how long is the review period for trademark rejection?
If the trademark applicant receives the notice of rejection from the Trademark Review and Adjudication Board, he may, within the next fifteen days, submit the Application for Rejection of Trademark Review and Adjudication Board to request a retrial. Remember to attach the Application for Trademark Registration, Notice of Trademark Rejection and other supporting materials at the same time. If it is delayed due to external irresistible reasons or other unforeseeable reasons, the applicant can apply for an extension of another 3 days when it is about to expire and wait for the approval of the Trademark Review and Adjudication Board.
in the application for rejection of re-examination, the parties concerned should indicate their request for re-examination, and at the same time attach relevant certificates and materials for applying for trademark, and state in detail the reasons and reasons why the State Trademark Office rejected the application for registration.
1. Can a product be sold without a trademark?
1. A product can also be sold without a trademark, except for goods that must use a registered trademark according to state regulations.
2. A registered trademark can be used in production, sales and other business activities, but the user has no exclusive right to the trademark and may not prohibit others from using it.
3. It should be noted, however, that according to Article 6 of China's Trademark Law, "goods that must use registered trademarks according to state regulations must apply for trademark registration, and those that have not been approved for registration may not be sold in the market." Commodities that must use registered trademarks as stipulated by the state refer to commodities that must use registered trademarks as stipulated by laws and administrative regulations. At present, there are only two types of commodities that must use registered trademarks: drugs for human use and tobacco products.
4. If it is registered, it can't be used, and the use will constitute infringement. It is recommended to register the trademark.
II. What are the trademark infringements
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant may cause confusion;
(2) selling goods that infringe the registered trademark right;
(3) forging, making without authorization a trademark logo identical or similar to the registered trademark logo of others, or selling a forged or made without authorization logo identical or similar to the registered trademark logo of others;
(4) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;
(5) misleading the public by using marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;
(6) Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringement of trademark rights of others;
(7) using words identical with or similar to other people's registered trademarks on the same or similar goods as the name of the enterprise, or using them in other ways to highlight their identification function, which is likely to mislead the relevant public;
(8) Copying, imitating or translating a well-known trademark registered by another person or its main part for use as a trademark on different or dissimilar goods, misleading the public, and possibly damaging the interests of the registrant of the well-known trademark;
(9) registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting e-commerce of related commodities or commodity transactions through this domain name, which is likely to mislead the relevant public.
(1) causing other damage to the exclusive right to use a registered trademark of others.
legal basis
Trademark Law of the People's Republic of China
Article 6 Commodities that are required to use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.
article 51 whoever violates the provisions of article 6 of this law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit. if the illegal business amount is more than 5, yuan, a fine of less than 2% of the illegal business amount may be imposed. if there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 1, yuan may be imposed.