Is it unnecessary to deal with the partial rejection of the trademark?

If your company's trademark encounters "partial rejection", you need to quickly adopt a series of response strategies. The so-called "partial rejection" means that the entire trademark has not been completely rejected, and the applicant is allowed to decide whether to file a reconsideration application for the rejected part. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Should the trademark be partially rejected?

If your company's trademark encounters "partial rejection", you need to quickly adopt a series of response strategies.

The so-called "partial rejection" means that the entire trademark has not been completely rejected. In the event of rejection, the applicant is allowed to decide whether to file a reconsideration application for the rejected part.

Here, we analyze several important decision-making factors for you in detail: First, If you do not intend to continue to use the rejected part of the trademark, you do not need to take any other action, because the Trademark Office will publicize the part that passed the preliminary examination within the specified period. If you choose to give up the division application, the division application will be rejected. parts will not appear in the public list.

If you still want to retain the right to use the rejected part, or you firmly believe that the Since some trademarks are crucial to the brand image, please be sure to submit a reconsideration application to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the rejection notice.

If the application is approved, the Trademark Office will publicize the part that passed the preliminary examination, and The reconsideration procedure is an administrative remedy that can help you successfully obtain the right to register a trademark.

Article 34 of the Trademark Law

For a trademark that rejects the application and will not be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, the trademark registration applicant may apply for a trademark that is rejected or not announced. Apply to the Trademark Review and Adjudication Board for reexamination within 15 days. 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 that if there are special circumstances that require the extension, it shall be approved by the industrial and commercial administration department of the State Council. , can be extended for three months. If the party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

2. Does a registered trademark have any impact on the individual?

If someone else has successfully registered a trademark, the same or similar products will be sold anywhere Products will be deemed as infringement of the exclusive rights of the registered trademark

In my country's current Trademark Law, the Implementing Rules of the Trademark Law and the relevant judicial interpretations of the Supreme People's Court, the identification criteria for trademark infringement are mainly based on the specific content and type of trademark infringement, which is used as a basis to determine the jurisdiction of the case and the parties.