The trademark was rejected, and the cited trademark was not renewed but did not pass the protection period. Is review useful? How to write the reasons for the review?
In this case, the review can be rejected. Article 50 of the Trademark Law stipulates that a registered trademark shall not be renewed after its expiration. Within one year from the date of cancellation, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to the trademark. The procedure for rejecting the reexamination is generally six months or longer. Therefore, in the reexamination stage, it can be directly claimed that the two trademarks do not constitute similarity, and the period of exclusive right to use the cited trademark will expire one year soon. That is to say, the trademark application can be initially examined and approved by delaying the reexamination until the cited trademark is not renewed for one year.