1. Introduction to trademark registration review
1. Definition: Trademark application is the process by which a natural person or business unit obtains exclusive rights to a trademark. Applicants need to submit a trademark application request to the State Trademark Administration. After formal review and substantive review, a trademark registration certificate can be issued.
2. Type: Trademarks can be divided into text trademarks, graphic trademarks, sound trademarks, three-dimensional trademarks, etc.
3. Application conditions
① If you apply for registration under the name of a company, you must provide a copy of the business license, and the official seal must be stamped on the copy of the business license;
② If you apply for registration under an individual name , you need to provide a copy of your personal ID card and a copy of the business license of the individual industrial and commercial household. The copy of the business license of the individual industrial and commercial household needs to be stamped with the official seal;
③ Provide trademark text or pattern, and the color needs to be protected , you also need to provide color drawings;
④ Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, with reference to the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) 10th edition and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;
⑤ Provide a "Trademark Agency Power of Attorney" with an official seal or signature. The book can be downloaded from this website; in particular, please note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.
2. Introduction to trademark registration review
1. Definition: Refers to the legal procedure for re-examination by the Trademark Review and Adjudication Board when a party is dissatisfied with the Trademark Office’s decision on trademark-related matters and submits a review request.
2. Type
① Review of a party’s dissatisfaction with the Trademark Office’s rejection of a trademark registration application;
② Review of a party’s dissatisfaction with the Trademark Office’s rejection of a registered trademark transfer application;
③ An application filed by a party who is dissatisfied with the Trademark Office’s rejection of the application for renewal of a registered trademark;
④ A review by a party who is dissatisfied with the Trademark Office’s objection ruling;
⑤ A review by a party who is dissatisfied with the Trademark Office’s cancellation of a registered trademark ;
⑥Reexamination of the party’s dissatisfaction with the Trademark Office’s cancellation of an improperly registered trademark;
3. Time for re-examination
The applicant may request a re-examination from the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the rejection notice, ruling notice or revocation notice. If there are special reasons, you can apply for an extension before expiration. The extension time is 30 days, but you need to submit evidence of the extension, such as a certificate from the post office or neighborhood committee.
4. Required documents and materials
① "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a power of attorney stamped with the applicant's seal. Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.
② Various reexamination applications: If an agency is entrusted to apply for trademark reexamination, the agency will prepare it.
③Reasons and evidence materials
5. Decision on review
The Trademark Review and Adjudication Board will make a final decision on approval or disapproval of registration for registration rejection review or objection review, and will notify the relevant parties in writing.
The Trademark Review and Adjudication Board will make a final decision to maintain or revoke the trademark for other reviews and notify the relevant parties in writing. Trademark Rejection Review Process Trademark Rejection Review Official Fees