It can be used, but it is not protected by law and may constitute infringement. If a trademark is rejected and a trademark rejection review is filed, the trademark rejection review is as follows:

The conditions are met

( 1) The applicant for review of a rejected trademark must be the original applicant for a trademark rejected by the Trademark Office. Others are not eligible to apply.

(2) To reject a trademark review application, it must be submitted within the statutory time limit.

(3) The content of the rejected trademark review application must be the exact content of the rejected trademark registration application, and the reason for the review must be based on the reasons for the rejection by the Trademark Office. Otherwise, the review application will be deemed invalid.

(4) To apply for rejection of trademark review, the original "Notice of Trademark Rejection" and two copies of the "Application for Rejection of Trademark Review" must be sent to the Trademark Review and Adjudication Board.

(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 rebuttal opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reexamination application reasons are untenable, the final decision will be to uphold the Trademark Office's rebuttal opinion and not approve the application. Preliminary review and then rejection. 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.

Function: The Trademark Office’s review conclusion on a registration application is related to whether a trademark can be approved for registration, and to a certain extent, affects whether the trademark right can be established.

However, although the Trademark Office has strict examination procedures and standards, the registration examination of each trademark application is completed through the independent work of each examiner. Since different examiners have different professional scopes and There are individual differences in knowledge and work experience, and the review work will inevitably be affected by subjective factors. For the same type of case, different examiners may reach completely opposite judgments. It is precisely because of the existence of such factors that it is impossible for the examiners of the Trademark Office to ensure that their judgments fully comply with the provisions of the law during the substantive examination, or that defects in their work will inevitably occur. In particular, due to the particularity of individual cases such as the review of trademark registration applications, it is impossible for applicants to fully reflect the objective circumstances of their applications in their applications. Only after they are rejected can they have the opportunity to fully provide them to the trademark review and review authority. Therefore, the quality of the examination work directly affects the quality of trademark registration and is also directly related to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law sets up a relief procedure for rejection review.

The importance of review

By submitting a review to the Trademark Review and Adjudication Board, you will have one more opportunity to communicate and reason, and you can effectively obtain a trademark use certificate. At the same time, many trademarks have been marked with "TM" for many years. Applying for a trademark rejection review, once successful, can change the development destiny of a company, and prevent your creativity or huge investment in the brand from going to waste.

Materials for review

1. Copy of corporate business license (with official seal)

2. Trademark conception and use (mainly highlighting visibility)

3. Company profile

4. Various honors received by the company

5. The company's sales, advertising expenses and related financial conditions in the past three years.

6. Originals and copies of corporate media reports or picture advertisements

7. Originals and copies of the appearance of the products sold by the company

8. Others that can prove the company's products and famous evidence and materials

9. Documents proving the earliest use of this trademark

10. The applicant needs to classify and number the evidence materials submitted one by one and make a catalog list. The source of the evidence and the specific facts to be proved should be briefly described and stamped with the official seal.

Things to note when reviewing trademark rejection

According to the relevant provisions of the Trademark Law of the People’s Republic of China and its Implementing Rules:

1. If the trademark review application is sent and received by mail, the calculation of the 15-day review time limit shall be based on the postmark date of receipt of the letter and the date of issuance of the letter by the local post office as the date of receipt and issue by the party concerned; the postmark is unclear or missing If the application is postmarked, the date marked by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be postponed for 20 days as the date of receipt by the party, or the date received by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) Twenty days back to the date of the trademark review application shall be deemed as the date of issuance by the party concerned.

When the party or trademark agency submits the trademark review document, it should provide the envelope mailed by the Trademark Office in order to calculate the date on which the party received the rejection notice from the Trademark Office.

2. For Madrid international registered trademark review applications, *** the review time limit starts from the date marked on the rejection notice issued by the International Bureau. If the date of issuance of the document by the International Bureau cannot be provided, the date shall be calculated from the date marked on the trademark rejection notice issued by the Trademark Office to the International Bureau.

Window Zero is a company registered with the National Trademark Office and has a professional trademark agent

3. The parties concerned shall apply for trademark review within the time limit specified by law. Due to force majeure or other legitimate reasons, you can apply for an extension of 30 days before expiration. However, the extension fee shall be paid by the applicant. The extension application shall be submitted within 15 days from the date of receipt of the rejection notice from the Trademark Office, and the extension period shall be calculated from the 16th day.

4. Since the time limit review of the extension application can only be carried out when the reexamination application is received, the Trademark Review and Adjudication Board will not conduct a time limit review when receiving the extension application, but will wait until the formal reexamination is received. Documents will be reviewed together with a time limit. If the legal time limit is exceeded, the Trademark Review and Adjudication Board will not accept the application and notify the party or agent in writing.

Legal Basis

Article 32 of the "Trademark Law" For a trademark that rejects the application and refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.