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How long does it take to re-apply for trademark rejection?

The trademark registrant has the exclusive right to use the trademark and is protected by law. This can greatly protect corporate trademarks from infringement and corporate brand value from theft. However, businesses are often rejected when applying for trademarks. So: What are the steps to re-apply if a trademark is rejected? How long? The answer will be given below.

1. Reasons for trademark rejection:

1. Rejection due to unfavorable trademark search. Nowadays, many trademark registration inquiries are completed by trademark agencies. The professional level of trademark agencies is Differently, if you encounter an agency that is unprofessional or has little experience, the relative credibility of the query results will be very low.

2. Rejection due to violation of mandatory regulations. The trademark itself was rejected for many reasons such as lack of distinctiveness, exaggerated publicity, and adverse effects.

3. The blind period for trademark rejection caused by the blind search period is unavoidable. my country’s Trademark Law will reject trademarks that are applied for later based on the first-to-file principle.

2. What to do if a trademark is rejected?

1. Review If the applied trademark is the same as the company's trade name, then the company's registration time is earlier than the registration time of the cited trademark. According to the principle of online application, relevant evidence can be provided for legal review. Many people believe that if a trademark is rejected, it will be impossible to successfully register it. However, many trademarks are also obtained after trademark review. This means that there are certain difficulties in trademark rejection review, but there is still hope for success.

2. Partial reexamination. If the applied trademark is similar to multiple similar trademarks, you can choose to abandon some of the same or similar categories and go for reexamination. The probability of passing will be much higher.

3. Divide When some categories of all the categories of the trademark applied for review can be registered, you can first register some categories to obtain use rights, and then choose an appropriate method to review the rejected categories.

4. Submit a review of the cancellation of the third-class trademark. This method is applicable to the situation where the cited trademark application has been for three years. If the cited trademark has been registered for three years, the other party can apply for the third-class cancellation according to the category that has not been used for three years. Apply for trademark review after removal.

5. Review and re-application. If the applied trademark is a combination of pictures and text, this method can be used. If the trademark is rejected because the patterns are similar, the applicant can selectively separate the patterns and text, and then proceed with the trademark application. The application was dismissed. At the same time, similar parts will be reviewed in other ways to obtain the right to use the corresponding category.

3. Re-application after trademark rejection

In addition to re-paying the registration fee, you can also choose to reject the application for review. However, the price of rejection review is generally higher than that of registration. The decision to reject review should be based on whether the trademark is valuable to the applicant. If it is important to the applicant and has value, you can choose review.

The above is how long does it take to re-apply for trademark rejection? The answer is, if your trademark has been rejected, don’t be discouraged. Just follow the information compiled by the intellectual property rights and operate step by step. If you have other questions, you can consult Intellectual Property for more details. Is the success rate of trademark rejection review high? Registered trademark rejection