Do I need to apply for division if my trademark is partially rejected?

At this time, we should make an in-depth assessment of our actual usage and whether the corresponding supporting materials are sufficient and complete, so as to decide whether to initiate a rejection review. If after overall consideration we conclude that the probability of successful rejection review is not high enough, we recommend following the same principle and trying to divide the passed sub-category trademarks. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Is it necessary to apply for division if the trademark is partially rejected?

When facing a trademark When encountering the dilemma of partial rejection during the registration process, the applicant should first weigh whether it is necessary to initiate a rejection review procedure to obtain approval.

If after evaluation it is believed that the expected results may not be achieved, you may choose to abandon the application and divide the trademark.

If you decide to initiate a review, you no longer need to consider splitting the trademark.

In addition, if the reason for rejection is obviously deviated from the actual situation and the difference with similar trademarks is significant enough, the applicant should conduct a comprehensive review of its actual use and relevant evidence. Careful review, combined with the evaluation results, determines whether to initiate the rejection review process.

Ultimately, if it is difficult to determine the probability of rejecting the review after comprehensive analysis, the applicant may wish to try to divide the approved subcategories.

Article 22 of the "Trademark Law of the People's Republic of China"

Trademark registration applicant The product category and product name of the trademark should be filled in according to the prescribed product classification table, and an application for registration should be submitted. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

2. Are international trademarks protected domestically?

Trademark registration protection has significant regional characteristics. If it is registered in a certain country, it can only receive legal recognition and protection within that country.

Although trademarks registered overseas can be used in my country without submitting specific supporting documents, please note that they do not have legal protection in my country.

Therefore, for well-known foreign companies that want to expand the domestic market, it is crucial to register their trademarks in a timely manner and obtain exclusive rights to the trademarks, otherwise they will not be able to obtain comprehensive legal protection.

In fact, many foreign brands have already implemented this principle. They often start corresponding domestic trademark registration work before entering the domestic market or even at the beginning of the entry plan.

There is nothing wrong with considering trademarks as a necessary passport to enter the market.