What is trademark rejection review and how to conduct trademark rejection review?
A: The reexamination of trademark rejection means that after the trademark applied for registration is rejected by the Trademark Office, the applicant refuses to accept the reasons and legal basis for the rejection by the Trademark Office and applies to the Trademark Review and Adjudication Board for reexamination of the original case. (1) The applicant who rejected the trademark reexamination must be the original applicant whose trademark was rejected by the Trademark Office, and others are not eligible to apply. (2) The application for trademark reexamination must be rejected within the statutory time limit. (3) The content of the application for trademark reexamination shall be the accurate content in the rejected application for trademark registration, and the reasons for reexamination shall be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid. (4) To apply for rejection of trademark reexamination, the original Notice of Trademark Rejection and two copies of the Application for Rejection of Trademark Reexamination must be submitted to the Trademark Review and Adjudication Board. (5) Paying the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned within a time limit. After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members. If the majority of members think that the reasons for applying for reexamination are valid, they finally decide to deny the rebuttal of the Trademark Office, grant preliminary examination and issue an announcement on preliminary examination and approval of trademarks; If the reasons for applying for re-examination cannot be established, it is finally decided to maintain the rebuttal opinion of the Trademark Office without preliminary examination and approval, and then reject it. Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it. Review material editing 1. Copy of business license of enterprise legal person (with official seal) 2. Trademark conception and use (mainly highlighting popularity) 3. Company profile 4. Various honors won by the company. Sales, advertising expenses and related financial status of the company in the past three years. 6 original and 7 copies of corporate media reports or photo advertisements. 8 originals and photocopies of the product appearance sold by the enterprise. 9. Other evidence and materials that can prove the product and popularity of the enterprise. The earliest used certification material of this trademark 10. Applicants need to classify and number the evidence materials of their proposers one by one and make a list of contents, briefly explain the sources of the evidence materials and the specific facts to be proved, and affix their official seals. Matters needing attention in trademark rejection review are as follows according to the Trademark Law of People's Republic of China (PRC) and its detailed rules for implementation: 1. If the trademark review application is sent and received by mail, the review time limit is15th, and the postmark date of the letter received by the local post office is the date of receipt and delivery by the parties concerned; If the postmark is unclear or there is no postmark, the date marked 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 of the application for trademark review by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) shall be the date of issuance by the party concerned. When a party or trademark agency submits a trademark reexamination document, it shall provide an envelope mailed by the Trademark Office to calculate the date when the party receives the notice of rejection from the Trademark Office. II. For the application for reexamination of an international registered trademark in Madrid, the time limit for reexamination shall be counted from the date indicated in the notice of rejection issued by the International Bureau. If the date of publication of the International Bureau cannot be provided, it shall be counted from the date indicated in the notice of trademark rejection sent by the Trademark Office to the International Bureau. Three, the parties to apply for trademark review, shall be handled within the time limit prescribed by law. Due to force majeure or other legitimate reasons, you can apply for an extension 30 days before the expiration. However, the expenses for extension shall be paid by the applicant. The application for extension shall be submitted within 15 days from the date of receiving the notice of rejection from the trademark office, and the extension time shall be counted from 16 days. Four, because the extension of the application period review can only be carried out when receiving the application for re-examination, therefore, the Trademark Review and Adjudication Board does not carry out the period review when receiving the application for extension, but carries out the period review together with the formal review documents. If it exceeds the statutory time limit, the Trademark Review and Adjudication Board will not accept it and notify the parties or agents in writing. 1. power of attorney; 2. A copy of the business license; 3. Rejection of trademark registration application, rebuttal/objection ruling (in the envelope of the Trademark Office) and evidence rejection are common examination results in the process of trademark registration application, which usually include rejection that violates the prohibition, rejection that the trademark is not obvious, and rejection that conflicts with the prior trademark right (referring to the prior application or prior registration). According to the provisions of Article 32 of the Trademark Law, an application for rejection of reexamination may be filed with the Trademark Review and Adjudication Board. The first two kinds of rejection review only involve the trademark office and the rejected trademark applicant, while the third kind, that is, the rejection review that conflicts with the prior trademark right, is more complicated. The author mainly discusses this rejection review. This kind of rejection review involves the Trademark Office, the rejected trademark applicant and the prior trademark holder. If the rejected trademark applicant has no dispute over the rights of the prior trademark cited by the Trademark Office, it is nothing special to file a rejection review just because the goods are not similar and the trademarks are not similar. However, if the rejected trademark applicant disputes the cited prior trademark right, he thinks that the cited trademark application belongs to malicious cybersquatting, which violates the relevant provisions of the Trademark Law, or infringes on the name right, patent right and copyright of the rejected trademark applicant's prior enterprise. That is, he believes that the cited prior trademark right itself is illegally obtained and should not be an obstacle to the rejected trademark registration application. Because this kind of rejection review is no longer limited to the review of the trademark office's ruling, but involves the interests of the third party, and has the characteristics similar to trademark legal affairs such as objection and revocation, the situation becomes more complicated. 6 Legal Basis Editing Article 32 of the Trademark Law, the Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected or not 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, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. Trademark rejection