Hello, there are unknown risks in trademark registration, and the registration is not 100% successful. However, you can withdraw money to avoid risks and improve the registration success rate as much as possible. The reasons are as follows:
1. There is a blind spot in trademark search
Before applying for a trademark, the trademark must be searched to see if it is identical or similar. It is possible to avoid being identical or similar to a certain extent. This ensures a higher chance of success in trademark registration. Basically, the results can be found from application information that has been issued with a letter of acceptance to registered trademarks.
However, no one can search for recently applied trademarks that have not yet received an acceptance letter. The blind period is based on the data entry time of the Trademark Office, which is about 4 months. If during the blind period, even if someone applies for the same trademark as you, they will not be able to search, so there is a certain risk.
2. Determination of trademark similarity requires artificial similarity analysis and comparison
During the comparison process, the individual applicant, trademark search personnel, and Trademark Office examiners all have a There is a set of standards and opinions, so there is no absolute standard for whether two trademarks are similar or not, only a probabilistic judgment. Especially for the similarity of graphic trademarks, the difference in judgment is even greater, and the final result is determined by the examiner.
3.? Judgment of trademark distinctiveness, examiner or subjective assumption
Whether a general trademark is distinctive, investigators will analyze and determine based on experience and trademark regulations. After most trademarks are judged, reasonable suggestions and results can be given in order to improve the success rate of registration. However, the possibility of subjective assumptions by the examiner cannot be ruled out.
4. Within three months of the trademark announcement period, anyone in the country can raise objections
For example, pointing out that the trademark is similar to a certain trademark, infringes upon the rights and interests of an individual, trademark squatting, etc., the trademark After receiving the objection, the Bureau will ask the applicant to respond, and then make a decision on whether to approve based on the materials, and may even review it.
This shows that it is impossible to ensure 100% successful registration of a trademark. Even a giant like Alibaba can encounter trademark rejection, let alone a small and micro enterprise? However, after being checked by a professional agency, the registration success rate can still be improved after correction.