FAQs on Alibaba Cloud's Trademark Refusal Review and Trademark Rejection

AliCloud's trademark registration will be rejected. In order to help users achieve better business, the official also provided AliCloud's rejection review. Improve the application success rate and respond quickly through review. A specially assigned person will analyze the rejection decision and focus on formulating a review plan. In this article, Mr. Wei will explain Alibaba Cloud's trademark rejection review in detail and answer frequently asked questions about trademark rejection.

With the development of the times, the importance of registered trademarks has become increasingly prominent. Because they are protected by law, Lao Wei hopes that everyone must pay attention to them. For the importance of trademark registration, see On the Importance of Trademark Registration from the First Place of Old Beijing Tripe 。

1、 What is Alibaba Cloud trademark rejection review

According to the provisions of the Trademark Law, if the trademark applicant is not satisfied with the decision of rejection (including partial rejection) made by the Trademark Office, he may apply to the Trademark Office (the original Trademark Rejection Reexamination Committee, which has now been cancelled and incorporated into the Trademark Office) for rejection of reexamination. The Trademark Office shall, according to the reexamination application documents, To examine and make a decision on whether to reexamine the registration of a trademark.

2、 Answer to trademark rejection question

1. What is trademark rejection/partial rejection

The rejection/partial rejection of the trademark is one of the results of the Trademark Office's examination of the trademark registration application, that is, if the Trademark Office considers that the applied trademark does not conform to the relevant provisions of the Trademark Law or is identical or similar to the trademark registered or preliminarily approved by others on the same or similar goods, it makes a decision to reject the application and not publish it.

2. Whether to refund the application fee after the trademark application is rejected

After the trademark application is rejected by the Trademark Office, the trademark application fee paid at the time of trademark registration application will not be refunded.
At present, except for a few trademark application agency businesses involving rejection of refunds, general trademark application agency businesses do not refund official fees and agency fees.
Alibaba Cloud's "warranty registration application" is a product that rejects the refund. If the trademark is rejected (in whole or in part), the application fee and agency fee will be refunded.

3. Whether trademark rejection/partial rejection can be appealed

If you are not satisfied with the rejection/partial rejection decision made by the Trademark Office, you can apply for reexamination to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce in accordance with Article 34 of the Trademark Law.

4. Consequences after rejection or partial rejection of trademark application

After the application for trademark is rejected, if it is not submitted for reexamination within the time limit, the trademark application is invalid. When using the applied trademark, attention should be paid to legal risks.
After the application trademark is partially rejected, if it does not file for reexamination within the time limit, the Trademark Office will delete the rejected part and make a preliminary examination and announcement of the approved part.

5. Time for rejecting the request for reexamination

Practical operation: At this stage, the time limit for lawyers or trademark agencies to grasp is: the agency can put forward within 30 days after receiving the notice of rejection. Legal provisions: According to Article 34 of the Trademark Law, the trademark review shall be applied to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receiving the notice of rejection/partial rejection.

6. Concept of trademark division

According to the provisions of Article 21 of the Regulations for the Implementation of the Trademark Law, if the Trademark Office rejects an application for trademark registration on some designated goods, the applicant may divide the part of the application preliminarily examined into another application. The divided application retains the application date of the original application, and the new divided application generates a new application number before entering the preliminary examination and publication process.

7. Functions, advantages and disadvantages of trademark segmentation

According to the practical operation experience, when the applicant applies for reexamination of partial rejection, the application for division can make the preliminary approval announcement for the part that has passed, and the application for reexamination for the part that has not passed.
Advantages: the approved part can enter the preliminary examination and approval announcement as soon as possible, without waiting for the completion of the case of rejection for review (the review time is about 9-12 months) before the preliminary examination and approval announcement.
Disadvantages: After the trademark is divided, if the re examined part is approved for registration, one trademark application will be changed into two trademarks, and the cost of the applicant for trademark maintenance will also be doubled. If the trademark is changed or renewed, the cost of change and renewal needs to be paid separately for the two divided trademarks.

8. If the trademark application is partially rejected, will it be completely rejected if the division is not proposed

It will not be rejected completely.
After the trademark application is partially rejected by the Trademark Office, if the applicant does not file an application for reexamination, the Trademark Office will delete the part of the trademark application that has not passed the examination, and the part that has passed the examination will be preliminarily approved and announced.

9. How to propose trademark segmentation

When the applicant applies for rejection of the reexamination application, he/she can request the reexamination agency to apply for division, and the reexamination agency will assist you in applying for division.