Second, there must be conditions.
(1) The applicant who rejected the trademark reexamination must be the original applicant whose trademark was rejected by the Trademark Office, and others are not eligible to apply.
(2) The application for trademark reexamination must be rejected within the statutory time limit.
(3) The content of the application for trademark reexamination shall be the accurate content in the rejected application for trademark registration, and the reasons for reexamination shall be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid.
(4) To apply for trademark reexamination and rejection, the original notice of trademark rejection, a copy of the envelope, the power of attorney for trademark reexamination and rejection application and the qualification certificate of the subject must be submitted to the Trademark Review and Adjudication Board.
(5) Paying the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned and corrected within a time limit. After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members. If the majority of members think that the reasons for applying for reexamination are valid, the final ruling denies the rejection decision of the Trademark Office, gives preliminary examination and approval, and issues a notice of preliminary examination and approval of trademarks; If the reasons for applying for reexamination cannot be established, it is finally decided to maintain the rejection opinion of the Trademark Office and reject the trademark application. Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it.
Third, review the materials
1. Copy of business license of enterprise as a legal person (with official seal)
2. Conception and use of trademarks (mainly highlighting popularity)
3. Company Profile
4. Various honors obtained by enterprises.
5. Sales, advertising expenses and related financial status of the enterprise in the past three years.
6. Original and photocopy of corporate media reports or photo advertisements.
7. Original and photocopy of the product appearance sold by the enterprise.
8. Other evidence and materials that can prove the product and popularity of the enterprise.
9. Proof of the earliest use of this trademark.
10. The applicant needs to classify and number the evidence materials submitted by him one by one and list the contents, briefly explain the source of the evidence materials and the specific facts to be proved, and affix the official seal.