The trademark rejection review process is a special link in the trademark review process. The following matters usually need to be noted:
1. Information required for the trademark rejection review process
Generally speaking, if it is believed that it is possible to apply for a rejection review, the following materials are usually submitted:
(1) Original "Notice of Trademark Rejection";
(2) "Trademark Rejection Notice" mailed by the Trademark Office Envelope of "Notice";
(3) Copy of applicant's qualifications (business license or ID card);
(4) Trademark review agency power of attorney;
< p>(5) Copies of all relevant materials, photos, contracts, etc. for the “prominent use” of the applied trademark.2. The cost and time required for the trademark rejection review process
To apply for a trademark rejection review, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce charges 750 yuan per application; agencies generally charge 1,500-3,000 yuan Case writing fees vary per case, namely: 3,000 yuan, 3,500 yuan, 4,000 yuan, 4,500 yuan/case, etc. As for how long it takes to review a rejection, judging from the existing Trademark Review and Adjudication Board ruling documents, except for the 25th category, which takes about a year, almost all other categories are about 6-8 months.
3. The role of trademark rejection review
(1) If you are dissatisfied with the reasons for rejection by the Trademark Office, you can fully explain your reasons and opinions through the Trademark Review and Adjudication Board.
(2) It can effectively delay time.
(3) The period for obtaining evidence can be greatly shortened.
(4) The added value of trademarks can be easily increased.
4. Solutions for unsuccessful trademark rejection review
There are two options for 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.
5. 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 the registration by the Trademark Office Review of appeals against improper trademarks.
What is the trademark rejection review process? We have answered this question for you here. If you have more questions about trademarks, you can continue to pay attention to intellectual property rights, or contact us by phone. Things to note in trademark rejection review Trademark rejection review process Trademark rejection review