Although the current big trend is trademark transfer, there are also many companies that want to register their names as trademarks, but what to do if the trademark application is rejected? Don’t worry, today Bajie Intellectual Property Network The editor teaches you how to do this!

1. First of all, let’s learn about trademark rejection

Trademark rejection means that the trademark applied for registration is found to be in violation of the relevant provisions of the Trademark Law after examination by the Trademark Office, and the Trademark Office rejects it in accordance with the law. the act of applying for registration.

2. The reasons for trademark rejection are summarized as follows

A. The trademark name violates the prohibitive provisions of the Trademark Law

B. The trademark and others The previously applied trademark is similar or identical

C. The trademark name contains a common name or lacks distinctiveness

3. What should we do after the trademark is rejected

The specific response methods Bajie Intellectual Property Editor has compiled for you are as follows:

1. First consider whether to file for review

Before filing for trademark rejection review, everyone must first clarify whether the trademark is Reason for rejection. If the trademark is rejected by the Trademark Office because it violates prohibitive clauses, is similar or identical to other people’s trademarks, contains common names, etc., even if a reexamination is filed, the likelihood of a successful reexamination is very low. If a trademark is rejected due to lack of distinctive features, the likelihood of a successful reexamination is still greater by submitting evidence to the Trademark Office that enhances the distinctiveness of the trademark.

2. If re-examination, please prepare relevant materials

The trademark applicant shall, within 15 days after receiving the paper version of the "Notice of Trademark Rejection" (within 30 days for electronic issuance), If reexamination is required, a reexamination application must be submitted to the Trademark Review and Adjudication Board. If the application exceeds the time limit, it will be deemed to be automatically abandoned.

3. You can sue in court

After submitting an application for rejection of review, you generally need to wait nine months (if there are special circumstances that require an extension, it can be extended with the approval of the industrial and commercial administration department of the State Council) It will take about three months to know the results of the review. If the trademark registration is still not approved, you can file a lawsuit with the People's Court (the lawsuit must be filed within 30 days from the date of receipt of the notice).

The above is what to do if the trademark applied for by the company was rejected today? Here’s how you can do it! All content. It is really difficult to register a trademark smoothly now. It is also very common for trademarks to be rejected. I hope that reading the above article can be helpful to corporate trademark registration. If you want to know more, you can Enter our Bajie Intellectual Property and Trademark Transfer Network.