1、 Split registration
reduce the risk that all trademarks will be rejected because one of the elements is judged to be similar:
the criterion of trademark inspection is the separation of words and graphics. If a trademark contains two elements of words and graphics, if a trademark is similar to the text part before the trademark request, the Trademark Office will determine that the requested trademark is similar, and then reject the whole trademark.
therefore, split registration can effectively cause the whole trademark to be rejected because one of the elements adjacent to the combined trademark has a greater risk of rejection, so as to ensure that the other element obtains the trademark right as far as possible.
adding different elements makes all trademarks more significant. Reducing the risk of rejection of a single request for an important element may improve the success rate of trademark authorization
although the principle of trademark inspection is to separate the text and graphic elements, the inspector still needs to consider whether the visual effects of all elements are similar when the elements are combined together, and whether it is easy to form confusion and misidentification.
therefore, when a single element of a combined trademark is similar to other trademarks, if another element is added, the whole trademark will be greatly different from other trademarks, and the risk of rejection will be reduced; and even if it is rejected, it is easy to achieve success after rejection review, and then improve the success rate of trademark authorization.
Third, split registration + combination registration
the advantage is that the advantages of the above two methods can be achieved together, and the disadvantage lies in the cost addition of requesting trademark:
reduce the risk of all trademarks being rejected because one of the elements is judged to be similar; adding different elements makes all trademarks more significant, and reducing the risk of a single important element being rejected may improve the success rate of trademark authorization.
the application mode is flexible, but the cost of splitting and combination registration will be higher.
Fourth, the trademark category should be accurate
it is an inevitable link for enterprises to select products or service categories when applying for trademark registration.
China adopts the "table of differences between similar products and services" to divide products and services into 45 major categories and some minor items. Enterprises and individuals need to select the categories of products or services as carefully and accurately as possible, so as to clearly specify the protection scale of the trademark.
if the requested category is not correct, not only can the trademark not play a role in safeguarding the legitimate interests of enterprises and individuals, but also there is a great possibility that trademark similarity will be formed during trademark registration, which will lead to the failure of trademark registration.