1. Application procedure for trademark rejection review
1. What does it mean for a trademark applicant to complete the trademark objection after receiving the "Notice of Trademark Rejection"? If he is not satisfied with the wrong rejection or the reason for rejection, he can conduct a trademark rejection review.
First of all, prepare the use and publicity materials for the rejected trademark, and write a reason for review of the trademark rejection. This document has high professional requirements, so it is best to entrust an agency to complete the trademark rejection review.
Write the reasons for rejection and review, prepare relevant application forms, and the applicant’s identity document (a copy of the business license or personal Copy of ID card), if entrusting an agency, a power of attorney must also be submitted. Submit a rejection review application to the Trademark Review and Adjudication Board of the State Trademark Office within fifteen days after receiving the "Notice of Trademark Rejection".
About one month after submitting the application, if the documents are standardized, the Trademark Office will issue a "Notice of Acceptance of Trademark Rejection Review"; if If the documents are not standardized, supplements and corrections will be required. If the supplements and corrections are successful, a "Notice of Acceptance of Trademark Rejection Review" will be issued. The entire trademark rejection review process takes about one and a half to two years.
2. Legal basis: Article 34 of the "Trademark Law" stipulates that for a trademark that has been rejected and not 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 extension, it shall be subject to the administration of industry and commerce of the State Council.It can be extended for three months with the approval of the administrative department. 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. Legal provisions for rejecting enforcement applications
The legal provisions for rejecting enforcement applications are:
1. Several situations are explained. After review and verification by a collegial panel formed by the People's Court, the decision will be made not to be executed.
2. If there is indeed an error in the notarized creditor's rights document, the People's Court shall rule not to enforce it and serve the ruling to both parties and the notarizer organ.
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