Trademark rejection analysis is critical during the application process. Professionals assess rejection reasons to determine whether to appeal and evaluate success probabilities. Rejections typically fall into two categories:
Absolute Grounds
Issues with the trademark itself (e.g., lack of distinctiveness, violation of public order/morality, or legal non-compliance). Appeal success rates are generally low.
Relative Grounds
Conflicts with existing trademarks—usually where applied marks resemble prior registrations for identical/similar goods/services, causing consumer confusion.
Key Appeal Strategies
Analyze Cited Marks Thoroughly:
Examine the classes and goods/services of cited trademarks. If their scope differs significantly from yours with minimal confusion risk, appeal success increases.
Investigate Usage Evidence:
Assess cited marks’ market presence and recognition to identify counterarguments.
⚠️ Deadlines Are Non-Negotiable
Failure to submit appeals within the prescribed timeframe results in automatic forfeiture of rights. Last year, a colleague of Lao Yang (Putui Intellectual Property) missed the appeal window due to delayed documentation.
Action Required: Upon receiving rejection notices, immediately:
Consult professionals to evaluate appeal prospects
Prepare and submit all materials within 30 days