In the process of trademark application, many enterprises are often rejected for some nonconformities. After receiving the rejection documents from the Trademark Office, be sure to keep all the received documents, including the envelopes, because they are useful. After the trademark is partially rejected, the applicant may apply for reconsideration or abandon the rejected part.

The reasons for refusal of registration in the Trademark Law can be divided into absolute reasons and relative reasons according to their nature. The distinction between absolute reasons and relative reasons is of great significance in distinguishing the application of law, relevant procedures, the subject qualification of the petitioner, the limitation of claims and the scope of review and hearing.

1、 Absolute reason

The absolute reason involves the violation of the significance, non functionality and public interest of the trademark law, and does not consider the impact on the specific obligee. It is absolute and generally falls within the scope of the trademark registration department's active trial on its own authority. include:

1. An application for registration of a malicious trademark not for use as prescribed in Article 4 of the Trademark Law.

2. Marks that shall not be used as trademarks as stipulated in Article 10 of the Trademark Law.

3. The lack of distinctive features as stipulated in Article 11 of the Trademark Law shall not be used as a sign of trademark registration.

4. The three-dimensional signs with functions that are not allowed to be registered as stipulated in Article 12 of the Trademark Law.

5. The trademark agency specified in Paragraph 4 of Article 19 of the Trademark Law shall not apply for the registration of trademarks other than those for which it serves as an agent.

6. A trademark that has been registered by deception or other improper means as prescribed in Article 44 of the Trademark Law.

2、 Relative reason

The relative reason involves the damage to others' prior trademark rights, other existing prior rights of others, etc. It damages the legitimate rights and interests of specific subjects, which is relative.

Except that the registration review procedure takes others' prior trademark rights as a ground of refutation ex officio, the trademark registration department generally cannot take the initiative to hear the relative reasons ex officio, and only conducts the review and hearing according to the party's application in the objection or review procedure. include:

1. The well-known trademarks of others specified in Article 13 of the Trademark Law, the trademarks of the principal, the representative or other specific related parties specified in Article 15 of the Trademark Law.

2. Geographical indications of others as prescribed in Paragraph 1 of Article 16 of the Trademark Law.

3. The trademark that has been registered or preliminarily approved by others as prescribed in Article 30 of the Trademark Law.

4. The trademark for which the registration application of another person is first filed as prescribed in Article 31 of the Trademark Law.

5. The existing prior rights of others and the trademarks that have been used and have certain influence as stipulated in Article 32 of the Trademark Law.

The above is to sort out the relevant contents of legal knowledge about the absolute reasons and relative reasons for the rejection of trademark registration for everyone, hoping to help you.