notified in writing and the reasons will be stated. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
