Legal analysis: The process of trademark re-examination is as follows:
The applicant shall submit an Application for Re-examination of Rejection of Trademark Registration to the Trademark Review and Adjudication Board, together with the original application for trademark registration stamped with the "Rejection" seal of the Trademark Office, the original notice of trademark refutation, the trademark pattern, the envelope of the notice of trademark refutation sent by the Trademark Office, other relevant supporting materials and physical evidence. If the applicant needs to supplement the relevant evidential materials after submitting the application for review, it shall make a statement in the application form, and submit the same number of evidential materials as the application form within 3 months from the date of submission of the application form. If it is declared in the application form or it is not submitted at the expiration of the time limit, it shall be deemed as giving up supplementing the relevant evidential materials.
If the Trademark Review and Adjudication Board finds that it meets the statutory acceptance conditions within 3 days from the date of receiving the Application for Rejection of Trademark Registration, it shall accept it and notify the applicant in writing; That does not meet the statutory conditions, notify the applicant in writing not to accept, and explain the reasons. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but it needs to be corrected, it may make corrections within a time limit; If no correction is made within the time limit, it will not be accepted, the applicant will be notified in writing and all the application documents will be returned.
legal basis: article 37 of the trademark law of the people's Republic of China shall examine the application for trademark registration and trademark re-examination in time.
Regulations for the Implementation of the Trademark Law of the People's Republic of China
Article 49 Where an application for cancellation of an internationally registered trademark is made in accordance with the provisions of the second paragraph of Article 49 of the Trademark Law, an application shall be filed with the Trademark Office three years after the expiration of the time limit for rejecting the application for international registration of the trademark; If the time limit for rejection expires, it is still in the process of rejecting the review or objection, it shall file an application with the Trademark Office three years after the effective date of the decision to approve the registration made by the Trademark Office or the Trademark Review and Adjudication Board. In accordance with the provisions of the first paragraph of Article 44 of the Trademark Law, an application for declaring an international registered trademark invalid shall be filed with the Trademark Review and Adjudication Board after the expiration of the time limit for rejecting the application for international registration of the trademark; If the time limit for rejection expires, it is still in the process of rejecting the review or objection, it shall apply to the Trademark Review and Adjudication Board after the decision to approve the registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect. In accordance with the provisions of the first paragraph of Article 45 of the Trademark Law, an application for declaring an international registered trademark invalid shall be filed with the Trademark Review and Adjudication Board within five years from the date of the expiration of the time limit for rejecting the application for international registration of the trademark; If the time limit for rejection expires, it is still in the process of rejecting the review or objection, it shall file an application with the Trademark Review and Adjudication Board within 5 years from the date when the decision to approve the registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.
article 52 the trademark review and adjudication board, when trying a retrial case that refuses to accept the decision of the trademark office to reject the application for trademark registration, shall try the case according to the rejection decision of the trademark office, the facts, reasons, requests and factual status of the applicant's application for retrial. When the Trademark Review and Adjudication Board hears a retrial case that refuses to accept the decision of the Trademark Office to reject the application for trademark registration, and finds that the trademark applied for registration violates the provisions of Articles 1, 11, 12 and paragraph 1 of Article 16 of the Trademark Law, and the Trademark Office has not made a rejection decision in accordance with the above provisions, it may make a reconsideration decision to reject the application in accordance with the above provisions. The Trademark Review and Adjudication Board shall listen to the opinions of the applicant before making a reexamination decision.
article 53 the trademark review and adjudication board, when trying a retrial case against the trademark office's decision not to register, shall try the case against the trademark office's decision not to register, the facts, reasons and requests of the applicant for retrial and the opinions put forward by the original objector. The Trademark Review and Adjudication Board shall notify the original objector to participate in the trial of a retrial case that refuses to accept the decision of the Trademark Office not to register, and make comments. If the opinions of the original dissenter have a substantial impact on the trial results of the case, they can be used as the basis for evaluation; If the original dissenter does not participate or make comments, it will not affect the trial of the case.
article 55 the trademark review and adjudication board shall hear a retrial case against the trademark office's decision to declare a registered trademark invalid in accordance with the provisions of paragraph 1 of article 44 of the trademark law, and shall try the case according to the decision of the trademark office and the facts, reasons and requests of the applicant for retrial.
article 56 the trademark review and adjudication board, when trying a retrial case against the trademark office's decision to revoke or maintain a registered trademark in accordance with article 49 of the trademark law, shall try the case according to the facts, reasons and requests on which the trademark office made the decision to revoke or maintain a registered trademark and the parties applied for retrial.
article 57 to apply for trademark review and adjudication, an application shall be submitted to the trademark review and adjudication board, and the corresponding number of copies shall be submitted according to the number of the other party; Where an application for reexamination is made based on the written decision of the Trademark Office, a copy of the written decision of the Trademark Office shall also be attached. After receiving the application, the Trademark Review and Adjudication Board shall accept it if it meets the acceptance conditions after examination; Do not meet the conditions for acceptance, shall not be accepted, notify the applicant in writing and explain the reasons; If it is necessary to make corrections, the applicant shall be notified to make corrections within 3 days from the date of receiving the notice. If it still does not meet the requirements after correction, the Trademark Review and Adjudication Board will not accept it and notify the applicant in writing and explain the reasons; If no correction is made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing. After accepting the application for trademark review, the Trademark Review and Adjudication Board shall reject it if it finds that it does not meet the acceptance conditions, notify the applicant in writing and explain the reasons.