In recent years, no matter whether they are companies or individuals, more and more people have applied for trademarks, but the pass rate has been declining. The reason is that the number of trademark registrations has reached a staggering number. Many companies are applying for trademarks. In the process, some cases that do not meet the regulations will often be rejected. After the trademark part is rejected, the applicant can apply for reconsideration or abandon the rejected part. So how to choose? Let’s take a look at the things to note about trademark rejection review defense.
1. Pay attention to the postmark date on the email package of the rejection notice issued by the Trademark Office. The time limit for trademark rejection review and defense is calculated from the postmark date of the receipt of the email. Apply to the Trademark Review and Adjudication Board for review within 15 days. . It should be noted that the defense deadline is within fifteen days, not fifteen working days. If the last day is a holiday, the deadline will be postponed to the first working day.
2. Carefully check the reasons for rejection from the Trademark Office, and then evaluate the success rate of reexamination based on the reasons for rejection. Compare your own trademark with the trademark cited by the Trademark Office.
1. Look at the product options to see if your product category options are the same as those cited by the Trademark Office
2. Determine whether the trademark logo is the same or similar. The judgment here includes the font, pronunciation, meaning of the trademark text or the composition and color of the graphics, or the overall structure of the combination of its various elements. During the defense, you should make a statement of opinions based on the Trademark Law and Trademark Trial and Trademark Trial Standards. Each of your counterarguments needs to have a legal basis.
3. When making approximate judgments about trademarks and logos, different judgment results will occur due to different personal opinions or judgment angles. Therefore, in order to better explain the difference, you can use the product packaging box of the original company as evidence and submit it to the Trademark Review and Adjudication Board (provided that the packaging box is significantly different from the citing party’s packaging box)
4. For very expensive items, such as cars and other valuable machines, consumers will check the brand more carefully when purchasing, and generally will not misjudge the source of the product. If yours is this type of product, you can provide an explanation of this situation. This is also a factor that can be considered.
5. You can submit necessary evidence materials based on the actual situation of your company. For example, your company has done extensive advertising for this trademark or your company's products marked with this trademark have a wide market, etc. You can give an explanation. Of course, this needs to be accompanied by supporting evidence.
The above is the relevant content about the trademark rejection review defense. If you have other questions, you can consult intellectual property for more details.