As we all know, the procedure for trademark registration is not difficult. What is difficult is the follow-up procedure if the trademark registration application is rejected. However, there are also relief procedures after the trademark is rejected. You can apply to the Trademark Review and Adjudication Board within the statutory period. Apply for review. So, how long does it usually take to review a trademark rejection?

1. How long does it usually 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 there is delay due to force majeure or other legitimate reasons, you may apply for an extension thirty days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.

3. Documents for application for reexamination:

(1) The applicant shall submit the "Application for Reexamination of Rejection of Trademark Registration Application" to the Trademark Review and Adjudication Board (the applicant should carefully fill in the application form , especially to fill in sufficient reasons for review);

(2) Also attached: the original "Trademark Registration Application" stamped with the "Rejection" seal of the Trademark Office;

(3 ) The original copy of the "Trademark Rejection Notice";

(4) Trademark drawings (10 original drawings);

(5) The envelope from the Trademark Office sending the trademark rejection notice ( (used to determine whether the reexamination is submitted within the specified time limit);

(6) Other relevant supporting materials and physical evidence;

(7) The applicant needs to add additional information after submitting the review application Relevant evidentiary materials shall be stated in the application, and the same number of evidential materials as the application shall be submitted within 3 months from the date of submission of the application; if it is not stated in the application or is not submitted within the time limit, it shall be deemed that Give up supplementing relevant evidence materials;

(8) Other requirements: The trademark, goods, services and other contents filled in the original "Trademark Registration Application" cannot be changed in any way.

4. Review fees: Those who apply for reexamination should 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 it deems it inappropriate 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 explained.

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. .

To sum up, the above is the answer to how long the trademark rejection review usually takes. It should be noted that even if the trademark registration is rejected, it can be re-registered successfully. The trademark rejection review is such an opportunity, but it must be It should be noted that during trademark rejection review, you must be prepared to improve the application materials of the rejected trademark, etc., and obtain the approval of the Trademark Review and Adjudication Board, so that the trademark registration can be successful.

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