Trademark rejection refers to the rejection or partial rejection by the Trademark Office if it considers that the applied trademark does not meet the requirements or some designated goods do not meet the requirements. The application for trademark registration is unsuccessful. What should I do if I receive the Notice of Trademark Rejection? The applicant may submit an application for reexamination to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Trademark Rejection. So what's the procedure for applying for a review? The following is a small series of Bajie Intellectual Property Trademark Transfer Network, which introduces the trademark rejection review process in detail.

1. Ways

1. Applicants should handle it themselves;

2. The applicant entrusts a trademark agency registered with the Trademark Office to handle the matter;

because the trademark rejection review process will involve the analysis of trademark rejection reasons, the collection of evidence, and the writing of an application, and the applicants are not very familiar with trademark laws and regulations and related handling procedures, most applicants will choose to entrust a trademark agency to handle it.

II. Analysis of the success rate of reexamination

There are two main reasons for the Trademark Office to make a rejection decision: absolute reasons for violating the prohibition of trademarks and relative reasons similar to those of trademarks with prior rights. According to the relevant materials of trademark rejection provided by the applicant, check the reasons for rejection and analyze whether the probability of successful trademark rejection review is large. If the success rate of trademark rejection review is low, it is recommended not to review.

III. Collect relevant evidence and write an application

According to the Trademark Review and Adjudication Rules, the evidence that can be provided by the applicant who rejects the reexamination includes documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, expert opinions, statements of the parties, and so on. The specific materials for rejecting the application for re-examination are as follows:

1. Reject the application for re-examination (home page);

2. List of review materials;

3. Reject the application for review (text);

4. power of attorney for trademark agency (power of attorney with signature if entrusted to a trademark agency);

5. the applicant's qualification certificate;

6. evidence catalogue and evidence materials.

detailed preparation materials can be found in the list of materials for trademark rejection review.

IV. Submitting an application for reexamination

The trademark rejection reexamination applicant or trademark agent submits it to the Trademark Review and Adjudication Board and pays the trademark review and adjudication fee of 75 yuan.

v. Tracking the trial progress

Trademark rejection review generally takes 1-2 years, during which the trial progress of the Trademark Office needs to be tracked. If the trademark is rejected successfully, it can be handed over to the Trademark Office and announced. If the reexamination of the rejected trademark fails, you may give up or choose to bring a lawsuit in the people's court within 3 days from the date of receiving the notice.

It is worth noting that after the trademark rejection review procedure is started, it will take 1-2 years to complete, and the time period is long. And it is necessary to pay the official fee of 75 yuan. If the probability of successful review is low, Xiaobian suggests giving up the review; If the probability of successful reexamination is high and you are unwilling to give up the trademark, you can choose reexamination.

if you have trademark requirements, you can contact us! Bajie Intellectual Property Trademark Agency Co., Ltd. is the first trademark transfer platform on CCTV. It has 17 years of trademark transfer experience and serves you wholeheartedly with the most serious and responsible attitude.