Trademark review refers to: According to Article 28 of the Implementing Regulations of the Trademark Law, the Trademark Review and Adjudication Board has the power to hear trademark registration review cases, trademark opposition review cases and trademark cancellation review cases.

Trademark reexamination is a legal procedure in which the Trademark Review and Adjudication Board re-examines the request for reexamination by the Trademark Review and Adjudication Board when a party is dissatisfied with the Trademark Office’s decision on trademark-related matters. Types of trademark review:

1. Review where a party is dissatisfied with the Trademark Office’s rejection of a trademark registration application;

2. Review where a party is dissatisfied with the Trademark Office’s rejection of a registered trademark transfer application;

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3. An application filed by a party dissatisfied with the Trademark Office’s rejection of the application for renewal of a registered trademark;

4. A review filed by a party dissatisfied with the Trademark Office’s objection ruling;

5. Review of the objection to the Trademark Office’s cancellation of a registered trademark;

6. Review of the party’s objection to the cancellation of an improperly registered trademark by the Trademark Office; review time

The applicant can receive the rejection notice , request the Trademark Review and Adjudication Board for review within fifteen days from the date of the ruling notice or the cancellation notice. If there are special reasons, you can apply for an extension before expiration. The extension time is 30 days, but you need to submit evidence of the extension, such as a certificate from the post office or neighborhood committee. Reasonable reasons to prove the late receipt of the rejection notice, ruling notice or revocation notice! Documents and materials required:

1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, A power of attorney stamped with the applicant's seal is required. Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.

2. Various types of reexamination applications: If an agency is entrusted to apply for trademark reexamination, the agency will prepare it.

3. Ruling on the review of reasons and evidence materials

The Trademark Review and Adjudication Board will make a final ruling on approval or disapproval of registration for registration rejection review or objection review, and will notify the relevant parties in writing party.

The Trademark Review and Adjudication Board will make a final decision to maintain or revoke the trademark for other reviews and notify the relevant parties in writing. How to handle the rejection of trademark review, and what are the techniques for handling the rejection of trademark review?

1. Analysis of the reasons why the trademark application for registration was rejected

The Trademark Office rejected the trademark application for registration because of the following reasons: There are many aspects. It may be because the trademark applied for registration by the applicant is not distinctive; it may be based on the fact that the trademark applied for registration by the applicant infringes upon the prior rights of others; it may be based on the fact that the trademark applied for registration by the applicant is identical or similar to other registered trademarks, etc. For a company that has been operating a brand for many years, if the trademark application cannot be registered, the blow to the company is often fatal. Therefore, when an enterprise receives a trademark rejection notice mailed from the Trademark Office, the first thing it must do is to carefully analyze the reasons for the rejection of the trademark, then consider whether there is room for reversal, and then make a decision whether to initiate a reexamination.

2. Search for legal basis

When you are sure that the reasons for rejection stated in the trademark rejection notice are not valid, and you still want to obtain the exclusive right to trademark, you should actively prepare to submit the application to the review committee File for review. When filing a reexamination, the relevant legal basis must be the fulcrum, and it should be as detailed as the detailed information of the trademark applied for registration, the registration situation of the cited trademark, the facts and reasons for rejecting the reexamination application, the judgment of the distinctiveness of the trademark, the judgment of the similarity of the trademarks, etc. You can refer to "Trademark Law", "Trademark Implementation Regulations", "Interpretations on Civil Trademark Disputes", "Trademark Review Rules" and other relevant provisions of laws and regulations.

3. Prepare evidence materials

Applicants applying to the Trademark Review and Adjudication Board must submit corresponding evidence materials. The applicant shall classify and number the evidence materials submitted one by one and make a catalog list. The applicant shall briefly explain the sources of the evidence materials and the specific facts proved, and sign and seal them. Evidence includes documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of parties, appraisal conclusions, etc. If the party provides documentary evidence to the Trademark Review and Adjudication Board, it shall provide the original document, including the original, original and copy.

If it is really difficult to provide the original document, you can provide a copy, photo, or excerpt that is verified to be correct with the original document; if you provide a copy, photocopy, or transcript of the original documentary document kept by the relevant department, the source must be indicated and verified by the department. Just stamp it with his seal.

In a trademark review case where an application for registration is rejected, the required evidence includes evidence proving the applicant’s subject qualifications; evidence proving that the applicant filed a review within the statutory time limit; proving that the applicant’s application for registration of the trademark was rejected Evidence; evidence proving that the trademark applied for registration by the applicant is not identical or similar to the cited trademark; evidence proving that the trademark registered by the applicant is distinctive; other required evidence. The preparation of evidence materials should be as complete as possible to prove that the trademark applied for registration can enable the relevant public to distinguish the source of the goods or services during actual use, and the trademark applied for registration has strong distinctiveness.

IV. Issues that should be paid attention to when filing a reexamination

First, the applicant should apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice of trademark rejection, so it must Pay attention to the time stamped by the local post office on the envelope of the trademark rejection notice mailed from the Trademark Office. If the applicant entrusts a trademark agency, the document will be deemed to have been served on the applicant if it is delivered to the trademark agency. The date of the documents or materials submitted by the applicant to the Trademark Review and Adjudication Board. If submitted directly, the date of submission shall prevail; if the date of submission is by mail, the date of the postmark shall prevail; if the postmark date is unclear or there is no postmark, the date of submission shall prevail. The date of receipt shall prevail. Therefore, when applicants mail their documents, they must ensure that the date stamped by the post office is the date of the mailing day and is clear enough.

Second, regarding the judgment of the distinctiveness of the applicant’s trademark. The applicant should submit sufficient evidence to prove that the applied trademark has acquired a specific meaning beyond words or graphics through actual use, has strong distinctiveness, and has the effect of enabling the relevant public to distinguish the source of goods or services.

Third, regarding the judgment of trademark similarity. The applicant must fully comply with the provisions of the current law and fully demonstrate that there is no similarity between the applied trademark and the cited trademark from the glyph, pronunciation, meaning of the characters or the composition and color of the graphics, or the overall structure of the combination of various elements. The applicant can also provide evidence to prove that the actual use of the applied trademark has not caused the relevant public to misunderstand the source of the goods or services, thereby further demonstrating that the applied trademark and the cited trademark are not similar.

5. Summary

Whether a brand that has been in operation for many years or has been recognized by the relevant public can obtain trademark registration is very important to any enterprise. To some extent, it even determines a company’s market share. Therefore, enterprises should pay great attention to the issue of review of rejected applications for registered trademarks. The filing of a trademark review is a very professional matter, and should not be taken for granted or handled casually.

The above is what the editor provides you with what is trademark review. I hope it can be helpful to everyone. Trademark review