Many people have encountered the phenomenon of trademark rejection when applying for trademarks, but they do not know how to deal with trademark rejection

1、 Main contents of rejection review

The trademark rejection reexamination means that the trademark applied for registration is rejected after being examined by the Trademark Office, and the applicant is dissatisfied with the reasons for rejection and the legal basis of the Trademark Office, and applies to the Trademark Review and Adjudication Board for reexamination of the trademark.

2、 Reason for rejection of application for reexamination

Due to the large number of registered trademarks in China, the most common reason is that they are similar or identical to the trademarks that have been applied for earlier. In addition, it will also violate the provisions of Articles 9 to 13 of the Trademark Law, mainly referring to trademarks that are not distinctive and easily mislead the public.

3、 Two solutions to trademark refutation after review

1. Take the Trademark Review and Adjudication Board to the Beijing Intellectual Property Court to fight for trademark rights through administrative litigation. If you have doubts and dissatisfaction with the judgment, you can continue to state the legitimate reasons of the applicant through administrative litigation. Protect their own legitimate rights and interests from infringement according to law.

2. Avoiding reasons for rejection and applying for new trademark registration.

4、 Conditions for applying for rejection of trademark reexamination

1. The applicant for reexamination of the rejected trademark must be the original applicant of the trademark rejected by the Trademark Office, and other persons are not qualified to apply.

2. The rejection of an application for trademark reexamination must be filed within the statutory time limit.

3. The content of the rejected application for trademark reexamination must be the exact content of the rejected application for trademark registration, and the reason for reexamination must be based on the reason for rejection by the Trademark Office. Otherwise, the application for reexamination shall be deemed invalid.

4. To apply for reexamination of a rejected trademark, two copies of the Application for Reexamination of a Rejected Trademark must be sent to the Trademark Review and Adjudication Board, together with the Application for Trademark Registration (the original rejected by the Trademark Office), ten original trademark drawings, one black and white ink draft and the Notice of Trademark Rejection.

5、 Two step process of trademark rejection review

Step 1: Submission of preliminary documents. The Trademark Law clearly stipulates that the reexamination and defense shall be conducted within 15 days after receiving the rejection notice from the Trademark Office, so the earlier materials shall be submitted first.

Step 2: Supplement the evidence materials of trademark use.

1. Supplementary materials: within three months after the submission of preliminary documents, the supplementary materials of trademark use evidence shall be mailed to the Trademark Review and Adjudication Board.

2. Formal acceptance and review stage: after receiving the materials, the Trademark Review and Adjudication Board will give a notice of acceptance of the rejection and reexamination of the trademark.

3. Trademark announcement: if the review considers that the reason for rejection of the trademark is insufficient, the trademark will be granted a license and announced.

After the trademark registration is rejected, whether we can do nothing can be done. We can express our objection to the rejection of the trademark through the reply to the trademark rejection. The review of trademark rejection is very troublesome. There is a time limit for the trademark rejection review. If a review is required within 15 days after receiving the notice of trademark rejection, an application for review shall be submitted to the Trademark Review and Adjudication Board, and if it exceeds 15 days, it shall be deemed to have given up automatically. Moreover, after submitting the application for rejection of reexamination, it generally takes about 1 to 1.5 years to know the reexamination result.