Generally speaking, in this case, the trademark will not necessarily be rejected.
In accordance with relevant legal provisions, upon investigation and verification by the Trademark Office, a decision will be made on whether to approve registration within 12 months from the expiration of the announcement period, and the opponent and the opposed party will be notified in writing. Therefore, whether it will be rejected will be determined by the Trademark Office based on the actual situation and relevant legal regulations.
Article 35 of my country’s Trademark Law of the People’s Republic of China stipulates: If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts stated by the opponent and the person being opposed. and reasons, after investigation and verification, a decision will be made within twelve months from the expiration of the announcement period on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she 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 review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party 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. The people's court shall notify the opponent to participate in the litigation as a third party.
For enterprises, timely registration of trademarks is very important, but the completion of trademark registration is only the beginning. Ignoring it is not conducive to the development of enterprises and trademarks. If you have other questions about trademarks, such as trademark transfer, trademark purchase and sale, trademark transactions, etc., please consult us! You can call the 24-hour customer service hotline: or log in to Zhejiang to choose your favorite trademark!
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