For many start-up companies, trademark registration is not always smooth sailing. Many companies will face many problems during the process of registering trademarks, among which trademark registration rejection is a common problem. . Can I reapply for a trademark after it is rejected? Next, Intellectual Property will talk about this issue for you!
Article 34 of my country’s Trademark Law stipulates: “If an applicant for trademark registration is dissatisfied with the rejection of the application and the refusal to announce it, he may submit it to the Trademark Review and Adjudication Committee within fifteen days from the date of receipt of the notice. "The committee applies for review." That is to say, procedurally, all trademark applications rejected by the Trademark Office can apply to the Trademark Review and Adjudication Board for trademark rejection review and request a new ruling, which is equivalent to giving all those who have been sentenced to "death". Trademark a chance for rebirth.
1. For a trademark that fails to pass the substantive examination and is rejected, if there is no rejection review, the trademark will be invalid and the application process will end. If the trademark is rejected for review, wait for the next step.
2. The Trademark Review and Adjudication Board decides and the trademark review application is submitted to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will review the trademark and make a review decision. The trademark that passes the review will be preliminarily reviewed and announced. The procedure is the same as above. Procedures after the preliminary announcement.
3. For a trademark that fails the review, the applicant can file an administrative lawsuit with the Intermediate People’s Court. The defendant is the Trademark Review and Adjudication Board, and the court will judge whether the trademark can pass the substantive review. Step 4: The Intermediate People's Court is the People's Court of first instance. If they are dissatisfied with the judgment of the People's Court of first instance, both the original and defendant parties can appeal to the People's Court for a final ruling.
The above is about whether a trademark can be re-applied after it is rejected? Related content, if you want to know more information and knowledge about trademark registration and transfer, you can follow Bajie for consultation. How to write a trademark rejection review, and what is the process for a trademark rejection review? Everyone should carefully identify the circumstances of the rejected trademarks and pick out those trademarks that have the opportunity to be "resurrected". If you are not sure whether your trademark can still be "resurrected" through rejection review, then you can also consult with your experience. Rich trademark agency. If you need trademark design, purchase or sale of trademarks, you can go to Intellectual Property for processing and consultation.