The necessity of invalid defense of trademark rejection;
1. The trademark is declared invalid, and giving up the defense will directly lead to the risk of invalidation.
2. The invalid defense is the legal right given to the parties by the Trademark Law, and it is also the only way for the parties to refute the applicant's point of view to the Trademark Review and Adjudication Board (Article 44 of the Trademark Law: If other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing after receiving the application and file a defense within a time limit).
The Trademark Review and Adjudication Board will hear the case of invalidation in writing. Failure to reply will undoubtedly increase the chances of the other party's invalid success, and reply will undoubtedly increase our chances of success.
Then, if the enterprise has no experience and wants to find an agency to help the enterprise do the defense work, what is the cost of invalid defense when the trademark is rejected under normal circumstances? In fact, it depends on the difficulty of obtaining a trademark, that is, what causes the enterprise to reject the trademark.
If you want to successfully complete the invalid reply of trademark rejection, then the enterprise must consult and study the notice of trademark rejection, and judge whether it is necessary to reply, how to reply and what materials to prepare according to the reasons, so that the probability of obtaining the trademark will be great, which is a wise choice for the enterprise. Instead of redesigning a trademark, re-registering and applying for a trademark invalidation defense are also opportunities for enterprises.
Many enterprises may think that the trademark invalid defense will waste a lot of time, but it is not. In order to obtain a trademark suitable for enterprises, it is wise to apply for invalid defense when a registered trademark is rejected. After all, it is as difficult to re-register a trademark, but enterprises must first be optimistic about the reasons for rejection!
Is it necessary to reply that the trademark is rejected and invalid? We are here to answer this question for you. If you have more questions about trademarks, you can continue to pay attention to intellectual property rights or contact us by phone.