What are the reasons for the rejection of the trademark

1、 Others have applied for registration first

When the Trademark Office examines a trademark, it will first search the trademark in the database. If it is found that the same trademark has been applied for trademark registration by more than one person on the same goods or similar goods, it will be rejected by the enterprise or individual applying for trademark registration according to the principle of "earlier application".

2、 Violation of absolute prohibition

According to Article 10 of China's Trademark Law, the following marks shall not be used as trademarks:

(1) Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as those identical with the names and symbols of central state organs, the names of specific places where they are located, or the names and graphics of landmark buildings.

(2) It is identical with or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country.

(3) The names, flags, emblems, etc. of international organizations between governments are the same or similar, except with the consent of the organization or those that are not easy to mislead the public.

(4) It is the same as or similar to the official signs and inspection marks indicating the implementation of control and guarantee, except those authorized.

(5) Those identical with or similar to the names and symbols of the Red Cross and the Red Crescent.

(6) Having the nature of ethnic discrimination.

(7) It is deceptive and easy to make the public misunderstand the quality of the goods or the origin of the goods.

(8) Harmful to socialist morality and customs or having other adverse effects.

The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, the place name has other meanings or is a part of a collective trademark or certification trademark; Registered trademarks using place names shall continue to be valid.

3、 Violation of relative prohibitions

Article 11 of China's Trademark Law stipulates that:

(1) Only the general name, figure and model of the product.

(2) It only directly represents the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity.

(3) Other lack of obvious characteristics.

Any sign conforming to one or all of the above characteristics shall not be registered as a trademark. However, if the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

4、 Trademark approximately rejected

If the two trademarks are similar in font, pronunciation, meaning, graphic composition, color, overall structure, three-dimensional shape, and color combination, which is easy to cause misunderstanding or confusion among the public, they will generally be recognized as similar trademarks and rejected.

Generally speaking, when naming a trademark and designing a logo, if you deliberately imitate other brands and have the idea of imitating famous brands, you are very likely to be identified as a similar trademark and rejected. Trademark similarity is the most common reason for rejection, and it is also the place most prone to miscarriage of justice, so it should be treated with caution.

5、 Violation of "prior rights"

The Trademark Law of China stipulates that "before the applicant for a registered trademark files an application for a registered trademark, the rights that others have legally obtained or enjoyed and are protected by law shall not be infringed." If the prior rights of others such as copyright, name right and portrait right are infringed when applying for a registered trademark, the trademark will also be rejected.

In order to avoid rejection or partial rejection, the trademark must be searched before registration, so as to avoid rejection of the trademark to a great extent.