I am dissatisfied with the trademark objection ruling and want to apply for review. How much does the official fee for the review cost? The editor has compiled the official fee for trademark review with everyone. You are welcome to read it. It is for reference only!
What is the fee for trademark rejection review?
Review fee: Those applying for review should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application. Within thirty days from the date of receipt of the "Application for Reexamination of Rejection of Trademark Registration Application", if the Trademark Review and Adjudication Board deems upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; if it deems that the statutory conditions are not met, it will notify the applicant in writing. The application will not be accepted and the reasons shall be stated. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it may make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned.
Agency fee: The agency fee of each agency organization is different, usually between 3,000 and 5,000.
What are the reasons for the cancellation of a registered trademark?
According to the relevant provisions of the "Trademark Law" and its implementation rules, when one of the following circumstances occurs, the Trademark Office can forcibly cancel a registered trademark:
1. A registered trademark violates prohibition clauses;
2. Changing the text, graphics or combination of registered trademarks without authorization and refusing to make corrections;
3. Transfer the trademark without signing a transfer contract as required;
4. Stop using the registered trademark for three consecutive years;
5. Change the name of the trademark registrant on your own , address or other matters;
6. The approved goods are shoddily manufactured, passed off as inferior, harming the interests of consumers;
7. The trademark registrant illegally sells his or her registered trademark The trademark logo;
8. The trademark owner illegally permits others to use its registered trademark;
9. Use deceptive means or other unfair means (such as forging documents to defraud registration, Applying for registration of a well-known trademark, etc.) to obtain registration by fraud;
10. The Trademark Review and Adjudication Board makes a cancellation ruling on a disputed registered trademark.
Legal Consequences of Cancellation of Registered Trademarks
Improperly registered trademarks that have been revoked shall be announced by the Trademark Office. The original trademark registrant shall submit the "Trademark Registration Certificate" to the Trademark Office within 15 days from the date of receipt of the decision or ruling notice.
In accordance with the provisions of Article 25, Paragraph 5 of the Implementing Rules of the Trademark Law, any person who uses prohibited content stipulated in Article 8 of the Trademark Law and uses deception or other unfair means to defraud a registered trademark , and there is a dispute over a registered trademark, and the Trademark Review and Adjudication Board determines that the dispute is established and the trademark is revoked, the exclusive right to use the trademark is deemed to have never existed from the beginning. The decision or ruling to revoke a registered trademark shall not have retroactive effect on the judgments or rulings on trademark infringement cases made by the people's court and executed before the cancellation, or the handling decisions on trademark infringement cases made and executed by the industrial and commercial bank authorities before the cancellation. However, if the trademark registrant causes losses due to malicious intent, he shall be compensated.
What are the materials for trademark rejection review?
Documents for application for review:
(1) The applicant shall submit the "Review of Application for Rejection of Trademark Registration" to the Trademark Review and Adjudication Board "Application Form" (Applicants should fill in the application form carefully, especially with sufficient reasons for review);
(2) Also attached: "Application Form for Trademark Registration" stamped with the "Rejection" seal of the Trademark Office Original;
(3) Original "Trademark Rejection Notice";
(4) Trademark drawings (10 original drawings);
(5) The envelope in which the Trademark Office sends the trademark review notice (used to determine whether the reexamination is submitted within the specified time limit);
(6) Other relevant supporting materials and physical evidence;
( 7) If the applicant needs to supplement relevant evidence materials after submitting the review application, he should state it in the application and submit the same number of evidence materials as the application within 3 months from the date of submission of the application; If the declaration is made in the application form or is not submitted upon expiration of the time limit, it will be deemed as giving up the supplement of relevant evidence materials;
(8) Other requirements: Submit the trademark, goods, services and other contents filled in the original "Application for Trademark Registration" No changes can be made.
What should be paid attention to in the review of trademark objections
When a trademark objection is ruled by the Trademark Office, it does not mean that the trademark has been characterized. The ruling will only take effect if you do not apply for review of the Trademark Office's ruling within 15 days). If you have sufficient reasons and confidence, you can dissatisfy the Trademark Office's ruling and apply for review to the Trademark Review and Adjudication Board. Once the Trademark Review and Adjudication Board accepts the trademark objection review application, the Trademark Office's ruling on the opposed trademark will not be effective. The decision will be made by the Trademark Review and Adjudication Board. Articles 33 and 34 of the Trademark Law stipulate this. In short, the law has given full and fair opportunities. Passing the "trademark objection review" procedure will help the parties involved safeguard their legitimate rights and interests.
The above is the trademark review official fee provided by the editor. I hope it can be helpful to everyone.
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