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Others registered unsuccessful trademark, I go to register the success rate is big?

Release Time：

2023-02-24

Others have not registered a successful trademark, and then to register, can have a few chances of success, this is really not too hard to say,Because trademarks are subject to case-by-case review, other trademark registration situations cannot be the reason for your registration success or failure.

But whether you can go to register again depends on what the previous rejection is, there are several situations, Xiaobian would like to share, for reference:

First, if the previous rejection is because of Article 4 of the Trademark Law, the previous application belongs to the malicious trademark registration application for the purpose of not using, then when the application is applied, it is necessary to register whether it belongs to this situation. If you also want to hoard auction money, then give up this idea as soon as possible; If not, then you can apply (regardless of other reasons such as approximation).

Second, if the previous rejection is because of Article 10 of the Trademark Law, the previous application is not allowed to be used as a trademark, then it is still early to abandon the trademark, unless it can be proved that the name has other meanings, otherwise do not think about it.

Source: Half a ton of intellectual property

Third, if the previous rejection is because of Article 11 of the Trademark Law, which cannot be registered as a trademark and lacks distinctiveness, it is not recommended to apply again, unless you can prove that the distinctiveness has been achieved through use.

Fourth, if the previous rejection is because of Article 19 of the Trademark Law, which belongs to the situation that the trademark agency shall not apply for registration of other trademarks in addition to applying for trademark registration for its agency services, then check whether there are words such as "intellectual property rights, trademark agency" in its business scope, if so, it must first change the business scope.

Fifth, if the previous rejection is because of the second and third paragraphs of Article 13 of the Trademark Law, it is not recommended to apply again, because the power of well-known trademarks is not covered!

Sixth, if the previous rejection is because of Article 15 of the Trademark Law, it is not recommended to join the party again, because most of the opponents will choose to register the trademark when they object.

Seventh, if the previous rejection is because of the first paragraph of Article 16 of the Trademark Law, involving geographical indications, the corresponding trademark holders will well protect their trademarks, will not let you touch.

Eighth, if the previous rejection is because of Articles 30, 31, 32 of the Trademark Law, it is not recommended to apply again.

The above is just a single reason analysis, in many cases, the trademark rejection is because of the comprehensive rejection,How do we know the grounds for the previous rejection? No, hahaha，Surprise, can only find a professional agent to judge!

Finding a reliable agency can effectively avoid stepping on the pit in the process of trademark registration, which seems surprising to some laymen, in fact, it is just a routine operation in the industry.

Back to the original question, others registered unsuccessful trademark, I go to register the success rate of big? This still can not answer, specific questions specific analysis!

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