What is the time limit for the trademark rejection review? How to apply for trademark rejection review Xiaobian share the sorted trademark rejection review period with everyone, welcome to read, for reference only!

what is a trademark rejection review?

trademark rejection review is also called? Reject the trademark review? , refers to the trademark registration application after examination and rejection by the Trademark Office, the applicant refuses to accept the reasons and legal basis of rejection by the Trademark Office, and applies to the Trademark Review and Adjudication Board for review and consideration of the original case.

how long does it take to review the trademark rejection?

The application for reexamination of trademark rejection shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules. Time limit for application: The applicant for trademark registration shall apply for reexamination within 15 days from the date of receiving the Notice of Trademark Refutation from the Trademark Office. In case of delay due to irresistible reasons or other justified reasons, an application for extension of 3 days may be made before the expiration of the period, and whether to grant the extension shall be decided by the Trademark Review and Adjudication Board.

what should I pay attention to when reviewing trademark rejection?

1. Appraisal fee: those who apply for reexamination shall pay the application fee for trademark rejection reexamination. At present, the charging standard is 1,5 yuan per application.

2. If the Trademark Review and Adjudication Board finds that it meets the statutory acceptance conditions within 3 days from the date of receiving the Application for Rejection of Trademark Registration, it shall accept it and notify the applicant in writing; That does not meet the statutory conditions, notify the applicant in writing not to accept, and explain the reasons.

3. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but it needs to be corrected, it may make corrections within a time limit; If no correction is made within the time limit, it will not be accepted, the applicant will be notified in writing and all the application documents will be returned.

what are the materials for trademark rejection review?

Documents to apply for re-examination:

(1) The applicant shall submit an Application for Re-examination of Rejecting the Application for Trademark Registration to the Trademark Review and Adjudication Board (the applicant shall fill in the application carefully, especially fill in sufficient reasons for re-examination);

(2) Attached at the same time: stamped with the Trademark Office? Rejected? Original application for trademark registration with seal;

(3) the original Notice of Refutation of Trademark;

(4) trademark designs (1 original designs);

(5) An envelope sent by the Trademark Office to inform the trademark refutation (used to determine whether the reexamination is filed within the prescribed time limit);

(6) Other relevant certification materials and physical evidence;

(7) If the applicant needs to supplement relevant evidential materials after filing an application for review, it shall make a statement in the application form, and submit the same number of evidential materials as the application form within 3 months from the date of submitting the application form; If it is not stated in the application or not submitted at the expiration of the time limit, it shall be deemed as giving up the relevant evidence materials;

(8) other requirements: the trademarks, goods/services and other contents in the original Application for Trademark Registration cannot be changed.

what are the invalid trademark rights

(1) the registered trademark has obvious defects

1. It violates the prohibitive provisions of the Trademark Law. That is, in violation of Article 1 of the Trademark Law, the registered trademark uses a sign that is prohibited by law from being used as a trademark; In violation of Article 11 of the Trademark Law, a registered trademark uses a sign that is prohibited by law from being used as a registered trademark; In violation of Article 12 of the Trademark Law, a registered three-dimensional trademark is a sign that does not have distinctive features and cannot be registered.

2. Obtaining registration by deception. This means that when a registered trademark owner applies for trademark registration, he obtains the registration by fictitious means, concealing facts, or forging application documents and other relevant certification documents, such as forging business licenses, forging approval documents of drug or tobacco management departments, forging certificates of origin, etc.

(II) Obtaining registration by improper means

It is more complicated for trademark owners to obtain registration by improper means, such as infringing others' prior rights, malicious cybersquatting and infringing others' business reputation.

1. Infringe upon the prior rights of others. This means that the trademark applied for registration conflicts with other people's prior legal rights. In essence, this trademark infringes on other people's prior rights, such as copyright, design patent right, portrait right, name right, trade name right and other civil rights. This kind of trademark right is invalid because the applicant applies for registration of the rights enjoyed by others as his own trademark, which is an infringement and cannot be tolerated by the law.

2. Malicious registration. This means that the registered trademark owner violates the principle of good faith when applying for registration, and maliciously applies for registration of influential trademarks and well-known trademarks of others. The specific cases of malicious registration are:

(1) preemptively registering trademarks that have been used by others and have certain influence;

(2) The trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion;

(3) The trademark applied for registration of different or similar goods is a copy, imitation or translation of a well-known trademark registered in China, misleading the public, which may harm the interests of the well-known trademark registrant;

(4) Without authorization, the agent or representative registers the business standard of the principal or the representative in his own name;

(5) There is a geographical indication of a commodity in a trademark, and the commodity does not come from the area marked by the indication, and the trademark owner maliciously applied for registration and was approved.

(III) Disputes over registered trademarks

A registered trademark dispute refers to a dispute raised by a prior registrant that a later registered trademark is the same as or similar to his own registered trademark on the same or similar goods or services. According to the principle of protection first, the trademark owner who registered earlier has the right to request the cancellation of the trademark registered later.

the above is the time limit for trademark rejection review provided by xiaobian. I hope it will help you.

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