What to do after a trademark rejection review fails? How to improve the pass rate of trademark rejection review? According to the provisions of my country’s Trademark Law, if an applicant files a review of a trademark rejection decision, and if the review fails, he or she may file a lawsuit in court.

"Trademark Law of the People's Republic of China"

Article 34 For a trademark that rejects the application and refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

How to improve the pass rate of trademark rejection review?

In order to improve the success rate of trademark rejection review, under normal circumstances, an application for rejection review can be filed with the Trademark Review and Adjudication Board through a professional organization.

After accepting the entrustment of the applicant, the professional organization must first conduct a comprehensive and professional analysis of the Trademark Office’s reasons for rejection. If the reasons for rejection involve absolute prohibitions on trademark registration or other obviously impossible If the reason for rejection is overturned, the applicant will be advised to give up the rejection review; if there is room for elaboration on the reason for rejection, such as the common reasons for rejection: the trademark applied for registration constitutes a trademark on similar goods with other earlier trademarks or trademarks applied for earlier registration. For similar trademarks, a professional and highly targeted review description will be drafted, and the applicant will be asked to cooperate in providing corresponding evidence materials and submit a review application to the Trademark Review and Adjudication Board.

Main reasons for trademark rejection review:

The main factor affecting the success rate of trademark rejection review is to look at the "weight" and "quality" of the reasons for review explained in the review application. .

1. The trademark applied for is an unregistered trademark previously used by the applicant. After long-term use and publicity, it has gained a certain degree of popularity and reputation. The applied trademark has been widely used by the applicant and has formed a one-to-one correspondence with the applicant, and has the distinction that a trademark should have.

2. The trademark applied for is a brand-new trademark originally designed by the applicant, which is original and distinctive. The application for approval and registration of a trademark will not cause confusion or misunderstanding among the relevant public.

3. The applied trademark is clearly different from the cited trademark in terms of constituent elements, drawing method, overall appearance, salient parts, name, meaning, etc., which will not confuse consumers and do not constitute similar trademarks. Among them, specific differences in constituent elements, drawing methods, overall appearance, salient parts, calls, meanings, etc. can be demonstrated through detailed explanations to enhance persuasiveness.

4. Based on the principle of consistent examination standards and combined with this case, each cited trademark contains similar components and overlaps in similar groups approved for use, but they were eventually approved for registration one after another. It can be seen that the similarity in the trademark is not the decisive reason for rejection. Therefore, if a trademark has its own distinctive features and can play the role of distinguishing the source of goods or services, it should be approved for registration.

The above is about what to do after the trademark rejection review fails? How to improve the pass rate of trademark rejection review? If you have any other questions, you can consult the intellectual property rights for more details. Trademark rejection review skills and trademark rejection review considerations