For applicants who need it, it is inevitable that the trademark registration will be rejected. Because there is an element in the trademark composition that is the same as or similar to the same element in someone else's trademark, registration may fail. Then, can I still apply after the trademark application is rejected? I believe everyone is very concerned about this issue. Let's take a look at it with intellectual property rights!

The reasons why an application for trademark registration is rejected or partially rejected by the Trademark Office mainly include absolute reasons such as bad social influence and lack of distinctiveness of the trademark, and relative reasons that the trademark and the earlier application or registered trademark constitute similar trademarks on similar goods or services. Among them, the relative reasons for rejection due to prior trademarks are the most common. However, the rejection of a trademark application by the Trademark Office does not mean that the trademark must be sentenced to death. According to the Trademark Law, if the applicant refuses to accept the rejection decision, he may submit an application for rejection review to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Rejection. Different from the trademark application stage, the applicant can fully advocate his reasons and submit relevant evidence in the review stage. In practice, many trademarks that were initially rejected by the Trademark Office were finally registered through review procedures.

It is possible to successfully review the rejection, because the trademark rejection was made by the Trademark Office, but the trademark rejection application was made to the Trademark Review and Adjudication Board. The review standards of the Trademark Office and the Trademark Review and Adjudication Board are different, which are as follows:

1. The trademark office reviews the trademark completely based on the submitted materials, without considering the actual use of the trademark; And if the reasons for rejecting the review involve the actual use of the trademark, the business jury will consider it.

2. The standards of the Trademark Office and the Trademark Review and Adjudication Board are also slightly different: the Trademark Office basically reviews trademarks according to the review standards, while the Trademark Review and Adjudication Board will consider all aspects comprehensively.

3. Trademark examination is subjective, and different examiners may get completely different results. Based on the subjectivity of trademark review, it is possible to file a trademark rejection review.

frequently asked questions: notice of trademark rejection review

of course, the above is general and specific to each case will be different. However, there is a view that must be wrong, that is, if a trademark is rejected, it must not be applied for, or there is no chance of success in filing a review. Of course, if the reason for the rejection of a trademark is that there is a prior identical trademark, or the Chinese and English parts are exactly the same as the prior trademark, it is useless to file a re-examination. Therefore, it can't be said in general that the rejected application for retrial will definitely pass or the rejected application will definitely have no chance to pass. If you still have questions about trademarks, you can consult a professional intellectual property consultant.