According to the provisions of Article 32 of the Trademark Law, the administrative procedure of requesting reexamination from the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.
The applicant for trademark registration shall, within 15 days from the date of receiving the Notice of Rejection of Trademark Application from the Trademark Office.
The process of trademark rejection review mainly includes preparing materials, and the specific contents are as follows:
The process of trademark rejection review:
I. Receiving the notice of refusal
1. After receiving the notice of rejection, the trademark applicant should pay attention to the postmark on the envelope sent by the Trademark Office. There is a time limit for rejecting the review, and it is invalid after the expiration. There are currently two calculation methods.
A release date+15 days travel time+15 days review request time =30 days.
B, envelope postmark+15 days.
2. Look at the type of exclusion (complete or partial exclusion). If it is a total rejection, it depends on the reasons for rejection.
Whether there is a chance of success in the second interview (if the applicant has no second interview experience, you can find an organization to help analyze it), so as to decide whether to re-interview.
If it is partial rejection, observe whether the rejected goods or services belong to their main business, and consider whether to review them according to other factors.
If it is approved, it should be handled as soon as possible, because there is still a lot of preparatory work to be done and time is limited.
Second, the preparatory work
1. rejected materials
2. Reject the application for review
3. Reasons for rejecting the review.
4. Rejection notice and original envelope
5. Power of attorney (if there is no entrusted agency, a power of attorney is not required)
6. A copy of the applicant's main qualification certificate.
7. Other evidential materials
A copy of the notice or certificate of acceptance of trademark registration at home and abroad
B. Whether the trademark is a well-known, famous and well-known trademark.
C, trademark packaging, advertising, publicity, contracts, sales documents and other evidence (copy or original)
D. Other materials that will help to review the case.
Among the above materials, when time is tight and it is too late to prepare all the materials,
We can submit an application form, a brief reason for rejection, a copy of the notice of rejection, and a copy of the business license. If an agency is entrusted, a copy is required.
Other supplementary evidential materials can be supplemented within three months after submitting the application.
Third, submit an application.
After the rejection and review materials are prepared, they should be sorted out. Submit to the Trademark Review and Adjudication Board. At the same time, pay the fee for dismissing the examiner in RMB 750 yuan.
Fourth, refuse the follow-up review.
1, the admission notice will be issued in about 2 months.
2, about a year and a half of ruling.
3. Successful review-Transfer to Trademark Office-Announcement-Certification
4. Review Failure-Abandonment or Litigation (Beijing No.1 Intermediate People's Court)
Extended data
Trademark rejection review has the conditions
1. The applicant who rejected the trademark reexamination must be the original applicant whose trademark was rejected by the Trademark Office, and others are not eligible to apply.
2. The application for trademark reexamination must be rejected within the statutory time limit.
3. The content of the rejected trademark reexamination application must be the exact content in the rejected trademark registration application, and the reasons for reexamination must be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid.
4. To apply for rejection of trademark reexamination, the originals of Notice of Trademark Rejection and Application for Rejection of Trademark Reexamination must be sent to the Trademark Review and Adjudication Board.
4. Pay the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned within a time limit.
After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members.
If the majority of members think that the reasons for applying for reexamination are valid, they finally decide to deny the rebuttal of the Trademark Office, grant preliminary examination and issue an announcement on preliminary examination and approval of trademarks;
If the reasons for applying for re-examination cannot be established, it is finally decided to maintain the rebuttal opinion of the Trademark Office without preliminary examination and approval, and then reject it.
Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it.