A trademark is a distinctive symbol of words, graphics, letters, numbers, three-dimensional signs, sounds and colors, or the combination of the above elements, which is adopted by the producers and operators of commodities on the commodities they produce, manufacture, process, select or distribute or the services provided by service providers. It is a product of modern economy. So how much do you know about trademark review? The following is a detailed introduction to the relevant legal knowledge of trademark review by Xiaobian. Three situations of trademark reexamination

According to Article 28 of the Regulations for the Implementation of the Trademark Law, the Trademark Review and Adjudication Board has the right to hear trademark rejection reexamination cases, trademark objection reexamination cases and trademark revocation reexamination cases.

trademark rejection review case: refers to a case in which an applicant for trademark registration refuses to accept the decision of the Trademark Office to reject the application for trademark registration and not to make an announcement, and applies to the Trademark Review and Adjudication Board for a review in accordance with Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board decides according to law.

Trademark objection review case: refers to a case in which an applicant for trademark registration refuses to accept the trademark objection ruling of the Trademark Office and applies to the Trademark Review and Adjudication Board for review in accordance with Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board hears the ruling.

trademark revocation review case: refers to a case in which an applicant for trademark registration refuses to accept the decision on whether to revoke a registered trademark voluntarily by the Trademark Office according to the provisions of Articles 44 and 45 of the Trademark Law, or whether to revoke the request for not using the trademark for three consecutive years, and can apply to the Trademark Review and Adjudication Board for review according to the provisions of Article 49 of the Trademark Law, and the Trademark Review and Adjudication Board will hear the decision.

Remarks: If the applicant for trademark registration is not satisfied with the ruling of the Trademark Review and Adjudication Board, he may bring a suit in Beijing No.1 Intermediate People's Court within 3 days from the date of receiving the notice.

Basic contents of trademark reexamination

1. Types of trademark reexamination:

1. Reviews where the parties are dissatisfied with the rejection of the trademark registration application by the Trademark Office;

2. review of the refusal of the trademark office to accept the application for transfer of a registered trademark;

3. An application that the party concerned refuses to accept the rejection of the application for renewal of a registered trademark by the Trademark Office;

4. Review of the objection ruling of the Trademark Office by the parties concerned;

5. Review of the parties' dissatisfaction with the cancellation of the registered trademark by the Trademark Office;

6. review of the parties' dissatisfaction with the cancellation of the improperly registered trademark by the Trademark Office;

II. Time for reexamination

The applicant may request reexamination to the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice of rejection, ruling or revocation. If there are special reasons, you can apply for an extension before the expiration, and the extension time is 3 days, but you need to submit the evidence of the extension, such as the certificate of the post office or the neighborhood Committee. Prove a reasonable reason for receiving the notice of rejection, ruling or cancellation late!

III. Documents and materials to be provided:

1. Power of Attorney for Trademark Agency: If a trademark agency is entrusted, a power of attorney stamped with the applicant's stamp shall be provided. Applicants from outside the mainland who want to apply for trademark reexamination in China must entrust a trademark agency.

2. various applications for reexamination: if an agency is entrusted to apply for trademark reexamination, it shall be made by the agency.

3. Reasons and evidential materials

IV. Ruling of reexamination

The Trademark Review and Adjudication Board will make a final ruling on whether to approve or disapprove the registration for the reexamination of rejection or objection of registration, and notify the relevant parties in writing.

The Trademark Review and Adjudication Board will make a final ruling on maintaining or revoking the trademark for other reexaminations, and notify the relevant parties in writing.

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