What if the trademark application is rejected?
Where a trademark is rejected, the General Administration of Trademarks shall issue a Notice of Trademark Rejection. Applicants should first look at the reasons for rejection, and then consider whether to review the rejection.
If the trademark of the applicant is rejected because it is the same as the trademark previously applied by others. Then the success rate of dismissing retrial is almost zero. If the prior applicant is indeed registered, it shall also handle the objections or disputes of the prior applicant's trademark application, and it is necessary to reject and review it. Therefore, for the trademark rejected for this reason, it is not recommended to conduct a rejection review.
If the applicant's trademark is rejected for violating the mandatory provisions. Should be analyzed on a case-by-case basis. Because there are many trademark examiners, the trademark rules have their own limitations, and the examiners are subjective, it is necessary to reject some rejected trademarks.
When it is determined that the reexamination can be rejected, it should be possible to cite a large number of similar cases, such as obvious reasons for rejection, so it is necessary to list the cases in which similar trademarks have been approved in multiple categories one by one, and explain the differences between them.
What are the types of trademark reexamination?
Trademark objection review
Refers to a case in which a party refuses to accept the trademark objection ruling of the Trademark Office and applies to the Trademark Review and Adjudication Board for reexamination according to the provisions of Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board will hear the ruling;
Trademark rejection review
Refers to a case in which an applicant for trademark registration refuses to accept the decision of the Trademark Office to reject his application for trademark registration and not to make an announcement, and applies to the Trademark Review and Adjudication Board for reexamination in accordance with the provisions of Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board shall rule according to law;
Trademark revocation review
It refers to a case in which a party refuses to accept the decision made by the Trademark Office in accordance with the provisions of the Trademark Law on whether to cancel a registered trademark voluntarily or whether to cancel the request of not using the trademark for three consecutive years, and may apply to the Trademark Review and Adjudication Board for a review, and the Trademark Review and Adjudication Board will hear the ruling.