How much is the general fee for trademark rejection review? Is it expensive? The editor has compiled the fees for trademark rejection review and shared them with you. Welcome to read, for reference only!
Trademark What is the fee for rejection review?
Review fee: Those applying for review should pay the trademark rejection review application fee. The current fee is 1,500 yuan per application. Within thirty days from the date of receipt of the "Application for Review of Refusal of Trademark Registration Application", if the Trademark Review and Adjudication Board determines upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; if it deems that the statutory conditions are not met, it will notify the applicant in writing. The application will not be accepted and the reasons shall be stated. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it can make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned.
Agency fee: The agency fee of each agency organization is different, usually between 3,000 and 5,000.
What to do if a trademark application is rejected
If a trademark is rejected, the Trademark Office will issue a "Notice of Trademark Rejection". The applicant should first look at the reasons for the rejection, and then consider whether Do a rejection review.
If the applicant’s trademark is rejected because it is the same as someone else’s previously applied trademark. The success rate of rejection review is almost 0. If the earlier applicant is indeed a squatter, then the objection or dispute regarding the earlier applicant’s trademark application should also be handled before a rejection review is necessary. Therefore, it is not recommended to conduct a rejection review for a trademark that has been rejected for this reason.
If the applicant’s trademark is rejected due to violation of certain mandatory regulations. It should be treated on a case-by-case basis. Since there are many trademark examiners, trademark rules have their own limitations, and examiners are also subjective, it is necessary to undergo a rejection review if some trademarks are rejected.
When it is determined that a rejection review can be conducted, a large number of similar cases should be cited. For example, if the reason for rejection is that it is distinctive, then cases where similar trademarks have been approved in multiple categories should be listed one by one, and the uniqueness and differences between the two should be explained.
What are the types of trademark review?
(1) Trademark objection review: This refers to the party concerned being dissatisfied with the Trademark Office’s trademark objection ruling and filing a petition with the Trademark Review and Adjudication Board in accordance with Article 33 of the Trademark Law. Cases that apply for review and are heard and adjudicated by the Trademark Review and Adjudication Board;
(2) Trademark rejection review: refers to a trademark registration applicant who is dissatisfied with the Trademark Office’s decision to reject his trademark registration application and not to publish it. According to the trademark Article 32 of the Law applies for a review to the Trademark Review and Adjudication Board, and the case is decided by the Trademark Review and Adjudication Board in accordance with the law;
(3) Trademark revocation review: refers to a case where the party concerned takes the initiative to initiate an action against the Trademark Office in accordance with the provisions of the Trademark Law. If a registered trademark is revoked or if a person is dissatisfied with the decision on whether to revoke a trademark that has not been used for three consecutive years, he or she may apply to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board will hear the case.
What are the conditions for trademark review?
Trademark review is a request for reexamination made by the Trademark Review and Adjudication Board in response to the party’s dissatisfaction with the Trademark Office’s decision on trademark-related matters. Legal procedures.
(1) The applicant for review of a rejected trademark must be the original applicant for a trademark rejected by the Trademark Office. Others are not eligible to apply.
(2) To reject an application for trademark review, it must be submitted within the statutory time limit.
(3) The content of the rejected trademark review application must be the exact content of the rejected trademark registration application, and the reason for the review must be based on the reasons for the rejection by the Trademark Office. Otherwise, the review application will be deemed invalid.
(4) To apply for rejection of trademark review, the original "Notice of Trademark Rejection" and two copies of the "Application for Rejection of Trademark Review" must be sent 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 will accept the application. If the procedures are not complete, the application documents will be returned and reissued within a time limit. The Trademark Review and Adjudication Board will make a final decision based on the majority opinion of the members after analysis, study, and collective discussion. If the majority of members believe that the reasons for the re-examination application are valid, the final decision will be to deny the Trademark Office's rejection opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reasons for the re-examination application are not valid, the final decision will be to uphold the Trademark Office's rejection opinion and not approve the application. Preliminary review and then rejection.
Once the final decision of the Trademark Review and Adjudication Board is made, it will have legal effect and both the applicant and the Trademark Office must implement it.
What is the role of the rejection of trademark review procedures?
The Trademark Office’s review conclusion on the registration application is related to whether a trademark can be approved for registration, and to a certain extent, affects whether the trademark rights can be establish.
However, although the Trademark Office has strict examination procedures and standards, the registration examination of each trademark application is completed through the independent work of each examiner. Since different examiners have different professional scopes and There are individual differences in knowledge and work experience, and the review work will inevitably be affected by subjective factors. For the same type of case, different examiners may reach completely opposite judgments. It is precisely because of the existence of such factors that it is impossible for the examiners of the Trademark Office to ensure that their judgments fully comply with the provisions of the law during the substantive examination, or that defects in their work will inevitably occur. In particular, due to the particularity of individual cases such as the review of trademark registration applications, it is impossible for applicants to fully reflect the objective circumstances of their applications in their applications. Only after they are rejected can they have the opportunity to fully provide them to the trademark review and review authority. Therefore, the quality of the examination work directly affects the quality of trademark registration and is also directly related to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law sets up a relief procedure for rejection review.
The above is how much the trademark rejection review fee is provided by the editor. I hope it can be helpful to everyone.
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