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What should I do after the trademark registration is rejected?

The whole trademark review process is artificially operated, and the different thinking of the examiner will also be one of the reasons why the trademark is rejected. First of all, the trademark rejection review refers to the procedure that the Trademark Office rejects the applicant's application for registration on the grounds that the trademark applied for registration violates the relevant provisions of the Trademark Law. The applicant refuses to accept the rejection decision of the Trademark Office and applies to the Trademark Review and Adjudication Board for a review within the statutory time limit. In the review, he states the reasons for refusing to accept the rejection decision of the Trademark Office and requests the Trademark Review and Adjudication Board to allow him to apply for a preliminary announcement of the trademark.

The time for trademark rejection and reexamination is within 15 days from the date of receipt of the documents. Knock on the blackboard and draw the key points! Remember! 15th refers to natural day, not working day! Note: After the electronic reform of trademark online application, the date of delivery of trademark electronic words: 15 days from the date of document issuance (sent to the trademark online application system) is the date of delivery. The expiration date of the review period for rejection is: 15 days +15 days from the date when the Notice of Rejection of Trademark (Part) is issued (uploaded to the online trademark application system).

As for the time, we must remember that Intellectual Property is really afraid that we will miss the statutory time limit for review, because if we miss this part, it will be a GAMEOVER!

why was the trademark rejected? Absolute reasons include:

1. First, they are exactly the same.

2. Article 1 of the Trademark Law stipulates that:

(1) it is identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of the People's Republic of China, and it is identical with the name, logo, name of a specific place where it is located or the name and figure of a landmark building;

(2) identical with or similar to the name, national flag, national emblem and military flag of a foreign country, except with the consent of the government of that country;

(3) identical with or similar to the name, flag, emblem, etc. of an intergovernmental international organization, unless it is approved by the organization or is not easy to mislead the public;

(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;

(5) The names and symbols of the Red Cross and Red Crescent are the same or similar;

(6) ethnic discrimination;

Relative reasons include:

1. Trademark examiners will check similar trademarks artificially first.

3. lack of significance.

4. It is deceptive or harmful to social customs.

if you understand the reasons for the rejection of the trademark, you can know at a glance that it is really not that simple for the trademark to pass!

Because the number of applications for trademark registration is increasing every year, the composition of Chinese characters in China is almost saturated, and the parallel of various elements increases the registration risk, it is already very difficult to obtain a relatively satisfactory name.

are we powerless in the face of trademark rejection?

of course not! The rejection of the review mentioned at the beginning is no joke!

The Trademark Review and Adjudication Board and the Trademark Office are parallel administrative bodies, and the collegiate panel formed has the right to re-examine the rejected trademarks, thus playing the role of supervising the Trademark Office.

Are you excited that the Trademark Review and Adjudication Board is the master of your rejection review? Surprise or not?

Some suggestions on reexamination of trademark rejection:

1. The reasons for trademark rejection are meaningless

Nowadays, due to the huge number of trademarks, artificial examination will lead to imprecision. For example, if two trademarks are really not similar, they are judged to be similar. It's really miserable for the trademark applicant, so in this case, it must be reviewed. Give it a shot for your hard work.

2. The reason for trademark rejection is a big pit.

It is not uncommon for the examiners of the Trademark Office to reject subjectively "I think right is right, and I think wrong is wrong". At this time, how can you understand the "hate in your heart" if you don't argue?

Take a chestnut as an example: A customer wants to register a trademark called "Micro-friction" to be used in lubricating oil products. The reason for the rejection by the Trademark Office is that the trademark application is rejected on the grounds that it means "mini-motorcycle" and represents the object of the product. However, the actual meaning that the applicant wants to express is "minor friction". In the face of this kind of pit, review is very necessary!

3. Cross-category approximation of reasons for trademark rejection

This kind of situation is also common. Obviously, it is baby food, and it is similar to using oil products on the grounds that it is also food! The OS inside the oil product is probably the same pot. It doesn't want to recite it. The applicant naturally feels chest pain ... It must be reviewed!

4. Approximate reasons for trademark rejection

This kind of situation is the most common, and it is naturally the most common now. There are thousands of reasons for rejection. What can I do with you?

if you have been put into use in the market in large quantities and have gained wide popularity, then you must keep good use evidence and integrate it. In this case, the jury will consider the influence of market elements and brands, and the probability of successful review is still relatively high.

5. The graphic approximation of the reasons for trademark rejection

Please be prepared for reexamination in this case! Especially the original graphics, if copyright registration has been conducted, please do not hesitate to review it! Because there are huge human factors in graphic review, it shows your original idea, and there are many opportunities for a game!

The above is related to the suggestion of trademark rejection review. If you have any other questions, you can consult Intellectual Property for a detailed understanding. Trademark Rejection Review Skills Trademark Rejection Review Notes Trademark Rejection Application