Current location - Trademark Inquiry Complete Network - Trademark registration - Can the trademark issued by the rejection notice still be used?
Can the trademark issued by the rejection notice still be used?

Legal analysis: According to the provisions of my country’s Trademark Law, after the applicant receives the notice of trademark rejection, the trademark can continue to be used, but the trademark used is not protected by law. For a trademark that is approved for registration if the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.

Legal basis: Article 36 of the "Trademark Law of the People's Republic of China" expires, and the party concerned does not apply for review or review of the Trademark Office's decision to reject the application or deny registration. If the Trademark Review and Adjudication Board makes a reexamination decision not to file a lawsuit in the People's Court, the decision to reject the application, the decision not to register or the reexamination decision shall take effect. For a trademark that is approved for registration if the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.