When trademark registration becomes the only way for us, we have to consider the "stumbling blocks" on the way - the risks that trademark rejection will bring to us. What should we do if our trademark is rejected despite all preparations?
The trademark rejection rate is high, what should I do if it happens?
Trademark rejection is also divided into full rejection and partial rejection. Full rejection refers to the rejection of the entire trademark and all goods or services. Partial rejection means that the application for some goods or services has been rejected.
Then we must first clarify the reason for rejection. Is it because it constitutes a similar trademark, is it because our trademark name is not standardized enough and violates mandatory regulations, or is it because the trademark lacks distinctiveness?
If the trademark is rejected, we must submit a review to the Trademark Office Review and Adjudication Committee within 15 days after receiving the rejection notice from the Trademark Office.
The entire process from the filing of the rejection review application to the Trademark Review and Adjudication Board’s review decision is nine months. If there are special circumstances that require an extension, it can be extended by three months with the approval of the industrial and commercial administration department of the State Council.
If the reexamination result is still rejection, then we can file a lawsuit with the People's Court within 30 days of receiving the rejection notice and request judicial relief from the court.
In fact, the possibility of a court revoking the Trademark Review and Adjudication Board’s decision to reject a review is generally low. It is generally not recommended to file a lawsuit in court against a decision that has been rejected for review.
If the court upholds the original judgment, it will prove that the trademark has completely failed to be registered. Merchants who want to obtain the trademark can respond to the rejection of the trademark registration application by taking auxiliary measures other than rejection review.
If the trademark application is very unsuccessful and delays a lot of progress, we can consider purchasing the trademark directly on the trademark transfer platform. The trademarks in the trademark database of the trademark transfer platform are now of excellent quality and affordable. You can use the trademark as soon as one day after purchasing, which is undoubtedly not a better choice.