1. What to do if the trademark registration fails?
If the trademark registration fails To succeed, you should find out the reasons. Unsuccessful trademark registration is a relatively frequent phenomenon in the industry. Then, the reasons for unsuccessful trademark registration can be summarized into the following aspects:
1. The irresistible blind spot of trademark inquiry
Trademarks must be inquired before application, whether the applicant entrusts an agency to inquire or goes to the National Trademark Office on his own On the official query website, the data retrieved is not the data as of the query date, which is a blind spot in trademark query data. Part of the data in the blind area is the application data that is being submitted, and the other part is the data that has been submitted to the National Trademark Office but has not been entered into the query database by the Trademark Office in time; other data is trademark review, international trademark extension priority, etc. . It is precisely because of the gaps in the above three aspects of data that the applicant's conclusions after careful inquiry are not entirely accurate. Although the probability of the proposed trademark conflicting with the blind spot data is very small, the existence of the blind spot and its irresistibility make it uncertain whether the trademark can be successfully registered.
2. Trademark examiners have greater discretion and are more arbitrary
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Trademark review is not machine review, but human analysis and judgment by trademark examiners. Each examiner's knowledge and perspective of considering the problem are not exactly the same, which may lead to completely different examination results for the same trademark in the hands of two different examiners. Of course, for the examination of trademarks, the State Trademark Office has formulated "Examination Standards" to guide and restrict examiners to prevent the occurrence of incorrect refutations. However, the "Examination Standards" only lists some common examination cases for examiners to study and refer to. It is impossible to include all cases in the "Examination Standards" and explain them one by one; furthermore, the examination of trademarks is carried out according to the " Case review”. considering eachThe popularity and distinctiveness of trademarks are not exactly the same, so even two completely similar cases may produce two completely different review results.
3. Unpredictable trademark opposition procedures
The trademark application is reviewed and approved by the Trademark Office After that, the trademark announcement period of three months begins, which is also called the opposition period. If any person or enterprise has objections to the trademark application, they may file an objection application with the National Trademark Office within three months. After the National Trademark Office receives the opposition application from the opponent, the applied trademark will enter the opposition procedure. The National Trademark Office will make a decision on whether to approve the registration of the trademark application within about two years based on the objection grounds raised by the opponent and the actual situation.
2. Which products are subject to compulsory trademark registration?
According to According to the provisions of my country's Trademark Law and the Implementing Rules of the Trademark Law, the scope of trademarks subject to compulsory registration in my country mainly refers to two categories of goods: first, human medicines, and second, tobacco products.
Human drugs refer to Chinese patent medicines (including medicinal wine), chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum vaccines, blood products and Diagnostic drugs, etc.; tobacco products, including cigarettes, cigars and packaged tobacco.
Applicants who wish to register a pharmaceutical trademark must attach certification documents issued by the health administration department. When applying for trademark registration for cigarettes, cigars and packaged cut tobacco, documents approving production from the national tobacco authority should be attached.
Since drugs and tobacco products are closely related to people's lives and directly affect people's health problems, if compulsory registration is not implemented, there may be unscrupulous businessmen seeking to make profits. , taking advantage of legal loopholes to produce products that are harmful to human beings. Therefore, these two products must be compulsorily registered as trademarks.
Legal basis: Article 19 of the "Tobacco Monopoly Law" Cigarettes, cigars and packaged cut tobacco must apply for trademark registration. If the registration is not approved, the trademark shall not be registered. Production and sales. It is prohibited to produce and sell tobacco products that counterfeit other people's registered trademarks.
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