As the number of trademark applications increases dramatically, the number of trademark rejections also continues to increase. What should I do if my trademark is rejected when faced with a rejection issued by the Trademark Office? This is a concern for many entrepreneurs. Giving up the review means that the trademark will not belong to you at all. If you do the review, you don’t know how to obtain evidence.

In fact, every rejection of a trademark has a legal basis. According to my country's current Trademark Law, trademark rejection can be divided into two types: rejection on absolute grounds and rejection on relative grounds.

What should I do if my trademark is rejected?

1. The so-called absolute reason for trademark rejection is simply that it violates the prohibitive provisions of the Trademark Law, that is, it cannot be registered as a trademark or registered for use as a trademark.

2. Relative reasons for trademark rejection:

1. Same trademark in the same category;

2. Similar trademarks in the same category;

3. Trademarks in the same category are partly identical and partly similar;

4. Different categories protect the same goods;

5. Different categories protect similar goods;

6. The application date for the same trademark or similar trademark is later;

Due to the entrepreneurial boom in my country in recent years, the number of trademark registrations has increased sharply, and there has been a shortage of trademark examiners. In addition, the knowledge structure and background of trademark examination personnel are not uniform. In addition, the subjective analysis and judgment abilities of examiners are different, and their trademark examination results are completely different. For example, the same trademark may have two results in the hands of two examiners. Therefore, as long as the trademark applied for registration does not violate the prohibition provisions of the Trademark Law prohibiting registration and use as a trademark, you can apply for trademark rejection review. Once the trademark rejection review procedure is initiated, the Trademark Review and Adjudication Board will make a fair decision in accordance with the law based on the written materials, use evidence, etc. submitted by the registration applicant.

Special attention should be paid to the following points here:

1. The legal time limit for review application is only 15 days. Do not hesitate, act immediately if you want the trademark; prepare review materials as soon as possible.

2. The reexamination department is the Trademark Review and Adjudication Board, not the trademark review department during the review period;

3. Reexamination is an administrative remedy to fight for one’s rights, rather than rejection. A dead end;

4. Reexamination is a voluntary act by the parties. They can advocate for reexamination or give up the reexamination; if they advocate reexamination, they may get a preliminary announcement; if they give up the reexamination, they will never have the chance to obtain a preliminary announcement;

5. The review must submit written materials that comply with the regulations, the original "Notice of Trademark Rejection" and other documents. Currently, oral presentation, electronic documents, audio recordings, etc. are not supported;

6. Subject of the review Qualification must be limited to the person applying for registration;

7. The review must have a specific review request and factual basis;

8. The review fee must be paid in accordance with the law;

9. If the applicant is unable to file for reexamination, he or she can entrust an agency;

Currently, as the government continues to increase its efforts to protect independent intellectual property rights, enterprises and natural persons are becoming increasingly aware of trademark protection, and foreign enterprises are becoming increasingly aware of trademark protection. , natural persons have joined the camp of trademark registration and protection in China. As far as the trademark itself is concerned, competition will become more and more fierce, and the probability of successful registration of the trademark as scheduled will decrease accordingly.

Recommendation: Trademarks should undergo professional inquiries before registration to minimize the possibility of trademark rejection. Even if an enterprise receives a "Notice of Trademark Rejection" after review, as long as it does not violate the provisions of the "Trademark Law" It is quite necessary to apply for rejection review due to the prohibitive clauses. Enterprises should grasp their own rights, because judging from the current representation of trademark rejection review cases, there are not a few registration applicants who have obtained rights through trademark rejection review, and the success rate is still relatively high. Trademark rejection review skills and trademark rejection review considerations