Current location - Trademark Inquiry Complete Network - Trademark inquiry - What should I do if my application for trademark registration is rejected according to law?
What should I do if my application for trademark registration is rejected according to law?

Nowadays, more and more people are applying for trademarks, and more and more units are applying, but the pass rate is constantly declining. There is no other reason, because the number of trademark registrations has reached an astounding level. Quantity, during the process of trademark application, many companies often have some cases that do not meet the regulations and are 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 what to do if your application for trademark registration is rejected according to law?

1. Reasons why applications for registered trademarks were rejected according to law

1. Rejection due to unfavorable trademark searches. Nowadays, many trademark registration searches are completed by trademark agencies. The level of professionalism is different. 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 should I do if my application for trademark registration is rejected according to law?

The only remedy if your application for registered trademark is rejected according to law is to apply for trademark rejection review. After receiving the rejection notice, the trademark applicant can first check the rejected items and reasons for the trademark part. If it is the applicant's main project, it is recommended that you apply for a trademark rejection review to the Trademark Review and Adjudication Board in a timely manner; if the rejected part is inconsistent with the application If the types of projects operated by the applicant are very different, the applicant may choose not to review the application.

If the trademark registrant decides to apply for review, he needs to prepare relevant materials for application for rejection review within the deadline and submit them to the Trademark Review and Adjudication Board, and at the same time pay the official fee for rejection review of RMB 1,500.

After receiving the trademark rejection review application, the Trademark Review and Adjudication Board will send an acceptance notice to the applicant in about two months. The review cycle is generally about one and a half years. After the trademark rejection review process is completed, if the review is successful, the Trademark Review and Adjudication Board will transfer the review results to the Trademark Office, and then make a review announcement in accordance with the procedures. A registration certificate will be issued after no objection is raised; if the review fails, the applicant can submit the review to the Trademark Office within 30 days. Apply to the Intermediate People's Court for litigation.

3. Documents required for trademark rejection review

1. The original copy of the "Notice of Trademark Rejection".

2. A copy of the information (business license or ID card) that can prove the qualifications of the trademark applicant.

3. Copies of all relevant materials that can prove the "prominent use" of the trademark applied for by the applicant, including products, publicity, photos, contracts, etc.

4. If you need to entrust a trademark agency, you also need to submit a power of attorney for trademark review

The above is the relevant content about the application for registered trademark being rejected in accordance with the law. If there are other things, what should I do? Check whether the trademark name has been registered? If you have any questions, you can consult Intellectual Property for detailed information. Is the success rate of trademark rejection review high? Registered trademark rejection and trademark rejection review materials