Trademark rejection review means that after the trademark application for registration is rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for the rejection and applies to the Trademark Review and Adjudication Board for review of the original case.
1. Qualifications
(1) The applicant for a rejected trademark review must be the original applicant for a trademark rejected by the Trademark Office. Others are not eligible to apply.
(2) To reject an application for trademark review, it must be submitted within the statutory time limit.
(3) The content of the rejected trademark review application must be the exact content of the rejected trademark registration application, and the reason for the review must be based on the reasons for the rejection by the Trademark Office. Otherwise, the review application will be deemed invalid.
(4) To apply for rejection of trademark review, the original "Notice of Trademark Rejection" and two copies of the "Application for Rejection of Trademark Review" must be sent to the Trademark Review and Adjudication Board.
(5) Pay the trademark review fee.
If the above requirements are met, the Trademark Review and Adjudication Board will accept the application. If the procedures are not complete, the application documents will be returned and reissued within a time limit. The Trademark Review and Adjudication Board will make a final decision based on the majority opinion of the members after analysis, study, and collective discussion. If the majority of members believe that the reasons for the re-examination application are valid, the final decision will be to deny the Trademark Office's rejection opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reasons for the re-examination application are not valid, the final decision will be to uphold the Trademark Office's rejection opinion and not approve the application. Preliminary review and then rejection. Once the Trademark Review and Adjudication Board's final decision is made, it will have legal effect and both the applicant and the Trademark Office must implement it.
II. Review Materials
1. A copy of the corporate business license (with official seal)
2. Trademark conception and use (mainly highlighting visibility) )
3. Company profile
4. Various honors received by the company
5. The company's sales, advertising expenses and related financial conditions in the past three years.
6. Originals and copies of corporate media reports or picture advertisements
7. Originals and copies of the appearance of the products sold by the company
8. Others that can prove the company's products and famous evidence and materials
9. Documents proving the earliest use of this trademark
10. The applicant needs to classify and number the evidence materials submitted one by one and make a catalog list. The source of the evidence and the specific facts to be proved should be briefly described and stamped with the official seal.
3. Instructions for filling in
1. This application form (home page) is applicable to applications for review of rejected trademark registration applications filed in accordance with Article 32(1) of the Trademark Law.
2. Specific review requests, reasons, factual basis and relevant evidence should be attached in accordance with the requirements of the "Trademark Review Rules" and the attached "Application for Review of Refusal of Trademark Registration Application" (text format), together with this document. Submit the application form (home page) together. If you apply for review of some goods or services, you must specify it in the attached materials.
3. If the trademark applied for is international registration, ?G? should be added before the registration number.
4. If the applicant is a foreigner or foreign enterprise, he must fill in the accurate name and valid contact address. If the applicant is a natural person, his or her identity document number should be filled in after his or her name.
5. ***If a party with a trademark files a review application for rejection of a trademark registration application, it shall designate one person as the representative; if there is no designated representative, the order shall be as stated in the trademark registration application. One person is the representative. In the applicant and contact column of this application form (home page), only the name, address, contact person and contact number of the representative should be filled in. Other parties should be stated in the attached materials. Any change in the representative must be authorized by the represented party in writing.
6. A foreigner with a habitual residence or business office or a representative authorized by a foreign enterprise to handle the rejection of a trademark registration application. Trademark rejection