Current location - Trademark Inquiry Complete Network - Trademark registration - How long does it take to review a trademark rejection and what is the process?
How long does it take to review a trademark rejection and what is the process?

If the trademark registration application is rejected, the applicant can apply to the Trademark Review and Adjudication Board for review. But how long will it take for the trademark rejection review to be reviewed? Many people may not be very clear about it, so let Intellectual Property Rights give you a detailed answer.

1. How long does it take to review a trademark rejection?

In accordance with the provisions of the Trademark Law, the party concerned shall, within 15 days from the date of receipt of the rejection notice from the National Trademark Office, submit the "Rejection of Trademark Review Application" to the Trademark Review and Adjudication Board for review, and at the same time attach the "Trademark Registration" Application", "Trademark Rejection Notice" and other materials.

In the rejection of the reexamination application, the party concerned shall clearly request a reexamination, provide relevant facts and evidence, and state the reasons why the National Trademark Office’s rejection of the registration application is untenable. The Trademark Review and Adjudication Board receives the party's application and, after formal review (if the formal review fails, it will not be accepted; if the materials are insufficient, it will be required to be completed within a time limit). It considers that the applicant's reexamination application meets the statutory formal requirements, and the Trademark Review and Adjudication Board accepts the application. , and conduct a comprehensive review and evaluation of the legality of the Trademark Office's decision to reject and the facts, reasons, and requests of the applicant for review.

In the trademark rejection review process, since cross-examination by the parties is not involved, the Trademark Review and Adjudication Board generally does not apply the public review process. After review and evaluation, the Trademark Review and Adjudication Board will notify the trademark rejection review applicant in writing of its decision. The trademarks that the Trademark Review and Adjudication Board decides should be subject to preliminary review will be handed over to the National Trademark Office for preliminary review and announcement.

If the party concerned fails to submit a rejection review application to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the rejection notice from the National Trademark Office, the rejection notice from the Trademark Office will become legally effective.

It takes about one to one and a half years to complete the entire trademark rejection review process.

2. What is the review process for trademark rejection?

Application for trademark rejection review shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review Rules.

1. Applicant qualifications: must be the original applicant whose trademark registration application was rejected by the Trademark Office.

2. Application time limit: The trademark registration applicant shall apply for review within 15 days from the date of receipt of the "Trademark Rejection Notice" from the Trademark Office for the trademark registration application. If the application is delayed due to force majeure or other legitimate reasons, you may apply for an extension 30 days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.

3. Documents for application for reexamination: The applicant shall submit the "Application for Reexamination of Refusal of Trademark Registration Application" to the Trademark Review and Adjudication Board.

4. Review fees: Application for reexamination shall be Pay the trademark rejection review application fee. The current fee standard is 750 yuan per application.

5. Within thirty days from the date of receipt of the "Application for Reexamination of Refusal of Trademark Registration Application", if the Trademark Review and Adjudication Board determines upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; If the legal conditions are met, the applicant will be notified in writing that the application will not be accepted and the reasons will be stated.

6. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but needs to be supplemented and corrected, it can be supplemented within a time limit; if no supplements or corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned. .

The above is how long does it take to review a trademark rejection? What is the process? related content. How to write the reasons for review of trademark rejection? When applying for trademark rejection review, you need to pay attention to two times. One is the time within which an application for review can be submitted, and the other is the time within which the Trademark Review and Adjudication Board should issue the review result. Regarding the time for review of trademark rejection, Intellectual Property has explained it above. I hope it will be helpful to you. If you have any other questions, please feel free to consult Bajie, and the customer service staff will provide you with professional answers. Trademark rejection review tips Trademark rejection review considerations Trademark rejection review time