(1) Sample Rejection-Physical Model (Sample Photo-Physical Model)
1, solution
Submit new sample photos with more sales and commercial evidence.
Answer the examiner's questions truthfully.
C change to intentional use application (it can only be postponed and must be paid later)
2. Preventive measures
Strictly control the importance and authenticity of sample photos.
B. Provide customers with the option to apply for intentional use.
C events are not greedy, and samples match events (not greedy and irrelevant categories)
(2) Trademark translation and meaning (requirements for translation)
If the translation is in non-English, English translation is required.
1, solution
Provide a more detailed translation truthfully.
B was forced to cater to the interpreter.
2. Preventive measures
Before a declaration, know what language the trademark is and implement the meaning of the trademark.
(If it's an original word, say it's boring and you don't need to explain the "design concept")
(3) Appearance description (modification requirements for marking description statement)
Note: examiner's subjective judgment.
1, solution
Describe the trademark in detail.
B fits the examiner's description.
2. Preventive measures
Describe the appearance of the trademark as detailed, rich, true and accurate as possible.
(4) Abandoning the exclusive right (the exposer)-(meaningless); (descriptive)-(descriptive)
Note: A waiver of the exclusive right is required (the contents of the trademark can be retained, but the exclusive right is not enjoyed).
1, solution
Waiver of exclusive rights
B read supplementary registration-supplementary registration.
Premise-the trademark is used first, but it lacks significance.
Results-① There is evidence; (2) the trademark has prior rights, but it is not exclusive; (3) The trademark has been in the United States for five years and can be changed in principle.
2. Preventive measures
A improve sensitivity and explain some words in advance.
Words that lack meaning should not appear in trademarks.
(5) Trademark similarity; Article 2(d)
1, solution
Debate: the explanations are not similar, but there are differences, so convince the examiner.
Part B: Conflicting trademarks. Give up small items to protect the overall situation.
C the combined trademarks are similar, and the conflicting parts can be deleted to protect the overall situation.
2. Preventive measures
Do a good job in advance to avoid approximation.
3. Special
If it is similar to the trademark being applied for, it depends on the time (whether the first one is registered successfully)
(6) Others
1, suspected (name, place name, organization, country name, etc. )
2. Ask for photos of all samples-reminder: pragmatic! ! Small pieces are not greedy, and samples are sufficient.
Second, enlightenment.
1, choose small items accurately, not greedy.
2. Sample photos and true declaration with evidence.
3. Try to understand trademarks with American thinking, whether it is meaning, description or other.