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What's the matter with no trademark registration review?
Original objection review procedure: Article 33 of the Trademark Law of People's Republic of China (PRC) (200 1 Revision) raises an objection to a trademark that has been preliminarily examined and announced, and the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party. Once the objection application is supported and the trademark applicant files an objection review, the dissenter can "defend" in the objection review procedure, and it is necessary for the dissenter to actively participate in the objection review procedure. 1. Description and proof of facts and reasons; (2) Submit new evidence for the objections supported by the Trademark Office; (3) Other reasons advocated in the objection procedure but not used as the basis for the Trademark Office's ruling; ④ Reasons and evidence not claimed in the objection procedure. -The objection review procedure has little connection with the objection procedure, but the Trademark Review and Adjudication Board needs to consider the materials of the objection procedure (especially if the respondent fails to reply and provide evidence). At present, in the review procedure of not registering, the Trademark Office decides not to register in the third paragraph of Article 35 of the Trademark Law of People's Republic of China (PRC) (revised 20 13). If the objector refuses to accept the decision, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party. In fact, opponents have been deprived of the right to reply and appeal and can only express their opinions. Paragraph 2 of Article 21 of the Trademark Review and Adjudication Rules (revised on 20 14) When the Trademark Review and Adjudication Board hears a reexamination case that refuses to accept the decision of the Trademark Office not to register, it shall notify the original objector to participate and make comments. The title of this book is "Opinions of the Original Dissident on Not Registering for Review". There are several questions here-but even if the Trademark Review and Adjudication Board doesn't adopt them, it has no right to appeal: ① Can the dissenter submit new evidence on the objections supported by the Trademark Office? (2) Can the objector claim other reasons that were claimed in the objection procedure but not ruled by the Trademark Office? (3) Can the objector put forward the reasons and evidence that are not advocated in the objection procedure? Therefore, the dissident actually became a guest in the process of refusing to register for review. Even if you lose the procedure of rejecting the registration review, you will not be subject to the restriction of non bis in idem if you file an application for rejecting the registration again (Article 19, paragraph 2, of the Trademark Review and Adjudication Rules). -If the Trademark Review and Adjudication Board denies the answer to the above question because the objector has no right to appeal, then the actual non-registration examination procedure and objection procedure will become the relationship between rejection and rejection of examination.