Generally speaking, a trademark is an affirmation of an item, and a registered trademark can help expand the visibility of the product. So how long does it take to review a trademark rejection? Intellectual Property has compiled some knowledge for you about how long it takes to review a trademark rejection. We hope it will be helpful to you.
1. How long does it take to review a trademark rejection?
For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
2. The process of trademark rejection review
(1) Receipt of the rejection notice
1. After receiving the rejection notice, the trademark applicant should pay attention to the trademark The postmark on the envelope of the rejection notice sent by the Bureau. There is a time limit for rejection of review and will become invalid upon expiration. There are currently two calculation methods.
A. Date of issuance + 15 days of travel time + 15 days of review request time = 30 days.
B. Envelope postmark + 15 days.
2. Look at the type of rejection (whether it is a total rejection or a partial rejection). If it is a total rejection, look at the reasons for the rejection and whether there is a chance of successful reexamination (if the applicant has no reexamination experience, you can find The agency organization will help analyze) to decide whether to review. If it is a partial rejection, check whether the rejected goods or services belong to your main business, and consider whether to review it based on other factors. If it is reviewed, process it as soon as possible because there is still a lot of preparation work to be done and time is limited.
(2) Preliminary preparations
Prepare the materials mentioned above. Due to time constraints, if there is no time to prepare all the materials, we can first submit the application, a brief rejection reason, and rejection A copy of the notice, a copy of the business license, and a copy of the power of attorney from an agency can also be submitted first. Other supplementary evidence materials can be added within three months after submitting the application.
(3) Submit application
After the materials for rejection review are prepared, sort them out. Submit to the Trademark Review and Adjudication Board. At the same time, pay the official fee of RMB 1,500 for the rejection review. You can also entrust yourself through a trademark agency, and the payment includes official fees and agency fees.
(4) Follow-up of the rejection review
1. The acceptance notice will be issued in about two months
2. The ruling will be issued in about one and a half years
3. Successful review - transfer to the Trademark Office - announcement - issuance of certificate
4. Failure in review - abandonment or litigation
3. Materials required for trademark review
(1) A copy of the corporate business license (with official seal);
(2) The conception and use of the trademark (mainly highlighting the visibility);
(3) Company profile;
(4) Various honors obtained by the company;
(5) Sales, advertising expenses and related financial conditions of the company in the past three years;
(6) Originals and copies of corporate media reports or picture advertisements;
(7) Originals and copies of the appearance of products sold by the company;
(8) Others that can be proved Evidence and materials of the company's products and popularity;
(9) Proof of the earliest use of this trademark;
(10) The applicant needs to classify and number the evidence materials submitted one by one. And make a directory list, briefly explain the sources of evidence materials and the specific facts proved, and stamp it with the official seal.
The above is about how long does the trademark rejection review process take? answer. To sum up, apply again to the Trademark Review and Adjudication Board within 15 days from the day you receive the trademark rejection notice.
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