Trademark rejection review process
1. What materials are needed for trademark rejection review
Some absolute reasons for rejection can be applied for review, but some relative reasons for rejection are absolute If you cannot apply for reexamination, you need to fax the "Notice of Trademark Rejection" to a professional trademark agent for review as soon as possible. If a professional agent considers that it is appropriate to apply for a rejection review after comprehensively checking relevant laws, regulations and agency experience, the following materials are generally submitted:
(1) Original "Notice of Trademark Rejection";
(2) The Trademark Office mails the envelope of the "Notice of Trademark Rejection" (the local postmark must be clear);
(3) A copy of the applicant's qualifications (business license or ID card);
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(4) Letter of attorney for trademark review and adjudication;
(5) Copies of all relevant materials, photos, contracts, etc. for prominent use during the application for the trademark.
2. How much does it cost and how long does it take to review a trademark rejection?
To apply for a trademark rejection review, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce charges 1,500 yuan per application; agencies generally charge 1,500-3,000 The case writing fee ranges from RMB 3,000 per case, namely: RMB 3,000, RMB 3,500, RMB 4,000, RMB 4,500 per case, etc.
As for how long it takes to review the rejection, judging from the existing Trademark Review and Adjudication Board ruling documents, except for the 25th category, which takes about a year, the other categories are almost 6-8 months. about. (It is said that the review will be accelerated!)
3. The role of trademark rejection review
(1) One more opportunity for communication and reasoning. ?Why did the Trademark Office reject the case? I am not convinced!? If you are not convinced by the reasons for the Trademark Office’s rejection, you can fully explain your reasons and opinions through the Trademark Review and Adjudication Board.
(2) It can effectively delay time. Some trademarks are applied by the same applicant, but due to the applicant's name change, if the applicant fails to submit a change application to the Trademark Office in time, he or she can explain the situation to the Trademark Review and Adjudication Board and go through the relevant procedures before it can be approved.
(3) The period for obtaining evidence can be greatly shortened. Some trademark reviews are easy to succeed. After the review ruling is issued, it is very likely that the "Trademark Registration Certificate" can be obtained within one year; but once the review is abandoned, it will take three to five years to start all over again!
( 4) The added value of a trademark can be easily increased. Many trademarks have been "TM" for many years, which has resulted in a large number of companies operating and producing in a "TM" state. When applying for trademark rejection review, once successful, it may be able to change the development destiny of an enterprise!
4. The success rate of trademark rejection review
To ask, what is the success rate of trademark rejection review? Let’s first take a look at the composition of the examiners and the review system of the two:
A trademark registration application is a combination of mutual comparison, electronic review, independent judgment, and partial review of previously registered or previously applied trademarks by a staff member of the Trademark Office. A review system that is similar to an overall rejection;
Trademark rejection review is a collegial panel composed of three people by the Trademark Review and Adjudication Committee, which combines the reasons for trademark rejection, the factual reasons for trademark rejection review and the actual use evidence materials submitted. A review system based on judgment, written review, comprehensive grasp, and the submission of the minority to the majority.
As far as the two are concerned, the Trademark Office examines it by one person, which is highly subjective. Different people have different opinions; for the same trademark, some people think it is similar, and some people think it is not similar. The Trademark Review and Adjudication Board is a three-person collegial panel that emphasizes facts and evidence, so its success rate can be imagined.
5. What to do if the trademark rejection review is unsuccessful
There are two options for the unsuccessful trademark rejection review. Option 1: Avoid the reasons for rejection and re-register and apply for a new trademark; Option 2 : Sue the Trademark Review and Adjudication Board to Beijing No. 1 Intermediate People’s Court and continue to state the applicant’s legitimate reasons through administrative litigation.
Of course, those who are dissatisfied with the judgment of the Beijing No. 1 Intermediate People's Court can also appeal to the Beijing Higher People's Court and resolutely protect their legitimate rights and interests from infringement in accordance with the law.
6. Other trademark rejection review matters
In addition to the above trademark applicants who are dissatisfied with the Trademark Office’s rejection of trademark registration applications and can apply for rejection review, the following matters can also be applied to the Trademark Review and Adjudication Board for review :
(1) Review against the Trademark Office’s rejection of the application for the transfer of a registered trademark;
(2) Application against the Trademark Office’s rejection of the application for renewal of a registered trademark;
(3) Review of the objection decision of the Trademark Office;
(4) Review of the cancellation of the registered trademark by the Trademark Office;
(5) Cancellation of registration by the Trademark Office Review of objections to improper trademarks;
Ruling on review of trademark objections
Trademark objection review applications accepted by the Trademark Review and Adjudication Board will be based on the "Trademark Law", "Trademark Law Implementation Regulations" and The relevant provisions of the "Trademark Review Rules" shall be reviewed and adjudicated. For cases that have been concluded after trial, the Trademark Review and Adjudication Board will make a ruling in accordance with the law and notify both parties in writing.
(1) If the Trademark Review and Adjudication Board deems that the grounds for the Trademark Office’s opposition ruling are untenable during the review process, it will revoke the Trademark Office’s objection ruling, approve and announce the preliminary review of the review trademark, and transfer it to the Trademark Office for processing. Regarding review and announcement matters;
(2) If the Trademark Review and Adjudication Board believes that the Trademark Office’s reasons for rejection are valid during the review, it will make a ruling to reject the review trademark;
(3 ) During the review process, the Trademark Review and Adjudication Board believes that the reasons for rejection by the Trademark Office are valid for some goods or services? Among the original preliminary approved trademarks, the trademark registration application for this part of the designated goods will not be approved for registration, and the rejected trademark will be rejected for this part of the designated goods. Registration on some goods; the registration of the opposed trademark on another part of the designated goods for which the objection is not established is allowed, and the approved registration part is transferred back to the Trademark Office for relevant review and announcement matters, and a trademark registration certificate is issued.
If the parties involved in the trademark opposition review are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may, in accordance with the provisions of Article 32, Paragraph 2 of the Trademark Law, file a lawsuit within thirty days from the date of receipt of the ruling notice. File a lawsuit in court.
How long does a trademark opposition review take?
The time for an opposition review is not clearly stipulated. It depends on the difficulty of the case. Trademark opposition generally takes about 2 years to complete, and the opposition review is similar. 2-3 years. If the reexamination is unsuccessful and the case is brought to court, depending on the difficulty of the case, the easier cases can usually be completed in about 10 months, and the more difficult cases usually take about a year and a half, but generally the longest time is no more than 10 months. 5 years.
After making the opposition ruling, the Trademark Office will send the opposition ruling to the opponent and the opposed party. There are two results for the objection ruling:
1. The reason for the objection cannot be established, and the trademark that has been initially approved will be registered; Trademarks will not be registered.
However, if any of the parties to the objection is dissatisfied with the ruling, they can apply to the Trademark Review and Adjudication Board for a trademark objection review within fifteen days from the date of receipt of the objection ruling notice. The trademark application for registration will be transferred to the application for trademark opposition. Final review stage.
The above is the trademark review process provided by the editor, I hope it can be helpful to everyone
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