When applying for a trademark, you may encounter 3 dangerous situations!-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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When applying for a trademark, you may encounter 3 dangerous situations!

Release Time：

2022-07-04

Is it difficult to apply for trademark registration? For many first-time trademark registration applicants, there are certain difficulties. In addition to the preparation of various materials in the early stage, after submitting a trademark application, it is necessary to go through a number of links such as formal review, substantive review and preliminary approval announcement, among which there are inevitably some dangerous situations that may lead to the failure of trademark registration!

First look at a trademark registration process diagram:

It can be seen that in every link of trademark registration, there may be problems, which will affect the time of obtaining the license, and even lead to the failure of trademark registration. The more common 3 kinds of dangerous situations include trademark inadmissibility, trademark rejection and trademark objection!

(1) Trademarks shall not be accepted

The main reason for the inadmissibility of trademarks is that the trademark application documents submitted by the applicant are incomplete or do not meet the relevant provisions. In popular terms, there are problems with trademark application materials, which belong to the formal review stage, and such mistakes can generally be avoided.

Before submitting the application, the applicant can self-check to see if there are any omissions. If you are not familiar with the trademark application, it is recommended to entrust a deep trust, by a professional trademark consultant to help you review and submit, more secure and assured.

(2) The trademark is rejected

There are usually two situations in which a trademark is rejected: on absolute grounds - that is, the trademark violates the prohibition regulations of the Trademark Law , and on relative grounds - and in conflict with prior rights.

Violations of the prohibition regulations of the Trademark Law include generic names, lack of distinctiveness, deceptive signs, signs that are harmful to socialist morality or have other adverse effects. The conflicts with prior rights mainly include affecting or damaging others' prior trademarks, prior trade names, prior Copyrights and appearance patents, and prior citizens' personality rights. The above reasons for rejection can be avoided as far as possible by consulting the Trademark Law, consulting professional agencies and conducting sufficient trademark inquiries before applying for trademarks.

It is worth noting that the trademark system has a "blind search period" of 1-3 months, during which the submitted trademark information can not be retrieved, which may lead to the embarrassing situation of "the early trademark query is not found, and the submission is approximately rejected". This is an objective factor, experienced agents can not avoid, which is also an important reason why no one can guarantee the success of 100% trademark registration.

However, the trademark is rejected do not have to panic too much, as long as there is a legitimate reason to file a trademark rejection review application, many trademarks are approved after the rejection of the review.

(3) Trademark objection

Trademark opposition refers to the public to a certain trademark after preliminary examination and announcement, within the legal period, the trademark Office to raise the objection of the trademark not to register, that is, the trademark Office is required not to approve the trademark registration after the expiry of the prescribed 3 months of opposition. According to the Trademark Law, the objection applicant may be the prior right holder or interested person; Or anyone.

Trademark objections do not preclude malicious objections, and it is possible that a competitor may use the trademark opposition process for improper purposes to prevent your trademark from being registered in a timely manner. When our trademark is opposed, we should make a defense within the time limit of the trademark Office, and give a well-targeted, comprehensive and reasonable statement of the reasons for the trademark objection. Do not panic when you encounter trademark objections, calmly deal with it, and there is still hope to win the exclusive right to use the trademark.

Source: 32 Knowledge Association

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