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What information is needed for trademark reexamination, and will the process be very troublesome?
Trademark Review Trademark review means that according to Article 28 of the Regulations on the Implementation of the Trademark Law, the Trademark Review and Adjudication Board has the right to hear trademark registration review cases, trademark objection review cases and trademark revocation review cases. A case of trademark registration review refers to a case in which an applicant for trademark registration refuses to accept the decision of the Trademark Office to reject his application for trademark registration and not to make an announcement, and applies to the Trademark Review and Adjudication Board for review according to the provisions of Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board shall make a ruling according to law; A trademark objection review case refers to a case in which a party refuses to accept the trademark objection ruling of the Trademark Office and applies to the Trademark Review and Adjudication Board for review according to the provisions of Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board will hear the ruling; A trademark revocation review case refers to a case in which a party refuses to accept the decision made by the Trademark Office in accordance with the provisions of the Trademark Law on whether to voluntarily revoke a registered trademark or whether to revoke the request of not using the trademark for three consecutive years, and may apply to the Trademark Review and Adjudication Board for a review, and the Trademark Review and Adjudication Board will hear the ruling. The Trademark Review and Adjudication Board is a legal procedure for reexamination according to the reexamination request made by the party concerned who refuses to accept the decision made by the Trademark Office on trademark matters. 1. Type of trademark review: 1. Review of the parties' dissatisfaction with the rejection of the trademark registration application by the Trademark Office; 2. The party concerned refuses to accept the reexamination of the Trademark Office's rejection of the application for assignment of a registered trademark; 3. Refusing to accept the application for renewal of a registered trademark rejected by the Trademark Office; 4. Review of the parties' dissatisfaction with the ruling of the Trademark Office; 5. Examination of the cancellation of a registered trademark by the Trademark Office if the party concerned refuses to accept it; 6. Examining the improper registration of a trademark that the party refuses to accept the cancellation by the Trademark Office; Second, the time of review The applicant may request a review to the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice of rejection, ruling or revocation. If there are special reasons, you can apply for an extension before the expiration, and the extension time is 30 days, but you need to submit evidence of the extension, such as the certificate of the post office or neighborhood Committee. Prove a reasonable reason for receiving the notice of rejection, ruling or revocation late! Three. Documents and materials to be provided: 1. Power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney sealed by the applicant shall be provided. Applicants from outside the mainland who apply for trademark reexamination in China must entrust a trademark agency. 2. Various applications for re-examination: If an agency is entrusted to apply for trademark re-examination, it shall be submitted by the agency. 3. Reasons and evidence materials. Ruling on Re-examination The Trademark Review and Adjudication Board shall make a final ruling on approval or disapproval of the re-examination of rejected or objected registration, and notify the parties concerned in writing. The Trademark Review and Adjudication Board shall make a final ruling on maintaining or revoking the trademark for other review, and notify the parties concerned in writing. 2 Trademark reexamination Three types of trademark objection reexamination (1): refers to a case where a party refuses to accept the trademark objection ruling of the Trademark Office and applies to the Trademark Review and Adjudication Board for reexamination according to the provisions of Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board will hear the ruling; (2) Re-examination of trademark rejection: refers to a case in which an applicant for trademark registration refuses to accept the decision of the Trademark Office to reject his trademark registration application and not to make an announcement, and applies to the Trademark Review and Adjudication Board for re-examination in accordance with the provisions of Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board decides according to law; (3) Trademark Revocation Review: refers to a case where a party refuses to accept the decision made by the Trademark Office in accordance with the provisions of the Trademark Law on whether to voluntarily revoke a registered trademark, or whether to revoke the request for revocation of a trademark that has not been used for three consecutive years, and the Trademark Review and Adjudication Board may apply for a review and hear the ruling. 3 Please Reject Trademark Review Conditions (1) The applicant for trademark review must be the original applicant whose trademark was rejected by the Trademark Office, and others are not eligible to apply. (2) The application for trademark reexamination must be rejected within the statutory time limit. (3) The content of the application for trademark reexamination shall be the accurate content in the rejected application for trademark registration, and the reasons for reexamination shall be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid. (4) To apply for rejection of trademark re-examination, the Application for Rejection of Trademark Re-examination must be made in duplicate, together with the Application for Trademark Registration (the original rejected by the Trademark Office), 65,438+00 original trademark designs, 65,438+0 black and white ink drafts and the Notice of Trademark Rejection, and submitted to the Trademark Review and Adjudication Board. (5) Paying the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned within a time limit. After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members. If the majority of members think that the reasons for applying for reexamination are valid, they finally decide to deny the rebuttal of the Trademark Office, grant preliminary examination and issue an announcement on preliminary examination and approval of trademarks; If the reasons for applying for re-examination cannot be established, it is finally decided to maintain the rebuttal opinion of the Trademark Office without preliminary examination and approval, and then reject it. Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it. [1] Trademark Registration Data Trademark Reexamination