After submitting an application for trademark registration, the applicant will usually receive a review decision from the Trademark Office on whether the trademark can be approved for preliminary review within 9 months. If the trademark application is rejected, the applicant may submit a rejection review application to the Trademark Review and Adjudication Board (hereinafter referred to as the Trademark Review and Adjudication Board) within the statutory period. If the Trademark Review and Adjudication Board upholds the rejection after review and the applicant is dissatisfied, are there other relief channels? Under the Trademark Law, applicants may also file administrative proceedings in court. So, how to proceed with administrative litigation for trademark rejection review? How to initiate administrative litigation for trademark application rejection review? How to prepare for court? Let’s learn about intellectual property together!

How to file an administrative lawsuit for trademark application rejection review?

The administrative litigation procedure is different from the trademark registration application trial procedure. The trademark registration application sbreg/trial procedure is concentrated in the Trademark Office and Trademark Review and Adjudication Board, while administrative litigation is under the jurisdiction of the court, so the filing of administrative litigation should comply with statutory prosecution. Require.

1. Legal time limit for prosecution

Within thirty days from the date of receipt of the Trademark Review and Adjudication Board’s decision to reject the review.

How to determine the date of receipt. If it is delivered by mail, the date recorded on the envelope in which the Trademark Review and Adjudication Board sends the rejection review decision to the applicant shall prevail; if it is delivered by announcement, it shall be deemed to have been delivered after the expiry of the announcement period. .

In order to avoid missing the legal deadline, after submitting a trademark application rejection review application, the applicant should pay close attention to the progress of the Trademark Review and Adjudication Review Board and communicate with the Trademark Review and Adjudication Board in a timely manner to confirm whether the review decision has been issued.

2. Jurisdictional Court

According to the judicial interpretation of the Supreme People's Court, first-instance administrative cases that are dissatisfied with the trademark authorization confirmation ruling or decision made by the Trademark Review and Adjudication Board shall be under the jurisdiction of the Beijing Intellectual Property Court. Therefore, if the applicant is dissatisfied with the Trademark Review and Adjudication Board’s decision to reject the review and files an administrative lawsuit, he or she should file an administrative lawsuit with the Beijing Intellectual Property Court.

The Trademark Review and Adjudication Board will also inform the applicant of the relief channels and time limits for dissatisfaction with the rejection review decision at the end of the rejection review decision. Applicants should pay attention to check it.

The above is the relevant content brought to you by Bajie Trademark Registration Platform on "How to operate trademark rejection review administrative litigation?" If you have other questions, please go to Intellectual Property Rights to consult our professional consultants . Is the success rate of trademark rejection review high? What are the precautions for trademark rejection review