You can apply for review of a rejected trademark.
Conditions for applying for trademark review rejection
(1) The applicant for rejection of trademark review must be the original applicant for the 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, two copies of the "Application for Refusal of Trademark Review" must be sent to the Trademark Review and Adjudication Board, together with the "Application for Trademark Registration" (original rejection by the Trademark Office) and the original trademark drawing. Ten copies, one black and white ink manuscript and the "Notice of Trademark Rejection".
(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 reexamination application are valid, the final decision will be to deny the Trademark Office's rebuttal opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reexamination application reasons are untenable, the final decision will be to uphold the Trademark Office's rebuttal opinion and not approve the application. Preliminary review and then rejection. Once the Trademark Review and Adjudication Board's final decision is made, it will have legal effect and both the applicant and the Trademark Office must implement it.
What to do if your trademark registration application is rejected
1. Rejection of trademark registration does not mean that the trademark must not be registered and used. Rejection is only the preliminary decision of the Trademark Office. If you are not convinced by this decision You can apply to the Trademark Review and Adjudication Board for review, and those who are dissatisfied with the Trademark Review and Adjudication Board's decision can also file a lawsuit with the People's Court;
2. If the party wants to retain the rejected trademark, it should promptly file a review within fifteen days Application, and the delivery envelope that serves as evidence during the service period must be kept;
3. The reasons for rejection of trademark registration are different, and the evidence materials required for review are also different. It is recommended that the parties concerned Provide relevant evidence for the reasons for rejection.