table of contents
Trademarks that are not allowed to be registered and their examples
Trademarks that may harm public order or good morals
This includes trademarks that contain violent, obscene, or discriminatory elements. Other examples include trademarks that may be mistaken for national qualifications, etc., trademarks consisting of the names of historical figures, and trademarks that may be misidentified as organizations or organizations related to a country, etc.
Trademarks that cause confusion with existing trademarks
Trademarks that are likely to be confused with other people's existing trademarks or names cannot be registered. This is because consumers may misidentify the source of goods and services. Trademarks that resemble brand names or logos that are already known in the market are likely to violate this standard. Furthermore, it is not possible to register trademarks that not only may cause confusion about the source of the product, but also may lead to the misunderstanding that the product is related to the business of a person who has some kind of economic or organizational relationship with another person.
Trademarks that are misleading regarding the quality or nature of goods or services
Trademarks that are likely to cause misunderstanding regarding the quality or nature of goods or services are also not allowed to be registered. For example, if a trademark containing words such as ``eco'' or ``organic'' differs from the characteristics of the actual product, or if a trademark containing the word ``LONDON'' is used for products other than ``products made in London,'' this standard applies. It may be said that it is contrary to the
Main points of trademark examination
Discernment requirements
Trademarks require the ability to distinguish specific goods or services from those of others. Trademarks consisting of general terms or descriptive expressions may be judged to lack distinctiveness and registration may be refused. The distinctiveness of trademarks is explained in detail in the examination standards.
Individual registration requirements
The examination standards include requirements for a product to be judged as discriminatory, but unregistrable from the perspective of protecting public interest or private interests. For example, as mentioned above, trademarks that violate public order and morals and trademarks that are similar to other people's trademarks fall under this category.
Reasons for refusal and how to deal with them
If there are reasons for non-registration, the examiner will notify you of the reasons for refusal. Trademark registration applicants can respond by submitting written opinions and amending designated goods and services (services refer to services). The examiner will determine whether the reasons for refusal have been resolved.
Effective trademark application strategy
Choosing the right trademark
When choosing a trademark, it is important to consider the above examination criteria and choose a unique trademark that is distinguishable from other trademarks and does not cause misunderstanding.
Understanding the application process
Understanding the trademark application process is essential for efficient and appropriate trademark registration. What is important in the application procedure is the selection of the trademark and designated goods and services, but the selection of the class to which the designated goods and services belong, and the required documents (in addition to the application form, "detailed description of the trademark" and "description of the designated goods (designated services)") This includes preparation of documents (such as documents, etc.) and payment of application fees. In particular, it is important to accurately specify the scope of goods and services for which the trademark will be used.
Effective response to reasons for refusal
If you receive a notice of reasons for refusal, we recommend consulting with an expert (patent attorney). Patent attorneys are familiar with examination standards and can suggest effective countermeasures to the reasons for refusal. We also support the submission of written opinions and procedural amendments as necessary, increasing the success rate of trademark registration.