The solution to a rejected trademark registration is as follows:
1. After receiving the trademark rejection notice, the applicant has fifteen days to file a review application.
2. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.
3. The applicant may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
4. During the review period, the applicant can continue to use the TM mark.
The application process for trademark registration:
1. Trademark query: Conduct a trademark query before application to ensure the uniqueness and registrability of the trademark;
2. Prepare materials: Prepare application materials according to the requirements of the Trademark Office, including trademark drawings, applicant information, product or service categories, etc.;
3. Submit application: Submit the prepared materials to the National Trademark Office or Apply online through its designated platform;
4. Formal review: The Trademark Office will conduct a formal review on the submitted materials to confirm whether they meet the application requirements;
5. Substantive review: Formal review After passing the review, it enters the substantive review stage to evaluate whether the trademark meets the registration conditions;
6. Announcement period: Trademarks that pass the review will enter the announcement period, during which the public can raise objections;
7. Registration successful: If there is no objection during the announcement period or the objection is not established, the trademark registration is successful and a registration certificate is issued.
To sum up, when a trademark registration is rejected, the applicant should submit a review application to the Trademark Review and Adjudication Board within the specified time, wait for the written decision, and if necessary, within thirty days after receiving the decision File a lawsuit with the People's Court and you can continue to use the TM mark during the review period.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 34
Rejection of application , the trademark office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.