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Can the trademark still be used if the trademark registration review is rejected?

From the perspective of the reasons for trademark rejection, trademark rejection is divided into absolute reasons for rejection and relative reasons for rejection. In layman's terms, the reason for absolute rejection is that it violates the prohibitive provisions of the Trademark Law, that is, a sign that cannot be registered as a trademark cannot be registered for use as a trademark. For example: "China", "Germany" (if you are interested, it is recommended to check the provisions of Article 10 of the Trademark Law). There are basically two reasons for rejection. One is that it violates the relevant provisions of the Trademark Law, that is, in principle, it cannot be registered and used as a trademark, but through use, it has formed a strong distinctiveness, which is convenient for consumers to identify and defend. If it is recognized, it can be registered and used as a trademark. Another situation is when the applied trademark is completely or partially similar to a previously applied or registered trademark or is similar across categories. If your trademark involves any of the above absolute or relative rejection grounds, it will be rejected. If you encounter an absolute reason for rejection, I do not recommend applying for a rejection review; if you encounter a relative reason for rejection, and you think the reason is a bit reluctant, it is recommended that you apply for a rejection review in a timely manner, exhaust your legal rights in accordance with the law, and work hard to fight for it.

Some of the above-mentioned absolute reasons for rejection can be applied for review, but some relative reasons for rejection absolutely cannot be applied for review. This requires faxing the "Trademark Rejection Notice" to the professional trademark agent as soon as possible. check. If a professional agent considers that it is possible to apply for rejection review after comprehensively checking relevant laws, regulations and agency experience, the following materials are generally submitted: (1) Original "Notice of Trademark Rejection"; (2) "Notice of Trademark Rejection" mailed by the Trademark Office (The local postmark must be clear); (3) A copy of the applicant’s qualifications (business license or ID card); (4) A power of attorney for trademark review; (5) All relevant materials for applying for “prominent use” of the trademark , photos, copies of contracts, etc.;

(1) One more opportunity for communication and reasoning. “Why did the Trademark Office reject the application? I’m not convinced!” If you are not convinced by the reason for the Trademark Office’s rejection, you can fully explain your reasons and opinions through the Trademark Review and Adjudication Board. (2) It can effectively delay time. Some trademarks are applied by the same applicant, but due to the applicant's name change, if the applicant fails to submit a change application to the Trademark Office in time, he or she can explain the situation to the Trademark Review and Adjudication Board and go through the relevant procedures before it can be approved. (3) The period for obtaining evidence can be greatly shortened. Some trademark re-examinations are easy to succeed. After the re-examination ruling is issued, it is very likely that the "Trademark Registration Certificate" can be obtained within one year; but once the re-examination is given up, it will take three to five years to start all over again! (4) The added value of trademarks can be easily increased. Many trademarks have been "TM" for many years, which has resulted in a large number of companies operating and producing in the "TM" state. Once the application for trademark rejection review is successful, it may be able to change the development destiny of an enterprise!

To ask about the success rate of trademark rejection review, let’s first take a look at the composition of the reviewers and the review system of the two: The trademark registration application is made by a staff member of the Trademark Office based on the comparison of previously registered or previously applied trademarks. A review system that includes pairing, electronic review, independent judgment, partial resemblance and overall rejection; Trademark rejection review is a collegial panel composed of three people by the Trademark Review and Adjudication Committee, which combines the reasons for trademark rejection, the factual reasons for trademark rejection review and the actual use evidence materials submitted A review system that includes comprehensive judgment, written review, comprehensive grasp, and the minority obeys the majority. As far as the two are concerned, one person in the Trademark Office examines the trademarks, which is highly subjective. Different people have different opinions, and the wise have different opinions. For the same trademark, some people think it is similar, and some people think it is not similar. The Trademark Review and Adjudication Board is a three-person collegial panel that emphasizes facts and evidence, so its success rate can be imagined.

There are two options for unsuccessful trademark rejection review. Option 1: circumvent the reasons for rejection and re-register and apply for a new trademark; Option 2: sue the Trademark Review and Adjudication Committee to the Beijing No. 1 Intermediate People’s Court through administrative litigation. to continue stating the applicant’s legitimate reasons. Of course, those who are dissatisfied with the judgment of the Beijing No. 1 Intermediate People's Court can also appeal to the Beijing Higher People's Court and resolutely protect their legitimate rights and interests from infringement in accordance with the law.