1, the Trademark Office reviews the materials submitted completely, and will not consider the actual use of the trademark; And if the reason for rejecting the review involves the actual use of the trademark, the commercial jury will consider it;
2. The Trademark Office and the Trademark Review and Adjudication Board have slightly different standards for judging whether trademarks are similar: the Trademark Office basically examines trademarks according to the examination standards, while the Trademark Review and Adjudication Board will comprehensively consider various factors.
Trademark rejection review refers to that the trademark applied for registration is rejected after being examined by the Trademark Office, and the applicant refuses to accept the reasons and legal basis for the rejection by the Trademark Office and applies to the Trademark Review and Adjudication Board for a review of the trademark. Due to the large number of registered trademarks in China, the most common reason at present is that they are similar to or the same as the trademarks previously applied for. In addition, it will violate the provisions of Articles 9 to 13 of the Trademark Law, mainly referring to trademarks that are inconspicuous and easy to mislead the public.
If the registered trademark is only in the preparatory stage and has not been put into practical use, you can choose to design a new trademark for registration to avoid spending a lot of manpower, material resources and financial resources on litigation.
Where a party requests to keep the rejected trademark, it shall file an application for reexamination in time within fifteen days, and the delivery envelope during the delivery as evidence must be kept.
legal ground
Article 34 of the Trademark Law of People's Republic of China (PRC) * * * The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected or not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.