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How to apply again after trademark rejection?

For trademark registration, applicants who need it will inevitably encounter the possibility of trademark registration being rejected. Because there is an element in the trademark that is identical or similar to the same element in someone else’s trademark, it may lead to failure in registration. A trademark is an intangible asset of an enterprise and an important intellectual property, but a trademark must go through prescribed procedures before it can be obtained. According to the provisions of my country's Trademark Law, when registering a trademark, the applicant needs to submit corresponding materials for trademark review. During the review, the Trademark Office may reject the application if it finds that the trademark does not comply with the regulations. So how to apply again after the trademark is rejected?

According to the provisions of my country's Trademark Law, if the applicant is dissatisfied with the rejection decision, he or she may submit a rejection review application to the Trademark Review and Adjudication Board within the specified period after receiving the "Notice of Rejection". When judging whether it is necessary to submit a trademark rejection review, we can first examine the following three points:

First, the reason for the review rejection. If you refuse review, you must look at the reasons for the rejection, which are probably the following points:

1. There is a blind period during the query, and the trademark application is in the blind period;

2. If there may be similar A trademark may be rejected after application;

3. The applied trademark does not comply with the provisions of the Trademark Law and is rejected; for these reasons for rejection, the trademark applicant can choose whether to conduct a rejection review. Of course, if the third point does not comply with the provisions of the Trademark Law, there will be no further review. Because such a trademark must not be approved.

Second, the time point for trademark rejection review.

Trademark right rejection review is a relief procedure after the trademark right is rejected. Of course, the time requirements are also very strict. You must apply to the Trademark Review and Adjudication Board for review within 15 days after receiving the notice. If you miss the time, Otherwise, no remedy can be provided, and the trademark right is deemed to have failed to register. However, for re-applying for a trademark, the application date of the trademark is changed and delayed, thereby losing the advantage of applying first and obtaining registration later. Therefore, when a trademark is rejected, the applicant should actively respond, conduct trademark rejection review in a timely manner, and grasp the time point for rejection review.

Another point that must be reminded is that although everyone knows that review materials must be submitted within 15 days after receiving the notice, there is another point that everyone may forget. That is to say, the re-examination official fee must be paid within 15 days after receiving the payment notice at the re-examination stage. Failure to pay the fee in time will also result in the re-examination not being accepted.

Third, the materials must be prepared.

Rejection review limits the configuration sequence and file format of the application materials. If the materials are not prepared in accordance with the requirements of the Trademark Office, it may not be passed smoothly. If an amendment is requested to extend the review period, the review may not be processed. Therefore, in order to successfully reject the review, the applicant must first understand the materials that should be prepared and successfully prepare and submit them to the Trademark Office.

The above is how to apply for a trademark after it has been rejected? related answers. There is a possibility of success in the rejection review because trademark rejection is decided by the Trademark Office, and the application for trademark rejection is submitted to the Trademark Review and Adjudication Board. The review standards of the Trademark Office and the Trademark Review and Adjudication Board are different. It is recommended that you find Bajie to search the trademark on your behalf before registering a trademark, which can reduce the possibility of the trademark being rejected. For more questions about trademark transfer, please feel free to consult a professional intellectual property consultant! Is the success rate of trademark rejection review high? What are the techniques for trademark rejection review