Share! Several ways to improve the success rate of trademark registration
The way to get a trademark is nothing more than to register a trademark or transfer a trademark. However, many start-ups will choose a registered trademark first because of capital problems.
With the increasing number of trademark applications, more and more trademark passing rate is also lower and lower. How can we reduce the risk of trademark rejection? There are entrepreneurs to ask, is there any way to reduce the probability of trademark rejection?
No way, it depends on what you do!
First of all, let's analyze the reasons for trademark rejection?
1. Subjective tendency of Examiners
Because trademarks are reviewed by people, the subjective tendency of trademark examiners will determine whether the trademark is rejected.
However, the trademark examiner is still very professional. Generally speaking, he can examine the trademark objectively and fairly.
2. Trademark approximation
The newly applied trademark shall not be the same or similar to the trademark previously registered by others in the classification of goods or services in which the trademark is located.
If two trademarks are similar in font, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, color combination, etc., which is easy to cause misunderstanding or confusion, they will generally be identified as similar trademarks and rejected.
3. The trademark contains a common name
According to Article 11 of the trademark law, a mark with only the general name, figure and model of the commodity cannot be registered as a trademark.
Therefore, such as: U disk, hotel, washing machine, beer, etc. can not be registered as a trademark.
4. Lack of significance of trademarks
If the newly applied trademark is too simple, such as: fewer words, using simple lines, using simple geometry, etc., the examiner will think that the trademark lacks significance, is not recognizable and distinguishable, and will reject the trademark registration application. The reasons for trademark rejection are nothing more than the above four. As long as your trademark does not violate the above situation, the probability of rejection will be reduced.
In addition to the above-mentioned problems, there are also the following four points that deserve the attention of the applicant.
1. Registered trademark "next to famous brand"
Many people hope that their registered trademark is similar to a famous brand, so that they can "hitchhike" and "rub the heat".
However, such a trademark can't pass the examination basically. The trademark examiner is particularly sensitive to the "famous brand" trademark, which can be seen at a glance.
Therefore, it is suggested that we do not "rely on famous brands" when naming trademarks.
2. Combined trademark can be registered separately
If you register a combination of trademarks, you can separate text and graphics.
When examining the combined trademark, the trademark examiner examines the words and figures separately. If one element is unqualified, the trademark will be rejected.
If the combined trademark is registered separately, even if one element is unqualified, the registration of other trademarks will not be affected.
3. No trademark similarity
According to Article 30 of the trademark law, if the trademark applied for registration is the same or similar to the trademark already registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make a public announcement.
4. Entrusted agency to handle trademark declaration
The work of trademark agency is very meticulous and complicated, and the rejection of trademark application. Objections, including the three issues of withdrawal in the later stage of practical application, as well as the issues of renewal of trademark or change of name and address of the applicant when the trademark expires, are inseparable from the reminders and assistance of the agency.
Therefore, when applying for a registered trademark, we must try our best to avoid being similar to or the same as the trademark previously registered by others. At the same time, you should go to a regular agency to follow the advice of the agency, so as to reduce the risk of rejection of your trademark.
