Applicants have the right to submit a review application to the Trademark Review and Adjudication Board to obtain trademark registration. Reexamination applications need to be conducted in accordance with prescribed procedures and requirements to ensure the validity of the application.
First of all, there are various reasons for trademark rejection, including but not limited to the trademark being similar to an existing trademark, the trademark lacking distinctiveness, the trademark involving prohibited or sensitive content, etc. The applicant needs to carefully review the reasons for rejection in the rejection notice and understand the specific reasons for the rejection, so as to prepare a targeted review application.
When preparing a reexamination application, the applicant needs to collect evidence related to the trademark to prove the legality and registrability of the trademark. Such evidence may include a description of the trademark's design creativity, usage history, proof of popularity, etc. The applicant needs to fully demonstrate the uniqueness and distinction of the trademark, as well as its actual use in the market.
At the same time, applicants also need to carefully study the reexamination regulations and procedures of the Trademark Review and Adjudication Board to ensure the completeness and standardization of application materials. When filling out the review application form, the applicant should clearly and accurately state the reasons and requests for review, and attach relevant evidence and materials.
After submitting the reexamination application, the Trademark Review and Adjudication Board will review the application. During the review process, the committee may require the applicant to provide additional materials or conduct an oral hearing. Applicants need to actively cooperate and provide required materials or participate in the review as required.
If the reexamination application is approved, the trademark will be re-examined and may be registered. If the review application is rejected again, the applicant may also consider judicial relief, such as filing a lawsuit in court.
In summary:
When a trademark application is rejected, the applicant can seek registration of the trademark by filing a review application with the Trademark Review and Adjudication Board. When preparing a reexamination application, the applicant needs to understand the reasons for rejection, collect relevant evidence and materials, study the reexamination regulations and procedures, and actively cooperate with the review process. Through a reasonable review application, the applicant is expected to obtain the right to register the trademark.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 34 stipulates:
Yes If the application is rejected or the trademark is not 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 shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
"Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Article 28 stipulates:
The Trademark Review and Adjudication Board accepts applications based on the Third Article of the Trademark Law Trademark review applications filed under Articles 14 and 35. The Trademark Review and Adjudication Board conducts reviews based on facts and in accordance with the law.