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What matters should be paid attention to in trademark rejection review?
Materials needed for reexamination of trademark rejection:

1. Copy of business license of enterprise as a legal person (with official seal)

2. Conception and use of trademarks (mainly highlighting popularity)

3. Company Profile

4. Various honors obtained by enterprises.

5. Sales, advertising expenses and related financial status of the enterprise in the past three years.

6. Original and photocopy of corporate media reports or photo advertisements.

7. Original and photocopy of the product appearance sold by the enterprise.

8. Other evidence and materials that can prove the product and popularity of the enterprise.

9. Proof of the earliest use of this trademark.

10. The applicant needs to classify and number the evidence materials submitted by him one by one and list the contents, briefly explain the source of the evidence materials and the specific facts to be proved, and affix the official seal.

Matters needing attention in trademark rejection review

According to the Trademark Law of People's Republic of China (PRC) and its implementing rules, the relevant provisions are as follows:

1. If the application for trademark reexamination is received and sent by post, the date of postmark of the letter received and sent by the local post office shall be the date of receipt and delivery by the parties concerned. If the postmark is unclear or there is no postmark, the date marked by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be postponed for 20 days as the date of receipt by the party concerned, or the date of receipt of the application for trademark review by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) shall be the date of issuance by the party concerned.

When a party or trademark agency submits a trademark reexamination document, it shall provide an envelope mailed by the Trademark Office to calculate the date when the party receives the notice of rejection from the Trademark Office.

II. For the application for reexamination of an international registered trademark in Madrid, the time limit for reexamination shall be counted from the date indicated in the notice of rejection issued by the International Bureau. If the date of publication of the International Bureau cannot be provided, it shall be counted from the date indicated in the notice of trademark rejection sent by the Trademark Office to the International Bureau.

Three, the parties to apply for trademark review, shall be handled within the time limit prescribed by law. Due to force majeure or other legitimate reasons, you can apply for an extension 30 days before the expiration. However, the expenses for extension shall be paid by the applicant. The application for extension shall be submitted within 15 days from the date of receiving the notice of rejection from the trademark office, and the extension time shall be counted from 16 days.

Four, because the extension of the application period review can only be carried out when receiving the application for re-examination, therefore, the Trademark Review and Adjudication Board does not carry out the period review when receiving the extension application, but carries out the period review together with the formal review documents. If it exceeds the statutory time limit, the Trademark Review and Adjudication Board will not accept it and notify the parties or agents in writing.

1. power of attorney;

2. A copy of the business license;

3. Reject the application for trademark registration, rebuttal/objection ruling (the trademark office is on the envelope) and evidential materials.

Rejection is a common review result in the process of trademark registration application, which usually includes several types, such as rejection in violation of prohibitive provisions, rejection of trademarks that are not obvious, and rejection that conflicts with prior trademark rights (referring to prior application or prior registration). According to the provisions of Article 32 of the Trademark Law, an application for rejection of reexamination may be filed with the Trademark Review and Adjudication Board.

The first two kinds of rejection review only involve the trademark office and the rejected trademark applicant, while the third kind, that is, the rejection review that conflicts with the prior trademark right, is more complicated. The author mainly discusses this rejection review.

This kind of rejection review involves the Trademark Office, the rejected trademark applicant and the prior trademark holder. If the rejected trademark applicant has no dispute over the rights of the prior trademark cited by the Trademark Office, it is nothing special to file a rejection review just because the goods are not similar and the trademarks are not similar. However, if the rejected trademark applicant disputes the cited prior trademark right, he thinks that the cited trademark application belongs to malicious cybersquatting, which violates the relevant provisions of the Trademark Law, or infringes on the name right, patent right and copyright of the rejected trademark applicant's prior enterprise. That is, he believes that the cited prior trademark right itself is illegally obtained and should not be an obstacle to the rejected trademark registration application. Because this kind of rejection review is no longer limited to the review of the trademark office's ruling, but involves the interests of the third party, and has the characteristics similar to trademark legal affairs such as objection and revocation, the situation becomes more complicated.