Re-examination of trademark rejection means that after the trademark applied for registration has been rejected by the Trademark Office, the applicant refuses to accept the reasons and legal basis of the trademark office's rejection and applies to the Trademark Review and Adjudication Board for re-examination. The application for reexamination of trademark rejection is based on the provisions of Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules. Then, what is the time and process of trademark rejection review? I will give you an answer from Bajie Zhichan Xiaobian. After reading the following contents, it will definitely help you.

what is the time and process of trademark rejection review?

1. Limitation of action for trademark rejection review ruling

1. If an application for trademark review 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; 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.

2. For the application for re-examination of an international registered trademark in Madrid, the time limit for re-examination shall be counted 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.

3. The application for trademark reexamination by the parties concerned 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.

4. Since the time limit review of the extension application can only be conducted when the application for reexamination is received, the Trademark Review and Adjudication Board will not conduct the time limit review when it receives the extension application, but will conduct the time limit review together with the formal reexamination document. 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.

II. What is the process of trademark rejection review

The application for trademark rejection review shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules.

1. Applicant qualification: It must be the original applicant whose trademark registration application was rejected by the Trademark Office.

2. Time limit for application: The applicant for trademark registration shall apply for reexamination within 15 days from the date of receiving the Notice of Trademark Refutation from the Trademark Office. In case of delay due to irresistible reasons or other justified reasons, an application for extension of 3 days may be made before the expiration of the period, and whether to grant the extension shall be decided by the Trademark Review and Adjudication Board.

3. Documents to apply for re-examination:

(1) The applicant shall submit an Application for Re-examination of Rejecting the Application for Trademark Registration to the Trademark Review and Adjudication Board (the applicant shall fill in the application carefully, especially fill in sufficient reasons for re-examination);

(2) Attached at the same time: the original Application for Trademark Registration stamped with the "Rejection" seal of the Trademark Office;

(3) the original Notice of Refutation of Trademark;

(4) trademark designs (1 original designs);

(5) An envelope sent by the Trademark Office to inform the trademark refutation (used to determine whether the reexamination is filed within the prescribed time limit);

(6) Other relevant certification materials and physical evidence;

(7) If the applicant needs to supplement relevant evidential materials after filing an application for review, it shall make a statement in the application form, and submit the same number of evidential materials as the application form within 3 months from the date of submitting the application form; If it is not stated in the application or not submitted at the expiration of the time limit, it shall be deemed as giving up the relevant evidence materials;

(8) other requirements: the trademarks, goods, services and other contents of the original Application for Trademark Registration cannot be changed.

4. review fee: those who apply for review should pay the application fee for trademark rejection review, and the current fee standard is 1,5 yuan per application.

5. If the Trademark Review and Adjudication Board finds that it meets the statutory acceptance conditions within 3 days from the date of receiving the Application for Rejection of Trademark Registration, it shall accept it and notify the applicant in writing; That does not meet the statutory conditions, notify the applicant in writing not to accept, and explain the reasons.

6. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but it needs to be corrected, it may make corrections within a time limit; If no correction is made within the time limit, it will not be accepted, the applicant will be notified in writing and all the application documents will be returned.

iii. How long does it take for a trademark to be rejected for reexamination

The parties concerned shall, in accordance with the provisions of the Trademark Law, submit the Application for Rejection of a Trademark to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice of rejection from the State Trademark Office, and attach the Application for Trademark Registration, the Notice of Trademark Rejection and other materials.

in rejecting the application for re-examination, the parties concerned shall clearly put forward the request for re-examination, provide relevant facts and evidence, and state the reasons why the State Trademark Office rejected the application for registration. The Trademark Review and Adjudication Board, after formal examination (if the formal examination is unqualified, it will not be accepted, and if the materials are insufficient, it will be required to complete it within a time limit), believing that the applicant's application for reexamination meets the statutory formal requirements, the Trademark Review and Adjudication Board accepts the application, and makes a comprehensive review and comment on the legality of the rejection decision of the Trademark Office and the facts, reasons and requests of the applicant for reexamination.

in the trademark rejection review procedure, the trademark review and adjudication board generally does not apply the public review procedure because it does not involve the cross-examination of the parties. After examination and appraisal, the Trademark Review and Adjudication Board shall notify the applicant for trademark rejection review in writing of its decision. A trademark that the Trademark Review and Adjudication Board decides should be preliminarily examined and approved shall be handed over to the State Trademark Office for preliminary examination and approval and announced.

if the party concerned fails to apply to the trademark review and adjudication board for rejection within 15 days after receiving the notice of rejection from the state trademark office, the notice of rejection from the trademark office will become legally effective.

it takes about one year to one and a half years to complete the whole trademark rejection review procedure.

Here, the small series of Bajie Intellectual Property Trademark Transfer Network reminds you that today's enterprise disputes are intellectual property rights competitions, and it has become a must for every enterprise to register and protect its own trademarks and patents in advance. Bajie intellectual property rights based on this, build a platform for intellectual property protection, and provide services such as trademark transfer, trademark registration and trademark purchase.