Can similar trademark rejection review be successful
Trademark rejection review means that after the trademark application for registration is rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for the rejection and files a petition with the trademark The review committee's application for review and deliberation of the original case will be successful depending on the actual situation.
1. What materials are needed for trademark rejection review
Some absolute grounds for rejection can be applied for review, but Some relative reasons for rejection absolutely cannot apply for review. This requires faxing the "Notice of Trademark Rejection" to a professional trademark agent for review as soon as possible. For professional agents who, after comprehensive checks based on relevant laws, regulations and agency experience, believe that they can apply for rejection review, generally submit the following information:
(1) Original "Notice of Trademark Rejection";
(2) The Trademark Office mails the envelope of the "Notice of Trademark Rejection" (the local postmark must be clear);
(3) Copy of applicant’s qualifications (business license or ID card);(4) Trademark review agency letter;
(5) Copies of all relevant materials, photos, contracts, etc. for the "prominent use" of the applied trademark.
2. Successful review of trademark rejection Rate
If you want to ask about the success rate of trademark rejection review, Let’s first take a look at the composition of the review staff and the review system of the two:
Trademark registration application is an examination system in which a staff member of the Trademark Office combines mutual comparison of previously registered or previously applied trademarks, electronic review, independent judgment, partial similarity and overall rejection;
Trademark rejection review is a collegial panel composed of three people by the Trademark Review and Adjudication Committee, based on the reasons for trademark rejection. , a review system based on comprehensive judgment, written review, comprehensive grasp of the factual reasons for trademark rejection review and actual use evidence materials submitted, and the majority obeys the majority.
As far as the two are concerned, the Trademark Office examines it by one person.Subjectivity is strong, and benevolent people have different opinions; for the same trademark, some people think it is similar, while others think it is not. The Trademark Review and Adjudication Board is a three-person collegial panel that emphasizes facts and evidence, so its success rate can be imagined.
3. What to do if the trademark rejection review is unsuccessful
There are two options for unsuccessful trademark rejection review. Option 1: Avoid the reasons for rejection and re-register and apply for a new trademark; Option 2: Sue the Trademark Review and Adjudication Committee to the Beijing No. 1 Intermediate People’s Court and continue to state the applicant’s legitimate reasons through administrative litigation. Of course, those who are dissatisfied with the judgment of the Beijing No. 1 Intermediate People's Court can also appeal to the Beijing Higher People's Court and resolutely protect their legitimate rights and interests from infringement in accordance with the law.
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