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Can trademark reexamination be continued after 15 days of rejection?

If the trademark rejection review time exceeds 15 days, it cannot be reviewed. The statute of limitations prescribed by law has passed, and there is no way to review it. Therefore, if you receive a rejection notice, you must prepare materials for trademark rejection review in a timely manner. You can only submit a trademark registration application again after the specified time.

To apply for review, you need to submit the following materials:

1. The applicant should submit the "Application for Review of Refusal of Trademark Registration Application" to the Trademark Review and Adjudication Board (the applicant should fill in the application form carefully, especially It is necessary to fill in sufficient reasons for review);

2. Also attached: the original "Trademark Registration Application" stamped with the "Rejection" seal of the Trademark Office;

3. "Trademark Review" Original "Notice of Refusal";

4. Trademark drawings (10 original drawings);

5. The envelope in which the Trademark Office sends the trademark rejection notice (used to determine whether the reexamination is in progress) Submitted within the prescribed time limit)

6. Other relevant supporting materials and physical evidence;

7. If the applicant needs to supplement relevant evidence materials after submitting the application for review, he should add it to the application form Make a statement in the application form, and submit the same number of evidence materials as the application form within 3 months from the date of submission of the application form; if the statement is not made in the application form or is not submitted within the time limit, it will be deemed to have given up supplementing the relevant evidence materials;

8. Other requirements: The trademark, goods, services and other contents filled in the original "Trademark Registration Application" cannot be changed in any way.

If the trademark rejection review time exceeds 15 days, the statute of limitations stipulated by law has passed, and there is no way to review it. Therefore, if you receive a rejection notice, you must prepare materials for trademark rejection review in a timely manner. You can only submit a trademark registration application again after the specified time.

9. We must confirm more before registering a trademark to reduce the possibility of trademark rejection. In the first step of trademark registration, when searching for a trademark, you must pay attention to whether the trademark you want to register has already been registered by a similar or identical trademark. If this happens, we must avoid it. The "Trademark Law" stipulates that some words or characters cannot be registered as trademarks, such as "National Liquor Moutai" and "National Liquor" are words that cannot be registered as trademarks. The country name, national flag, and national emblem cannot be applied for. Before we register a trademark, we can simply understand that it can be avoided.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 34 For trademarks that reject applications and refuse to be announced, trademarks The Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.