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Why my application for registration is rejected by CTMO?
Usually application of registration will be rejected due to the following reason:
1. The trademark violates the China Trademark Law & CTMO’s regulations.
Check relative Articles and regulations
- those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People’s Republic of China;
- those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;
- those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
- those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
- those relating to generic names or designs of the goods in respect of which the trademark is used;
- those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
- those having the nature of discrimination against any nationality;
- those having the nature of exaggeration and fraud in advertising goods;
- those detrimental to socialist morals or customs, or having other unhealthy influences.
2. The trademark lacks of prominence.Examine for prominence Upload SEND
3. There have prior similar or identical trademarks filed or registered before yours.Trademark search for similar or identical trademarks
Fully Rejection & Partial Rejection
Fully rejection refers that all the goods/service items that you selected in the application are all rejected, and you will lose all the rights on the rejected trademark.
Partial Rejection refers that some the goods/service items that you selected in the application are rejected, and you will only lose the rights on those rejected goods/service items.
The remedy after the your trademark is rejected:
For the case of fully rejection, it is certainly necessary to apply for Rejection Review to TRAB, if you want to regain your trademark rights.
For the case of partially rejection, applying for rejection review is not necessary. It is depending on whether the rejected goods/service items are your primary items or not, if they are, then it is necessary to make the review for getting the trademark rights; if not, you can merely choose to abandon those item.