Generally speaking, the applicant should read the notice of rejection carefully and find out the reasons for rejection. If he refuses to accept the reasons for rejection, he may request a review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.
The applicant may, within 15 days from the date of receiving the notice of rejection, ruling or revocation, request the Trademark Review and Adjudication Board for reexamination. If there are special reasons, you can apply for an extension before the expiration, and the extension time is 30 days, but you need to submit evidence of the extension, such as the certificate of the post office or neighborhood Committee.
If the applicant requests a review, it shall fill in the application for rejection and explain the reasons for applying for a review. Then submit it to the Trademark Review and Adjudication Board together with the Trademark Office's application for rejection and the trademark rejection notice, and attach relevant materials to prove the reasons for reexamination when necessary.
At the same time, the evaluation fee should also be paid.
It is a right of the parties to request a review of the decision of the Trademark Office to reject the application for registration. Due to the influence of the quality of the examiners and the inspection methods needed for trademark reexamination, some rejection decisions of the Trademark Office may be inappropriate, which is why about 20% of the reexamination applications were rejected after the preliminary examination by the Trademark Review and Adjudication Board.
2. Can the application for trademark registration be partially rejected?
Article 21 of the Regulations on the Implementation of the Trademark Law stipulates that the Trademark Office shall preliminarily examine and approve the applications for trademark registration accepted, and make an announcement if the applications for trademark registration of some designated commodities meet the requirements; If the application for registration of trademark use on some designated commodities does not meet the requirements, the application for registration of trademark use on some designated commodities shall be rejected, and the applicant shall be notified in writing and the reasons shall be explained. Where the Trademark Office preliminarily examines and approves the application for trademark registration on some designated commodities, the applicant may apply for abandoning the application for trademark registration on some designated commodities before the expiration of the objection period; Where an application is made to abandon the registration application for using a trademark on the goods specified in this part, the Trademark Office will withdraw the original preliminary examination and approval, terminate the examination procedure and make a new announcement. Therefore, this procedure is not a necessary procedure for substantive examination of trademarks.
Third, how to deal with the problem of partial rejection.
The notice of partial rejection of trademark registration is printed by the Trademark Office and sent directly to the applicant by registered mail. If it is represented by a trademark agency, it shall be sent to the trademark agency (except for the self-invitation).
If the notice of partial rejection of trademark registration is not delivered to the applicant or trademark agency for some reason and is returned by the post office, the Trademark Office will publish the Notice of Partial Rejection of Trademark Registration in the Trademark Announcement, which will be deemed to have been delivered within 20 days from the date of announcement. If you go through the relevant formalities in the Trademark Office within/0/5 days from the date of service, you will be allowed to resume legal procedures, otherwise it will be regarded as giving up your rights.