What are the steps of trademark rejection review? Xiaobian shares the process of trademark review with everyone, welcome to read, for reference only!

how to apply for and decide on trademark rejection review?

an application for trademark re-examination rejected by the Trademark Review and Adjudication Board will be reviewed and ruled in accordance with the Trademark Law, the Regulations for the Implementation of the Trademark Law and the Trademark Review and Adjudication Rules. If the Trademark Review and Adjudication Board considers that the reasons for the rejection of the Trademark Office are not valid during the review, it shall make a ruling to revoke the rejection of the Trademark Office, approve the preliminary examination and announcement of the reexamined trademark, and hand it over to the Trademark Office for relevant examination and announcement; If the Trademark Review and Adjudication Board considers that the reasons for the rejection of the Trademark Office are valid, it shall make a ruling to reject the re-examined trademark. If the trademark applicant is not satisfied with the ruling of the Trademark Review and Adjudication Board, he may, according to the provisions of paragraph 2 of Article 32 of the Trademark Law, bring a suit in court within 3 days from the date of receiving the notice of ruling.

what are the trademark rejection review processes?

The application for reexamination of trademark rejection shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules.

1. Applicant qualification: It must be the original applicant whose trademark registration application was rejected by the Trademark Office.

2. Time limit for application: The applicant for trademark registration shall apply for reexamination within 15 days from the date of receiving the Notice of Trademark Refutation from the Trademark Office. In case of delay due to irresistible reasons or other justified reasons, an application for extension of 3 days may be made before the expiration of the period, and whether to grant the extension shall be decided by the Trademark Review and Adjudication Board.

3. Documents to apply for re-examination:

(1) The applicant shall submit an Application for Re-examination of Rejecting the Application for Trademark Registration to the Trademark Review and Adjudication Board (the applicant shall fill in the application carefully, especially fill in sufficient reasons for re-examination);

(2) Attached at the same time: stamped with the Trademark Office? Rejected? Original application for trademark registration with seal;

(3) the original Notice of Refutation of Trademark;

(4) trademark designs (1 original designs);

(5) An envelope sent by the Trademark Office to inform the trademark refutation (used to determine whether the reexamination is filed within the prescribed time limit);

(6) Other relevant certification materials and physical evidence;

(7) If the applicant needs to supplement relevant evidential materials after filing an application for review, it shall make a statement in the application form, and submit the same number of evidential materials as the application form within 3 months from the date of submitting the application form; If it is not stated in the application or not submitted at the expiration of the time limit, it shall be deemed as giving up the relevant evidence materials;

(8) other requirements: the trademarks, goods/services and other contents in the original Application for Trademark Registration cannot be changed.

4. review fee: those who apply for review should pay the application fee for trademark rejection review, and the current fee standard is 1,5 yuan per application.

5. 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.

6. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but it needs to be corrected, it may make corrections within a time limit; If no correction is made within the time limit, it will not be accepted, the applicant will be notified in writing and all the application documents will be returned.

what are the types of trademark reexamination?

1. review of the refusal of the trademark office to accept the application for trademark registration;

2. review of the refusal of the trademark office to accept the application for transfer of a registered trademark;

3. The application that the party refuses to accept the rejection of the application for renewal of a registered trademark by the Trademark Office

4. The review that the party refuses to accept the objection ruling of the Trademark Office;

5. Review of the parties' dissatisfaction with the cancellation of the registered trademark by the Trademark Office;

6. review of the parties' dissatisfaction with the cancellation of the improperly registered trademark by the Trademark Office;

what is the procedure of trademark reexamination?

trademark review includes trademark objection review, trademark rejection review and trademark cancellation review.

Re-examination of trademark rejection: The Trademark Office shall notify the applicant for trademark registration in writing of the trademark rejected and 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, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. 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.

trademark objection review: if an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing. If a party refuses to accept the ruling 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. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party.

Re-examination of the cancellation of a registered trademark: If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for re-examination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board will make a decision and notify the applicant in writing. 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. If the party concerned does not apply for reexamination of the ruling made by the Trademark Office within the statutory time limit or does not bring a suit in a people's court against the ruling made by the Trademark Review and Adjudication Board, the ruling will take effect.

the above is the process of trademark reexamination provided by xiaobian, and I hope it can help you.

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