Reexamination of a rejected trademark refers to the review and deliberation of the original trademark registration application that has been rejected by the Trademark Office by the Trademark Review and Adjudication Board.

As for the results of trademark examination, the laws of various countries have stipulated strict examination procedures. my country’s Trademark Law stipulates a two-instance and final review system. The first instance is reviewed by the Trademark Office. The Trademark Office believed that the substance of the applicant’s trademark registration application did not comply with the provisions of the Trademark Law and issued a notice rejecting the trademark application. If the applicant has no objections to the Trademark Office’s reasons for rejecting the application and the cited legal provisions, the Trademark Office’s review will be concluded. If the applicant is dissatisfied with the reasons and legal basis for rejection by the Trademark Office, he or she can apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review. This is the second and final review.

Rejection of trademark review must meet the following formal requirements:

(1) Applicant. According to the provisions of Article 21 of the Trademark Law, if the applicant is dissatisfied with the rejection decision, he may apply for review. Therefore, the applicant for a rejected trademark review must be the original applicant for the trademark that was rejected by the Trademark Office. Others are not eligible to apply.

(2) Application time limit. Rejection of a trademark review application must be made within the statutory time limit. Article 21 of the Trademark Law stipulates that a rejection of a trademark review application can be made within 15 days from the date of receipt of the notice. If the last day is a holiday, it shall be limited to the first day of work after the holiday. At the same time, Article 46 of the Implementing Rules of the Trademark Law stipulates that if the applicant is unable to submit an application within the 15-day deadline due to force majeure or other legitimate reasons, he may apply for a 30-day extension before the expiration of the time limit. Whether it is approved or not will be determined by the trademark review The committee decides. An extension application must pay a certain extension application fee.

(3) Application content. The content of the rejected trademark review application must be the exact content of the rejected trademark registration, including the trademark's text, graphics, and designated goods, and no changes are allowed. If any changes are made, the application will be deemed invalid. The reason for reexamination must be based on the reasons for rejection by the Trademark Office, and relevant evidence may also be attached.

(4) Application procedures. According to the provisions of Article 17 of the Implementing Rules of the Trademark Law, send a copy of the "Application for Rejection of Trademark Review" to the Trademark Review and Adjudication Board, along with the "Application for Trademark Registration" (original rejection by the Trademark Office), 10 copies of the original trademark drawings, black and white An ink manuscript and a rejection notice.

(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 original motion to reject the trademark, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reasons for the reexamination application are not valid, the final decision will be to uphold the Trademark Office's original motion to reject the trademark and not It was initially reviewed and then rejected. 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. Trademark Law