(1) Receipt of the rejection notice
1. After receiving the rejection notice, the trademark applicant should pay attention to the postmark on the envelope of the rejection notice sent by the Trademark Office. There is a time limit for rejection of review and will become invalid upon expiration. There are currently two calculation methods.
A. Issue date 15 days travel time 15 days review request time = 30 days.
B. The envelope must be postmarked 15 days.
2. Look at the type of rejection (whether it is a total rejection or a partial rejection). If it is a total rejection, look at the reasons for the rejection and whether there is a chance of successful reexamination (if the applicant has no reexamination experience, you can find The agency organization will help analyze) to decide whether to review. If it is a partial rejection, check whether the rejected goods or services belong to your main business, and consider whether to review it based on other factors. If it is reviewed, process it as soon as possible because there is still a lot of preparation work to be done and time is limited.
(2) Preparatory work
1. Prepare materials for rejection of review
(1) Application for rejection of review
(2 ) Reasons for rejection and review
(3) Original notice of rejection and envelope
(4) Letter of attorney (if no agency is appointed, the letter of attorney is not required)
(5) Copy of the applicant’s qualification certification document
(6) Other evidentiary materials
A. Copy of notice or certificate of acceptance of trademark registration at home and abroad
>B. Whether the trademark is a well-known, well-known, well-known trademark
C. Evidence of use of the trademark (copies or originals) such as packaging, advertising, publicity, contracts, sales documents, etc.
D. Other materials that are helpful for review of the case
Among the above materials, if there is no time to prepare all the materials due to time constraints, we can first submit the application, a brief letter of reasons for rejection, and a notice of rejection. A copy, a copy of the business license, and a copy of the power of attorney from an agency can also be submitted first. Other supplementary evidence materials can be added within three months after submitting the application.
(3) Submit application
After the materials for rejection review are prepared, sort them out. Submit to the Trademark Review and Adjudication Board. At the same time, pay the official fee of RMB 750 for rejection review.
(4) Follow-up of the rejection review
1. The acceptance notice will be issued in about two months
2. The ruling will be issued in about one and a half years
3. Successful reexamination - transfer to the Trademark Office - announcement - issuance of certificate
4. Failed reexamination - give up or litigate (Beijing First Intermediate People's Court)