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What to do when a trademark is partially rejected

What to do when a trademark is partially rejected

The new "Trademark Law" stipulates that applicants use a multi-class method to register a trademark, that is, submit a trademark registration application Applications for trademark registration in multiple categories. The original intention is to facilitate applicants to register trademarks, but in actual operations, new problems have also arisen, that is, what to do when trademark registration fails in some categories?

According to the "Trademark Law" According to the provisions of the Implementation Regulations, the solution is to split the trademark. That is to say, the original trademark with multiple categories and one registration number is divided into two trademarks. The part that passes the review will be converted into a new trademark with a registration number, and the part that is rejected will be the original registration number. Trademarks that pass the review will be announced in advance, and trademarks that fail the review will undergo further review or other processing.

Some people may think that it is troublesome to divide it, so is it possible not to divide it? Of course it is possible, but it should be noted that if it is not divided, even if it is a category that has passed the review, Some will not be immediately announced for preliminary review. Therefore, there is only one registration number, which may cause misunderstanding by others once it is announced. For trademarks that are not divided, the Trademark Office will notify the applicant of the partial rejection, and the applicant's request for rejection of review will be announced together with the approval after the review ruling. If the review is not passed or the review is directly abandoned, only the approved category portion will be announced.

Another disadvantage of not splitting is that it will take a lot of time because you have to wait for the review results of some rejected trademarks. For those who are eager to obtain exclusive rights to trademarks or want to obtain prior rights as soon as possible. For applicants, division is still necessary. (Zhuoyi Intellectual Property)