If a trademark has been rejected, but you still want the trademark, generally instead of filing another application, you should file for rejection review within fifteen days of receiving the rejection notice.

There is a possibility of success in the rejection review, because the trademark rejection is made by the Trademark Office, but the trademark rejection application is submitted to the Trademark Review and Adjudication Board. The review standards of the Trademark Office and the Trademark Review and Adjudication Board are different, as shown in:

1. The Trademark Office review is entirely based on the submitted materials and will not consider the actual use of the trademark; and if the reasons for refusing review involve the actual use of the trademark, the Trademark Review and Adjudication Board will consider it.

2. The Trademark Office and the Trademark Review and Adjudication Board have slightly different standards for judging whether trademarks are similar: the Trademark Office basically reviews according to examination standards, while the Trademark Review and Adjudication Board considers more comprehensive aspects.

3. Trademark examination is highly subjective, and different examiners may obtain completely different results. Based on the subjectivity of trademark examination, there is a chance of passing the trademark rejection review.

Of course, the above is general, and each case will be different. However, there is one point of view that is definitely wrong, that is, if a trademark is rejected, you cannot apply for it, or there is no chance of success if you file a reexamination. Of course, if the reason for the rejection of the trademark is that there is an earlier identical trademark, or the Chinese and English parts are exactly the same as the earlier trademark, then it is useless to file for reexamination. Therefore, it cannot be generally said that a reexamination that is rejected will definitely pass or a reexamination that is rejected will have no chance of passing.

The value of a trademark is intangible and may bring huge value to a company. Therefore, it is recommended that you entrust a professional law firm or agency to apply for a trademark. Since the current fees of domestic agencies are not expensive, and applying for a trademark does require professional knowledge, it is not recommended that companies apply by themselves.