I received the trademark rejection notice, and I was confused at that time! I felt that my trademark registration application was unsuccessful. What should I do!

Don’t worry! If your trademark application is rejected, you can file a rejection review with the Trademark Review and Adjudication Board. If you are still dissatisfied with the Trademark Review and Adjudication Board’s decision, you can choose to sue the Trademark Review and Adjudication Board and enter the judicial process. It is still possible to succeed!

Many people often feel that if a trademark is rejected at the beginning, there is little hope of getting the trademark back through administrative or judicial procedures. Let me tell you, that's not the case.

There is still hope for a rejected trademark. A rejected trademark can be resolved through administrative means first. If you are not satisfied with the review results of the administrative agency, you can choose to enter judicial proceedings. The key to victory is that if the right holder’s trademark rights enter judicial proceedings, some trademark-related circumstances in the trademark case will change over time, and these circumstances may even affect the outcome of the judgment.

1. What materials are needed for trademark rejection review

Some absolute reasons for rejection can be applied for review, but some relative reasons for rejection absolutely cannot be applied for review, which will take a while Fax the "Notice of Trademark Rejection" to a professional trademark agent for review. If a professional agent considers that it is appropriate to apply for a rejection review after comprehensively checking relevant laws, regulations and agency experience, the following materials are generally submitted:

(1) Original "Notice of Trademark Rejection";

(2) The Trademark Office mails the envelope of the "Notice of Trademark Rejection" (the local postmark must be clear);

(3) A copy of the applicant's qualifications (business license or ID card);

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(4) Power of attorney for trademark review;

(5) Copies of all relevant materials, photos, contracts, etc. for prominent use in the trademark application.

2. The role of trademark rejection review

(1) One more opportunity for communication and reasoning. ?Why did the Trademark Office reject the application? I’m not convinced!? If you are dissatisfied with the reasons 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 reviews are easy to succeed. After the review ruling is issued, it is very likely that the "Trademark Registration Certificate" can be obtained within one year; but once the review is abandoned, it will take three to five years to start all over again!

( 4) The added value of a trademark 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 a "TM" state. The application for trademark rejection review, once successful, may be able to change the development destiny of an enterprise!

Note: TM means that the trademark has been applied to the National Trademark Office, and the National Trademark Office has also issued the " "Notice of Acceptance" has entered the opposition period, which can prevent others from filing repeated applications and also means that existing trademark holders have priority to use the trademark.

3. The success rate of trademark rejection review

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:

Trademark registration application is a review system in which a staff member of the Trademark Office combines mutual comparison of previously registered or previously applied trademarks, electronic review, independent judgment, partial similarity and overall rejection;

Trademark rejection review It is a review system in which the Trademark Review and Adjudication Board is composed of a collegial panel of three people, making a comprehensive judgment based on the reasons for trademark rejection, the factual reasons for trademark rejection review, and the actual use evidence materials submitted, conducting a written review, comprehensive understanding, and the minority obeying the majority.

As far as the two are concerned, the Trademark Office examines it by one person, which is highly subjective. Different people 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.

4. What to do if the trademark rejection review is unsuccessful

There are two options for the unsuccessful trademark rejection review.

Option 1: Avoid the reasons for rejection and re-register. Apply for a new trademark;

Option 2: sue the trademark review committee and continue to state the applicant’s legitimate reasons through administrative litigation. Of course, those who are not satisfied with the judgment can also appeal to the Higher People's Court and resolutely protect their legitimate rights and interests from infringement in accordance with the law.