Where can I find the trademark rejection notice? After the business owner submits the trademark application, the next step is to wait for the trademark to pass the review of the Trademark Office. If everything goes well, the trademark will receive the trademark registration certificate within 12 months. However, after a trademark registration application is submitted, it often fails in the preliminary review process. That is, the most common trademark application is rejected when applying for a trademark. What should I do if my trademark registration application is rejected? Can I still apply for this trademark?

Two situations when a trademark registration application is rejected. There are usually two situations when a trademark registration application is rejected: The first is total rejection, which refers to the Trademark Office’s rejection of all goods or products in the trademark registration application in accordance with the law. The service takes actions that disapprove registration. The second type is partial rejection, which refers to the act in which the Trademark Office disapproves registration of some goods or services in a trademark registration application, while allowing registration of other goods or services.

According to the provisions of the Trademark Law, for a rejected or partially rejected trademark registration application, the Trademark Office will issue a "Notice of Trademark Rejection" or "Notice of Partial Rejection of a Trademark" to the applicant to inform the application The time, reason, legal basis, specific items, etc. when the trademark was rejected.

What should you do if your trademark registration is rejected? After receiving the rejection notice from the Trademark Office, the applicant needs to seriously consider whether to accept the trademark rejection decision or actively file a review application.

After the trademark registration application is rejected, the law provides relief channels. If the applicant is dissatisfied with the rejection decision, he or she may submit a trademark rejection review application to the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice. If the applicant is still dissatisfied with the Trademark Review and Adjudication Board's decision, he or she may file an administrative lawsuit with the Beijing Intellectual Property Court within 30 days after receiving the notice of the Trademark Review and Adjudication Board's decision.

How to help a rejected trademark pass review? 1. Comprehensively understand the content of the trademark rejection notice

After receiving the trademark rejection notice, the applicant should carefully read the content of the notice and confirm the type and specific reasons for the rejection of the applied trademark. Grounds for rejection are usually divided into absolute grounds and relative grounds.

(1) Absolute grounds for trademark rejection

Article 10 of the Trademark Law: Prohibited signs

The following signs shall not be used as trademarks:

(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, and the same as the name, logo, location specific of the central state agency The name of the place or the name and graphics of the landmark building are the same;

(2) Identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country ;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) The same name or mark as the "Red Cross" or "Red Crescent" or similar;

(6) Ethnically discriminatory;

(7) Deceptive, easily causing the public to misunderstand the quality and other characteristics of the goods or their origin.

(8) Harmful to socialist morals or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 of the Trademark Law: Trademarks lack distinctiveness

The following signs shall not be registered as trademarks: (lack of inherent distinctiveness)

(1) Only The common name, graphics, and model of this product;

(2) Only directly indicate the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product;

(3) Others lacking distinctive features.

If the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they can be registered as trademarks

It should be noted that if the signs listed in the previous paragraph have been used and are easy to be identified by the public, they are trademarks. The examiner was unable to understand during the initial review and needs to apply for rejection review and submit evidence of trademark use, and the Trademark Review and Adjudication Board will make a decision in accordance with the law based on factual materials.

The above is where to check the trademark rejection notice? of the entire content. If the business owner is not familiar with the trademark application process or is unable to handle the trademark application in person for various reasons, he or she can entrust a regular trademark agency to help the business owner obtain the trademark of his choice. If you want to know more knowledge points, you are welcome to come to Intellectual Property for detailed consultation!