In recent years, more and more companies have paid attention to the protection of intellectual property rights, especially trademarks. Because with the increase in the number of trademark registrations, trademark registration is becoming more and more difficult. Many companies' registered trademarks have been rejected due to similarity. Many people have asked Biaomei whether the success rate of review is high for similar trademarks that have been rejected? Is the trademark rejection review process complicated?
Is the success rate of re-examination of rejected trademarks high? These trademarks have a higher chance of success in rejection review:
1. Identical trademarks in the same category;
2. Similar trademarks in the same category;
3. Trademarks in the same category Partly identical and partly similar;
4. Different categories really protect the same goods;
5. Different categories really protect similar goods;
6 .Identical trademarks or similar trademarks with later application dates;
Trademarks that have been rejected for the above six reasons can still be "rescued". The following perspectives can be used as entry points during review:
The certification mark is original and distinctive, and will not cause misunderstanding or confusion to the public;
Prove that there are significant differences between the trademark and the certification mark in terms of shape, constituent elements, and overall appearance, and will not cause any confusion. It will cause confusion to the public and does not constitute similarity;
If the trademark is rejected and has been put into use, it can be proved that the trademark has been in use and publicized for a long time and has a certain degree of popularity. As for the trademark rejection review process:
(1) The applicant for trademark rejection review must be the original applicant for the trademark rejected by the Trademark Office. Others are not eligible to apply.
(2) To reject a trademark review application, 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 reexamination application are valid, the final decision will be to deny the Trademark Office's rebuttal opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reexamination application reasons are untenable, the final decision will be to uphold the Trademark Office's rebuttal 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.
The above is about the success rate of trademark rejection review and the trademark rejection review process. At present, it basically takes a year to register a trademark successfully, and if the trademark is rejected, the trademark If there is any objection, trademark registration can even take up to two years. Therefore, Biaomei recommends that everyone buy a trademark. The whole process only takes 4-6 months, and you can own this trademark. Trademark purchase: Is the success rate of trademark rejection review high? The trademark is similar and rejected. Trademark review process. Trademark rejection review p>