Currently, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories. But even if you notice these, it may still be rejected during the application process. So: How to deal with partial rejection of a trademark? The following will give you the answer:
1. Reasons why the trademark part was rejected
The trademark part is generally rejected for registered trademark applications for goods. When a trademark covers a variety of different goods, the application for trademark registration on certain goods can be rejected, and a preliminary review announcement can be made for the registration of other specified goods that meet the regulations. The reason why other parts can pass the preliminary examination is because each trademark can be regarded as a separate category of product registration application when applying for registration. As long as one category passes, the trademark will be partially valid, and the illegal part will be rejected.
2. How to deal with partial rejection of a trademark?
The only remedy for a partially rejected trademark is to apply for trademark rejection review. After receiving the rejection notice, the trademark applicant can first check the rejected items and reasons for the trademark part. If it is the applicant's main project, it is recommended that you apply for a trademark rejection review to the Trademark Review and Adjudication Board in a timely manner; if the rejected part is inconsistent with the application If the types of projects operated by the applicant are very different, the applicant may choose not to review the application.
If the trademark registrant decides to apply for review, he needs to prepare relevant materials for application for rejection review within the deadline and submit them to the Trademark Review and Adjudication Board, and at the same time pay the official fee for rejection review of RMB 750.
After receiving the trademark rejection review application, the Trademark Review and Adjudication Board will send an acceptance notice to the applicant in about two months. The review cycle is generally about one and a half years. After the trademark rejection review process is completed, if the review is successful, the Trademark Review and Adjudication Board will transfer the review results to the Trademark Office, and then make a review announcement in accordance with the procedures. A registration certificate will be issued after no objection is raised; if the review fails, the applicant can submit the review to the Trademark Office within 30 days. Apply to the Intermediate People's Court for litigation.
3. Documents required for trademark rejection review
1. The original copy of the "Notice of Trademark Rejection".
2. A copy of the information (business license or ID card) that can prove the qualifications of the trademark applicant.
3. Copies of all relevant materials that can prove the "prominent use" of the trademark applied for by the applicant, including products, publicity, photos, contracts, etc.
4. If you need to entrust a trademark agency, you also need to submit a power of attorney for trademark review
The above is how to deal with partial rejection of trademarks organized by intellectual property rights? The answer is, if your trademark has been rejected, don’t be discouraged. Just follow the information compiled by the intellectual property rights and operate step by step. If you have any other questions, you can consult Bajie for more details.