The CTMO(China Trademark office) may refuse to register your mark on numerous grounds. Please call us to discuss your situation. The most common grounds for refusal are:

LIKELIHOOD OF CONFUSION

The CTMO conducts a search for conflicting marks as part of the official examination of an application after a trademark application is filed. In evaluating an application, the examining attorney conducts a search of CTMO records to determine whether there is a conflict or similarity between the mark in the application and a mark that is either registered or pending in the CTMO.

The principal factors considered in reaching a decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, marks do not have to be identical or the goods and service the same. It is sufficient if the marks are similar and the goods and or services are related. Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion.

When a conflict exists between the applicant's mark and a registered mark, the examining attorney will refuse registration of the applicant's mark on the ground of likelihood of confusion. If a conflict exists between the applicant's mark and a mark in an earlier-filed pending application, the examining attorney will notify the applicant of the potential conflict. The applicant's mark will be refused on the ground of likelihood of confusion if the earlier-filed application becomes registered.

MERELY DESCRIPTIVE & DECEPTIVELY MISDESCRIPTIVE

The examining attorney will refuse registration of a mark as merely descriptive if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

PRIMARILY GEOGRAPHICALLY DESCRIPTIVE & PRIMARILY GEOGRAPHICALLY DECEPTIVELY MISDESCRIPTIVE

The examining attorney will refuse registration of a mark as primarily geographically descriptive if: (1) the primary significance of the mark is geographic; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association; and (3) the mark identifies the geographic origin of the goods or services.

A mark will be refused as primarily geographically deceptively misdescriptive if: (1) the primary significance of the mark is geographic; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association; and (3) the goods or services do not originate in the place identified in the mark.

ORNAMENTATION

In general, the examining attorney will refuse registration if the applied for mark is merely a decorative feature or part of the "dress" of the goods. Such matter is merely ornamentation and does not serve the trademark function of identifying and distinguishing the applicant's goods from those of others.