When most companies register trademarks, it has always been difficult. The basic process of trademark registration is enough to prove it. Therefore, the possibility of trademark applications being rejected is very high. There are two important stages in the trademark registration process: formal examination and substantive examination. Generally, the formal examination takes one month, while the substantive examination takes one year. Therefore, during the trademark registration period, if the trademark is rejected, how to apply for trademark rejection review?
The first page of the application form requires an application for review of the rejected trademark registration application in accordance with Article 32, Paragraph 1 of the Trademark Law. Article 32, Paragraph 1 of the Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has a certain influence by others through unfair means.
Specific review requirements, reasons, factual basis and relevant evidence should be attached in accordance with the "Trademark Review Rules" and the attached "Application for Review of Refusal of Trademark Registration Application" and submitted together with this application. Applications for review of certain trademark association services must be specifically stated in the attached materials.
If the trademark applied for is an international trademark registration, "G" should be added before the registration number. If the applicant is a foreigner or foreign enterprise, he must fill in the accurate name and valid contact address. If the applicant is a natural person, his or her identity document number should be filled in after his or her name.
***If a party with a trademark files an application for review of the rejection of trademark registration application, it shall designate one person as the representative; if there is no designated representative, the party shall be the first in the order stated in the trademark registration application. If the applicant is a representative, only the name, address, contact person and contact number of the representative should be filled in the column of the applicant and his contact person in this application form. Other parties should be stated in the attached materials. Any change in the representative must be authorized in writing by the party being represented.
If a foreigner or foreign enterprise with a habitual residence or business office in China authorizes its representative in China to handle the review of a rejected trademark registration application, his representative shall be regarded as the applicant’s contact person and shall be registered in China. Fill in the corresponding content in the applicant's contact person, mailing address, and contact number columns.
If the applicant needs to submit supplementary evidence, please select in the corresponding box; if you have not entrusted a trademark agency organization, you do not need to fill in the trademark agency column.
As for the charging standards for trademark rejection review applications, the trademark review fee is one thousand and five yuan. If you apply by mail, please make a bank transfer and attach a copy of the remittance slip to this application and submit it to the Trademark Review and Adjudication Board.
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