Conditions for reexamination of trademark rejection

(1) The applicant who rejected the trademark reexamination must be the original applicant whose trademark was rejected by the Trademark Office, and others are not eligible to apply.

(2) The application for trademark reexamination must be rejected within the statutory time limit.

(3) The content of the application for trademark reexamination shall be the accurate content in the rejected application for trademark registration, and the reasons for reexamination shall be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid.

(4) To apply for rejection of trademark reexamination, the original Notice of Trademark Rejection and two copies of the Application for Rejection of Trademark Reexamination must be submitted to the Trademark Review and Adjudication Board.

(5) Paying the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned within a time limit. After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members. If the majority of members think that the reasons for applying for reexamination are valid, they finally decide to deny the rebuttal of the Trademark Office, grant preliminary examination and issue an announcement on preliminary examination and approval of trademarks; If the reasons for applying for re-examination cannot be established, it is finally decided to maintain the rebuttal opinion of the Trademark Office without preliminary examination and approval, and then reject it. Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it.