If the Trademark Review and Adjudication Board finds that it meets the statutory acceptance conditions within 3 days from the date of receiving the Application for Rejection of Trademark Registration, it shall accept it and notify the applicant in writing; That does not meet the statutory conditions, notify the applicant in writing not to accept, and explain the reasons.
what are the conditions for trademark registration?
(1) The applicant who rejected the trademark reexamination 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 contents of the application for trademark re-examination shall be the exact contents in the rejected application for trademark registration, and the reasons for re-examination shall be directed against the reasons for rejection by the Trademark Office. Otherwise, the application for re-examination will be deemed invalid.
(4) To apply for rejecting the trademark reexamination, the original Notice of Rejection of Trademark, a copy of the envelope, the power of attorney for reviewing the Application for Rejection of Trademark Reexamination, and the subject qualification certificate must be submitted to the Trademark Review and Adjudication Board.
(5) Pay the trademark review fee. If 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 for correction within a time limit. The Trademark Review and Adjudication Board makes a final decision through analysis and collective discussion, with the majority opinion of the members. If most members think that the reasons for the application for re-examination are valid, the final decision will deny the rejection of the Trademark Office, grant preliminary examination and approval, and publish the Announcement of Preliminary Examination and Approval of Trademarks; If the reasons for the application for re-examination cannot be established, it is finally decided to maintain the rejection opinion of the Trademark Office and reject the application for trademark. 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.
Legal basis
Trademark Law of the People's Republic of China
Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of a trademark whose application is rejected and its announcement is not made. 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 3 days from the date of receiving the notice.