In practice, when applying for trademark registration, it is very common that a trademark application is rejected. There are many reasons why a trademark is rejected. Usually, the trademark is the same as or similar to other business opportunities that have been registered or passed the preliminary examination. What should I do if the trademark is partially rejected? Intellectual property brings you relevant answers.
if the part that has passed the preliminary examination and approval is your main commodity, or you want to obtain the trademark registration certificate as soon as possible, it is recommended to split it. In this way, the qualified part of the preliminary examination will enter the preliminary examination in advance, and it is not necessary to wait until the evaluation result is rejected before the preliminary examination. In this way, the trademark registration certificates of these commodities can be obtained in advance.
on the contrary, if the part that has passed the preliminary examination and approval is not the main commodity, or it is not in a hurry to get the certificate, it is recommended not to divide it. Because the division of goods or services will have the following consequences: if the goods or services are divided, your trademark will be divided into two trademark application numbers, one is the original application number and the other is A. If the refusal to review is unsuccessful, the next question will not appear. If the re-examination is successful, the original application number will be divided into two trademarks, and the cost of trademark change, trademark transfer and renewal will be doubled. These are the problems to be considered when considering the division of goods or services.
when will you consider the application for trademark division?
1. There is no re-examination and automatic division. If the applicant does not review the rejected part, the approved part of the trademark will automatically enter the preliminary examination announcement procedure without submitting any materials, but the time is relatively slow.
2. Review and apply for manual division. If the applicant decides to reject the application for re-examination and needs to obtain some trademark certificates that have been passed in advance, the sealing materials for rejecting the application for re-examination and the application for demarcation shall be submitted at the same time; After the division, the Trademark Office will generate a new application number for the separated preliminary examination and approval application and announce it. In other words, the part that has passed will enter the preliminary notification procedure in advance, and the part that has been rejected for review will enter the review stage.
3. Review, without applying for division. If the applicant wants to refute and reply to the review and does not intend to apply for division, the part of the trademark that has passed the review will not enter the announcement period of preliminary examination, but will enter the subsequent trademark registration procedure before the re-inspection result of the whole trademark comes out.
The above is what intellectual property rights bring to you about "What should I do if the trademark is partially rejected?" According to the introduction, we can know that if the trademark is partially rejected, we can choose to apply for trademark division. If you have such needs, please go to Intellectual Property for further communication with professional consultants. Trademark rejection inquiry trademark rejection review electronic declaration trademark rejection can also be used tm.