What issues generally need to be paid attention to in trademark rejection review? Is there anything that should be paid attention to? I will share it with you, welcome to read, for reference only!
p>
1. If the trademark review application is sent and received by mail, the calculation of the 15-day review time limit shall be based on the postmark date of the letter received by the local post office and the postmark date of the letter issued, respectively, as the party concerned The date of receipt and issue; if the postmark is unclear or there is no postmark, the date marked on the document issued by the Trademark Office *** of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office***) shall be postponed for 20 days as the date of receipt by the party concerned, or the date of receipt by the party shall be The date on which the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ***hereinafter referred to as the Trademark Review and Adjudication Board*** receives the trademark reexamination application will be deemed to be the date of issuance by the party 20 days back.
When the party or trademark agency submits the trademark review document, it should provide the envelope mailed by the Trademark Office in order to calculate the date on which the party received the rejection notice from the Trademark Office.
2. For Madrid international registered trademark review applications, *** the review time limit starts from the date marked on the rejection notice issued by the International Bureau. If the date of issuance of the document by the International Bureau cannot be provided, the date shall be calculated from the date marked on the trademark rejection notice issued by the Trademark Office to the International Bureau.
3. The party concerned’s application for trademark review shall be handled within the time limit specified by law. Due to force majeure or other legitimate reasons, you can apply for an extension of 30 days before expiration. However, the extension fee shall be paid by the applicant. The extension application shall be submitted within 15 days from the date of receipt of the rejection notice from the Trademark Office, and the extension period shall be calculated from the 16th day.
4. Since the time limit review of the extension application can only be carried out when the reexamination application is received, the Trademark Review and Adjudication Board will not conduct a time limit review when receiving the extension application, but will wait until the formal reexamination is received. Documents will be reviewed together with a time limit. If the legal time limit is exceeded, the Trademark Review and Adjudication Board will not accept the application and notify the party or agent in writing.
What materials should be prepared for trademark rejection review?
To apply for rejection review, the following materials should be submitted:
1. Application for review of rejection of trademark registration application*** Home page ***, if you entrust an agent, you need to submit a power of attorney;
2. Rejection of trademark registration application review application ***Text style***;
3. Rejection by the Trademark Office Notice and its attachments ***original***;
Note: Specific materials to be prepared for review: photocopy of corporate legal person business license ***with official seal***; trademark concept and use ***Mainly highlight visibility***; Company profile; Various honors received by the company; Company sales, advertising expenses and related financial conditions in the past three years; Original and photocopies of corporate media reports or picture advertisements; Original appearance of the company's products sold and photocopies; other evidence and materials that can prove the company's products and popularity; and evidence of the earliest use of this trademark.
What is the procedure for trademark rejection review?
Rejection of trademark review means that after the trademark registration application has been reviewed and rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for rejection by the Trademark Office. And apply to the Trademark Review and Adjudication Board for review and review of the original case.
Application for trademark rejection review shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review Rules.
***1***Applicant qualifications: Must be the original applicant whose trademark registration application was rejected by the Trademark Office.
***2*** Application time limit: The trademark registration applicant shall apply for review within fifteen days from the date of receipt of the Trademark Rejection Notice from the Trademark Office for the trademark registration application. If the application is delayed due to force majeure or other legitimate reasons, you may apply for an extension 30 days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.
***3***Documents for application for review:
①The applicant shall submit the "Application for Review of Refusal of Trademark Registration Application" to the Trademark Review and Adjudication Board***Applicant The application form should be filled in carefully, especially sufficient reasons for reexamination***;
②The original copy of the "Trademark Rejection Notice";
③The Trademark Office will send the trademark rejection The envelope of the notification*** is used to determine whether the reexamination is submitted within the specified time limit***;
④Other relevant supporting materials and physical evidence;
⑤The applicant needs to submit the If relevant evidence materials are supplemented after reviewing the application, it shall be declared in the application, and the same number of evidence materials as in the application shall be submitted within 3 months from the date of submission of the application; if it is not declared in the application or is not submitted upon expiration of the time limit, , it will be deemed as giving up the supplement of relevant evidence materials;
⑥Other requirements: The trademark, goods, services and other contents filled in the original "Trademark Registration Application" cannot be changed in any way.
***4***Review fee: Applicants who apply for reexamination should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application. The agency fee is determined according to the circumstances of the case.
***5*** The Trademark Review and Adjudication Board shall, within thirty days from the date of receipt of the "Application for Reexamination of Rejected Trademark Registration Application", upon review, determine that it meets the statutory acceptance conditions, accept the application and notify it in writing. If the applicant believes that the application does not meet the statutory conditions, the applicant will be notified in writing of rejection and the reasons will be explained.
***6*** If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but needs to be supplemented and corrected within a time limit, it will not be accepted and the applicant will be notified in writing and Return all application documents.
How much is the fee for trademark rejection review?
Review fee: Those applying for review should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application. Within thirty days from the date of receipt of the "Application for Review of Refusal of Trademark Registration Application", if the Trademark Review and Adjudication Board determines upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; if it deems that the statutory conditions are not met, it will notify the applicant in writing. The application will not be accepted and the reasons shall be stated. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it can make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned.
Agency fee: The agency fee of each agency organization is different, usually between 3,000 and 5,000.
Interpretation of the reasons why trademarks are rejected
1: Identical or similar trademarks
During the process of trademark application, the most common reasons for rejection are: the trademark applied for is different from the one in the trademark application. The first applied for or registered trademark is similar in whole or in part or across categories. For example, "Aoli" and "Aoli". In addition, there is no unified standard for determining whether trademarks are similar, and specific circumstances must be analyzed on a case-by-case basis. There is only one person in the Trademark Office to review, and benevolent people have different opinions and wise people have different opinions. Some people think the same trademarks are similar, while others think they are not similar.
2: Lack of distinctive features
Trademark law essentially distinguishes a trademark from the specific goods and services designated by the trademark. For example, "nuts" belong to category 31 "unprocessed" "Fruits and dried fruits" subcategory, if used in Category 31, it lacks distinctive features. But the "nut" trademark can be registered in Class 9, a trademark for mobile phones. Take a look at Luo Yonghao’s “Nut” mobile phone.
3: Illegal prohibition clauses
Prohibit the registration and use of trademarks that may cause negative political, economic, and cultural impacts, thereby protecting the public's integrity by preventing confusion and misunderstanding among the public. ***Benefit. For example, a service organization applied to register a picture trademark containing the word "BEIJING", but was rejected by the trademark examination agency on the grounds that "BEIJING in the trademark text is the name of Beijing, which is an administrative division name above the county level and cannot be used as a trademark." .
The above is what I have provided for everyone, I hope it can be helpful to everyone
?