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What are the reasons for not applying for trademark registration review?
what are the reasons for not registering a trademark for reexamination? In the original objection review procedure: Article 33 of the Trademark Law of the People's Republic of China (revised in 21) raises an objection to a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party. Once the objection application is supported, the trademark applicant puts forward an objection review, and the objector can make a "defense" in the objection review procedure, and it is necessary for the objector to actively participate in the objection review procedure. 1. Elaboration and proof of facts and reasons; (2) Submit new evidence for the objection reasons supported by the Trademark Office; (3) other reasons that are advocated in the objection procedure, but are not used as the basis for ruling by the Trademark Office; ④ Reasons and evidence not claimed in the objection procedure. -There is little connection between the objection review procedure and the objection procedure, but it is necessary for the Trademark Review and Adjudication Board to consider the materials of the objection procedure (especially the respondent of the objection review failed to reply and provide evidence). At present, in the procedure of re-examination of non-registration: Paragraph 3 of Article 35 of the Trademark Law of the People's Republic of China (Revised in 213), the Trademark Office makes a decision not to register, and if the dissenter refuses to accept the decision, he may apply to the Trademark Review and Adjudication Board for re-examination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party. In fact, the dissenter has been deprived of the right to reply and appeal, and can only make comments. Paragraph 2 of Article 21 of the Trademark Review and Adjudication Rules (revised in 214) states that the Trademark Review and Adjudication Board shall notify the original objector to participate in and make comments when hearing a reexamination case against the decision of the Trademark Office not to register. The book's title is "Opinions of the Original Objection Participating in Re-examination of Non-registration". There are several problems here-but even if the Trademark Review and Adjudication Board doesn't adopt it, there is no right to appeal: ① Can the dissident submit new evidence for the objection reasons supported by the Trademark Office? (2) whether the objector can claim other reasons that are advocated in the objection procedure but not taken as the ruling basis by the Trademark Office? (3) whether the objector can put forward reasons and evidence that are not advocated in the objection procedure? Therefore, the dissenter actually became a guest in the procedure of refusing to register and review. Even if he loses the procedure of refusing to register and review, he will not be subject to the restriction of non bis in idem if he files an application for refusing to register again (Article 19, paragraph 2, of the Trademark Review and Adjudication Rules). -If the Trademark Review and Adjudication Board denies the answer to the above question because the objector has no right to appeal, then the actual non-registration review procedure and objection procedure will be changed to the relationship between rejection and rejection review. The registration of a trademark must be a trademark that has not been registered and the registrant has the right to use it completely. The rejection of the trademark policy for re-examination can only prove that the trademark does not meet the registration conditions. Or the holder of the trademark raised an objection to the registration of the trademark. Trademark registration is generally rejected for re-examination after filing an objection, and there is no time limit for filing an objection.