What should I do if my trademark application is rejected?

1. File a withdrawal and re-examination with the Trademark Office

This method only applies to cited trademark applications that have been registered for three years. year situation. If the cited registered trademark has been cited for three years, you can apply to withdraw the trademark that the other party has not used in the past three years. After withdrawing, apply for trademark review to obtain the trademark you want to register.

2. Reexamination and postponement of review

If some of the cited trademarks have expired and have not been renewed for less than one year, others cannot apply for the trademark. Even if they apply, they will not be approved. At this time, the rights to be opposed or withdrawn from review during the legal review of the trademark are unstable. The trademark reexamination is postponed (9 months to 3 months) for exactly one year. When the cited trademark is invalid, you can take this opportunity to obtain the registered use right of the trademark.

3. Review and re-application

If the trademark you apply for is a combination of pictures and text, you can use this method. If a trademark is rejected because of similar designs, the applicant can selectively separate the designs and text and then apply again. At the same time, similar parts will be reviewed in other ways to obtain the right to use the corresponding type.

4. Split? Trademark rejection review

If some of the types of the applied trademark can be registered, you can first register these types to obtain the right to use it. Then choose a suitable method to conduct trademark review for the rejected type.

5. Partial review

If the applied trademark is similar to several trademarks, for example, the pattern is similar to trademark A and the text is similar to trademark B, then we can choose to abandon the product that is the same as trademark A. Or for some types of services, if you go through a reexamination, the probability of passing the trademark application will be much higher.

6. Legal review

If the applied trademark is the same as the company’s trade name, and the company registered it earlier than the cited trademark, relevant documents can be issued based on the first-to-file principle. The evidence is subject to legal review. In addition, if you have other objections to the trademark application, you can also go through legal procedures for review!