In recent years, with the increase in the number of trademark applications, it is also common for trademark registration applications to be rejected. We all know that the process of trademark application is very complicated and takes a long time. What should I do if the trademark application is rejected? What are the procedures for the rejected application for reexamination? Recently, many people have asked Biaomei about the rejection of trademarks.

It is a right of the trademark applicant to apply for trademark rejection review, and the possibility of successful rejection review is because the trademark rejection was made by the Trademark Office, but the application for trademark rejection was made to the Trademark Review and Adjudication Board, and the review standards of the two are slightly different:

1. The trademark office reviews according to the submitted materials (one examiner), without considering the actual use of the trademark; And if the reasons for rejecting the re-examination involve the actual use of the trademark, the Trademark Review and Adjudication Board (usually a three-member panel) will consider it. In judging whether a registered trademark is similar, the Trademark Review and Adjudication Board considers more comprehensive aspects.

2. Subjectivity of trademark examination. The results obtained by different examiners may be completely different. The Trademark Office's examination by one person is subjective, and different people have different opinions. The same trademark, some people think it is similar, others think it is not similar. The Trademark Review and Adjudication Board is a collegiate panel of three people, which emphasizes facts and evidence, and its success rate can be imagined.

what are the procedures for applying for reexamination when an application for trademark registration is rejected?

according to the provisions of China's trademark law, there is no provision on what materials the applicant needs to submit when applying for reexamination, but it is generally the proof of objection to the rejection decision.

Relevant legal knowledge

Trademark Law of the People's Republic of China

Article 3 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is the same as or similar to a trademark already registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not announce it.

article 31 where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and approved and announced; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

article 34 the trademark office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and which will not be announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice.

The above is about the application for trademark registration being rejected. What are the procedures for applying for re-examination? As the external image of an enterprise, a trademark not only represents the culture of this enterprise, but also represents a kind of consumption consciousness and brand effect. Different people have different understandings of trademarks. For trademark registration applications, it is of course a one-time pass, and it is best not to make mistakes. If you need to register a trademark, please consult intellectual property rights. Trademark rejection application for trademark registration