What materials do you need to bring with you for trademark review? What do you need to register during trademark review? The editor has compiled the materials required for trademark review and shared them with you. You are welcome to read them, for reference only!

What to do if your trademark registration application is rejected

1. Rejection of trademark registration does not mean that the trademark must not be registered and used. Rejection is only the preliminary decision of the Trademark Office. If you are not satisfied with this decision, you can file a complaint The Trademark Review and Adjudication Board applies for reexamination. Those who are dissatisfied with the Trademark Review and Adjudication Board's decision can also file a lawsuit with the People's Court;

2. If the party wants to retain the rejected trademark, it should promptly file a reexamination application within fifteen days. At the same time, the delivery envelope that serves as evidence during the service period must be kept;

3. The reasons for rejection of trademark registration are different, and the evidence materials required for review are also different. It is recommended that the parties review the different reasons for rejection. Provide relevant evidence in a targeted manner.

Documents and materials required for trademark objection review

1. "Trademark Agency Letter of Attorney" stamped or signed in duplicate_

2. Trademark Office objection Original or copy of the ruling_

3. Copy of the applicant’s business license/natural person ID card_

Foreigners must provide a copy of their passport and its Chinese translation_ _

4. Evidence materials required for review application (prepare different evidence materials based on different reasons)

Notes on trademark rejection review

Applying for a 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 15 days from the date of receipt of the "Trademark Rejection Notice" from the Trademark Office for the trademark registration application. If there is delay due to force majeure or other legitimate reasons, you may apply for an extension thirty days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.

3. Documents for application for reexamination:

(1) The applicant shall submit the "Application for Reexamination of Rejection of Trademark Registration Application" to the Trademark Review and Adjudication Board (the applicant should carefully fill in the application form , especially to fill in sufficient reasons for review);

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

(3 ) Original copy of "Trademark Rejection Notice";

(4) Trademark drawing;

(5) Envelope from the Trademark Office sending 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/she shall Make a statement in the application and submit the same number of evidence materials as the application within 3 months from the date of submission of the application; failure to make a statement in the application or failure to submit it within the time limit shall 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.

4. Review fees: Applicants who apply for reexamination should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application.

5. Within thirty days from the date of receipt of the "Application for Reexamination 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 the legal conditions are met, the applicant will be notified in writing that the application will not be accepted and the reasons will be stated.

6. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but needs to be supplemented and corrected, it can be supplemented within a time limit; if no supplements or 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. .

Recommended reading:

Why is a trademark rejected?

There are many reasons for a trademark to be rejected, usually including the following:

One is due to unfavorable trademark searches. Judging from the current trademark registration situation, most trademarks are submitted through agency organizations. If there is an entrusted agency organization, the inquiry work is usually completed by the agency organization. Therefore, most trademark rejections are caused by unfavorable searches by trademark agencies.

Therefore, the author has also said that in trademark registration, applicants can only compare prices, but they should also compare more in terms of service quality. Although agency organizations are not omnipotent, good agency organizations have more experience in avoiding rejections. Relatively speaking, they will be conducive to the smooth application of trademarks.

The second reason is due to the blind search period. The unfavorable agency query mentioned above refers to the query outside the blind search period. The author has mentioned the blind search period in many articles before. Trademarks are reviewed uniformly in Beijing. It is impossible for the Trademark Office to enter all trademarks into the system on the same day, and the data queried are all data from three months ago. If the trademark that the applicant wants to check was applied for a week ago, then this risk is unavoidable and the result cannot be checked. If the application is rejected for such reasons, the responsibility does not lie with the agency, but is usually the responsibility of the applicant.

The third reason is due to violation of mandatory regulations. Trademarks that violate mandatory regulations include: lack of distinctiveness, exaggerated publicity, adverse effects, and many other reasons. For example: Class 29 spicy trademarks were rejected on the grounds that they were not distinctive. This is also the reason why Class 30 trademarks are popular. Class 33 Cistanches trademark was rejected on the grounds that it was a common name. Someone once registered Category 11? Genghis Khan? on the toilet, and it was revoked. It was considered to be a trademark with adverse effects

The above is the material required for trademark review provided by the editor. I hope it can be helpful to everyone. Help

People who read "Materials required for trademark review" also read:

1. Three situations of trademark review

2. Trademark objection review The role of trademark opposition

3. Application for trademark opposition review

4. How to request a review of trademark opposition

5. What materials are needed for a company to apply for trademark registration

6. How long does it take to review a trademark objection?

7. The process of trademark opposition defense

8. The process of trademark opposition defense

9. The process of trademark opposition

10.2016 Trademark Registration Process Trademark Review