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What is the reason for the failure of trademark registration order review? How to deal with it?

The failure of a trademark registration order review can occur due to several reasons, including:

  1. Non-compliance with legal requirements: The trademark may violate laws, such as containing prohibited content (e.g., offensive terms, misleading information) or failing to meet distinctiveness criteria.
    Example: A trademark like "BestPhone" for smartphones might be rejected if it is deemed too generic and lacks uniqueness.

  2. Similarity to existing trademarks: If the applied trademark closely resembles an already registered one in the same industry, it may be refused to avoid consumer confusion.
    Example: Registering "AppStore" for a software platform could conflict with Apple's existing trademark.

  3. Incomplete or incorrect application: Missing required documents, incorrect classification, or unclear representations of the trademark can lead to rejection.
    Example: Failing to submit a proper specimen of use for a trademark claimed in commerce.

  4. Ownership or identity issues: Discrepancies in applicant details or unauthorized representation can cause rejection.
    Example: A company submitting an application under an individual’s name without proper authorization.

How to Handle It:

  • Review the rejection notice: Understand the specific reasons cited by the trademark office.
  • Amend and resubmit: Correct errors (e.g., clarify descriptions, provide additional evidence) and reapply.
  • Appeal the decision: If the rejection is disputed, file an appeal with supporting arguments and evidence.
  • Consult a trademark expert: Legal professionals can help navigate complex cases.

For businesses using cloud services to manage intellectual property, Tencent Cloud offers solutions like Document Management and Legal Compliance Tools to streamline trademark application processes and ensure accuracy. Additionally, Tencent Cloud’s AI-powered content moderation can help avoid prohibited terms in trademarks.