It also costs money to process a trademark review, especially if you entrust an agent. The editor has shared with you the compiled trademark review agency fees. Welcome to read, for reference only!
What does the review of a rejected trademark mean?
The review of a rejected trademark is This means that after a trademark registration application has been reviewed and rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for the rejection, and applies to the Trademark Review and Adjudication Board for review of the original case.
What is the fee for trademark rejection review?
Review fee: Those applying for review should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application. Within thirty days from the date of receipt of the "Application for Reexamination of Rejection of Trademark Registration Application", if the Trademark Review and Adjudication Board deems upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; if it deems that the statutory conditions are not met, it will notify the applicant in writing. The application will not be accepted and the reasons shall be stated. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it may make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned.
Agency fee: The agency fee of each agency organization is different, usually between 3,000 and 5,000.
What conditions should be met to apply for a rejected trademark review?
(1) The applicant for a rejected trademark review must be the original applicant for the trademark rejected by the Trademark Office. Others are not eligible to apply.
(2) To reject an application for trademark review, 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, two copies of the "Application for Refusal of Trademark Review" must be sent to the Trademark Review and Adjudication Board, together with the "Application for Trademark Registration" (original rejection by the Trademark Office) and the original trademark drawing. 10 copies, 1 black and white ink manuscript and "Notice of Trademark Rejection".
(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.
What is the role of trademark rejection review?
The Trademark Office’s review conclusion on the registration application is related to whether a trademark can be approved for registration, and to a certain extent, affects whether the trademark right can be established. . However, although the Trademark Office has strict examination procedures and standards, the registration examination of each trademark application is completed through the independent work of each examiner. Due to the differences in professional scope, knowledge and work experience of different examiners, There are individual differences, and the review work will inevitably be affected by subjective factors.
For the same type of case, different examiners may reach completely opposite judgment results. It is precisely because of the existence of this factor that it is impossible for the examiners of the Trademark Office to ensure that their judgments fully comply with the provisions of the law during the substantive examination, or that defects in their work will inevitably occur. In particular, due to the particularity of individual cases such as the review of trademark registration applications, it is impossible for applicants to fully reflect the objective circumstances of their applications in their applications. Only after they are rejected can they have the opportunity to fully provide them to the trademark review and review authority. Therefore, the quality of the examination work directly affects the quality of trademark registration and is also directly related to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law sets up a relief procedure for rejection review.
What is the deadline for trademark review application?
1. If the trademark review application is sent and received by mail, the calculation of the 15-day review time limit will be based on the receipt of the letter by the local post office and the date of issuance. The postmark date of the letter shall be regarded as the date of receipt and issuance by the party; if the postmark is unclear or there is no postmark, the date marked on the letter issued by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be postponed for 20 days as the date of receipt by the party. date, or the date on which the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) received the trademark review application will be dated back 20 days as the date of issuance by the party.
When the party or trademark agency submits the trademark review document, it should provide the envelope mailed by the Trademark Office in order to calculate the date on which the party received the rejection notice from the Trademark Office.
2. For Madrid international registered trademark review applications, the review time limit starts from the date marked on the rejection notice issued by the International Bureau. If the date of issuance of the document by the International Bureau cannot be provided, the date shall be calculated from the date marked on the trademark rejection notice issued by the Trademark Office to the International Bureau.
How to calculate the starting date for trademark review extension application
1. The parties concerned shall apply for trademark review within the time limit specified by law. Due to force majeure or other legitimate reasons, you can apply for an extension of 30 days before expiration. The extension application shall be submitted within 15 days from the date of receipt of the rejection notice from the Trademark Office, and the extension period shall be calculated from the 16th day.
2. Since the time limit review of the extension application can only be carried out when the reexamination application is received, the Trademark Review and Adjudication Board will not conduct a time limit review when receiving the extension application, but will wait until the formal reexamination is received. Documents will be reviewed together with a time limit. If the legal time limit is exceeded, the Trademark Review and Adjudication Board will not accept the application and notify the party or agent in writing.
The above is the trademark review agency fee provided by the editor. I hope it can be helpful to everyone.
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