What is the cost of trademark rejection review?

How much is the reexamination fee for trademark rejection

Trademark rejection refers to the case that the trademark applied for registration is not registered after being examined by the Trademark Office in violation of the Trademark Law. If the applicant is dissatisfied with the reasons and legal basis of the trademark office's rejection, he may apply to the Trademark Review and Adjudication Board for reexamination of the original case.

1. trademark rejection review process:

receiving the notice of rejection → preparing materials for trademark rejection review → submitting an application for trademark rejection review (paying the trademark rejection review officer fee of RMB 1,5) → follow-up of trademark rejection review.

2. Time for reexamination of trademark rejection:

1 or 2 months, notice of acceptance issued

2, ruling issued in about one and a half years

3. Successful reexamination-handing over to the Trademark Office-announcement-certification

4. Failure of reexamination-abandonment or litigation (Beijing No.1 Intermediate People's Court)

3. The fee is 3,5 yuan (trademark rejection reexamination officer fee is 1,5 yuan

agency service fee is 3, yuan

)

Rejection reexamination means that the State Trademark Office rejects the applicant's application for registration on the grounds that the trademark applied for registration violates the relevant provisions of the Trademark Law, and the applicant refuses to accept the rejection decision of the State Trademark Office, and applies to the Trademark Review and Adjudication Board for reexamination within the statutory time limit

. In the reexamination, he states the reasons for refusing to accept the rejection decision of the State Trademark Office and requests.

according to the relevant provisions of the trademark law, after a trademark is rejected, the trademark applicant may file an application for reexamination with the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice of rejection. "If the trademark rejection is an absolute rejection reason, it is not recommended to apply for rejection review; If the trademark rejection is relative rejection, it is recommended that you consult an intellectual property lawyer with a professional background in time to make a judgment on whether the trademark is similar according to the trademark examination standards, so as to decide whether to apply for rejection review. " Li Niantong said, "Our opinion is that if an application is rejected for re-examination, there will be a chance to successfully obtain trademark registration. Even if the re-examination is unsuccessful, the applicant still has the right to continue to use the TM mark during the re-examination period (usually one and a half to two years). However, if the application for reexamination is abandoned, the trademark application will be invalid. Even if you reapply, you will face a time cost of two to three years. "

The behavior of trademark rejection and reexamination is clearly stipulated in the law, but the specific problems need to be handled in a reasonable way.

Trademarks are an important symbol of intellectual property rights, so it is necessary to regulate them reasonably, so that the protection of their rights and interests will have practical decisive significance, because trademarks directly affect their own interests.