What does it mean to wait for rejection review of a trademark registration application and how long does it take? Trademark registration rejection review, also known as "rejection of trademark review", means that after the trademark registration application is reviewed and rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for rejection by the Trademark Office and applies to the Trademark Review and Adjudication Board for review of the original case. Deliberation.
According to Article 28 of the "Trademark Law of the People's Republic of China":
For a trademark applied for registration, the Trademark Office shall start from the date of receipt of the trademark registration application documents. If the review is completed within nine months and meets the relevant provisions of this Law, a preliminary review and announcement will be made.
Article 29:
During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
Article 30:
Any trademark applied for registration does not comply with the relevant provisions of this Law or is a trademark that has been registered or preliminarily approved with others on the same or similar goods. If the application is identical or similar, the Trademark Office will reject the application and will not publish it.
The trademark rejection review process and procedures are:
1. If a trademark is rejected because it fails the substantive examination, if the rejection review is not conducted, the trademark will be invalid and the application process will end. If a trademark is rejected for review, wait for the next step;
2. The trademark review application is submitted to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will review the trademark and make a review decision. The trademark that passes the review will be initially reviewed. The procedures for the approval announcement are the same as those after the preliminary announcement above;
3. For trademarks that fail to pass the reexamination, the applicant can file an administrative lawsuit with the Intermediate People’s Court. The defendant is the Trademark Review and Adjudication Board, and the court will judge the Whether the trademark can pass the substantive examination;
4. The Intermediate People's Court is the people's court of first instance. If they are dissatisfied with the judgment of the people's court of first instance, both the original and defendant parties can appeal to the Higher People's Court for a final ruling.
The above is what it means to wait for a rejection review of a trademark registration application and how long it takes to wait for a trademark rejection review? For more information about trademark registration, trademark cases, trademark transfer and other related information, please feel free to consult the intellectual property online customer service. Trademark rejection review trademark registration application