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How long does it take for the trademark rejection review, and what is the cost of the trademark rejection review?
The answers are as follows: (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 application for trademark reexamination shall be the exact content in the rejected application for trademark registration, and the reasons for reexamination shall be directed against the reasons for rejection by the Trademark Office. Otherwise, the application for re-examination will be deemed invalid. (4) To apply for rejection of trademark reexamination, the original Notice of Trademark Rejection and two copies of the Application for Rejection of Trademark Reexamination must be sent to the Trademark Review and Adjudication Board. (5) Paying the trademark review fee. If 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. The Trademark Review and Adjudication Board makes a final decision through analysis and collective discussion, with the majority opinion of the members. If most members think that the reasons for the application for re-examination are valid, they will finally decide to deny the rebuttal opinions of the Trademark Office, grant preliminary examination and publish the Announcement of Preliminary Examination and Approval of Trademarks; If the reasons for the application for re-examination cannot be established, the final decision shall be to maintain the rebuttal opinion of the Trademark Office, without preliminary examination and approval, and then to 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. 1. Copy of the business license of the enterprise as a legal person (stamped with the official seal) 2. Conception and use of the trademark (mainly highlighting the popularity) 3. Brief introduction of the enterprise 4. Various honors obtained by the enterprise 5. Sales, advertising expenses and related financial situation of the enterprise in the last three years. 6. Original and photocopy of enterprise media report or photo advertisement 7. Original and photocopy of product appearance sold by the enterprise 8. Other evidence and materials that can prove the product and popularity of the enterprise 9. Proof materials for the earliest use of this trademark 1. Applicants need to classify and number the evidence materials of their proponents one by one, make a list of contents, briefly explain the sources of the evidence materials and the specific facts proved, and affix their official seals. Matters needing attention in the time of trademark rejection review are as follows according to the Trademark Law of the People's Republic of China and its Implementation Rules: 1. If the trademark review application is sent and received by mail, the calculation of the 15-day review time limit shall take the postmark date of the letter received and sent by the local post office as the date of receipt and sending by the parties concerned; If the postmark is unclear or there is no postmark, the date marked by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) will be postponed for 2 days as the date of receipt by the party concerned, or the date of receipt of the trademark review application by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) for 2 days will be regarded as the date of issuance by the party concerned. When a party or trademark agency submits a trademark reexamination document, it shall provide an envelope mailed by the Trademark Office so as to calculate the date when the party receives the notice of rejection from the Trademark Office. Two, Madrid international registered trademark application for re-examination, * * * the time limit for re-examination starts from the date marked in the notice of rejection issued by the International Bureau. If the date of publication by the International Bureau cannot be provided, it shall be counted from the date marked in the notice of rejection of trademarks sent by the Trademark Office to the International Bureau. Three, the parties to apply for trademark review, shall be handled within the time limit prescribed by law. For irresistible reasons or other legitimate reasons, you can apply for an extension of 3 days before the expiration. However, the expenses required for the extension shall be paid by the applicant. The application for extension shall be submitted within 15 days from the date of receiving the notice of rejection from the Trademark Office, and the extension time shall be counted from the 16th day. Four, because the time limit review of the extension application can only be carried out when the application for re-examination is received, therefore, the Trademark Review and Adjudication Board does not carry out the time limit review when it receives the extension application, but carries out the time limit review together with the formal review documents. If it exceeds the statutory time limit, the Trademark Review and Adjudication Board will not accept it and notify the parties or agents in writing. 1. Power of attorney; 2. A copy of the business license; 3. Rejected trademark registration application, refutation/objection ruling (envelope with trademark office) and evidence rejection are common review results in the process of trademark registration application, which usually include rejection in violation of prohibitive provisions, rejection of trademark that is not significant, rejection that conflicts with prior trademark rights (referring to prior application or prior registration), etc. According to Article 32 of the Trademark Law, an application for rejection and review can be filed with the Trademark Review and Adjudication Board. The first two kinds of rejection review only involve the Trademark Office and the rejected trademark applicant, but the third kind, that is, the rejection review that conflicts with the prior trademark right, is more complicated. The author mainly discusses this kind of rejection review. This kind of rejection review involves the Trademark Office, the rejected trademark applicant and the prior trademark obligee. If the rejected trademark applicant has no dispute about the right of the prior trademark cited by the Trademark Office, it is nothing special to file a rejection review only because the goods are not similar and the trademarks are not similar. However, if the rejected trademark applicant disputes the cited prior trademark rights, he thinks that the cited trademark application is a malicious cybersquatting violation of the relevant provisions of the Trademark Law, or infringes on the rejected trademark applicant's prior enterprise name right, patent right, copyright, etc., that is, he thinks that the cited prior trademark rights themselves are illegally obtained and should not be an obstacle to the rejected trademark application for registration. Because this kind of rejection review is no longer limited to the review of the trademark office's ruling, but involves the interests of the third party, which has the characteristics similar to trademark legal affairs such as objection and revocation, the situation becomes more complicated. Trademark rejection