1. What is the legal basis for trademark rejection
1. What is the legal basis for trademark rejection? The legal basis is the absolute reason for rejecting trademark registration. If it violates the following legal provisions of the Trademark Law, it will be rejected.
2. Legal basis:
Article 11 of the "Trademark Law of the People's Republic of China" stipulates that common names, graphics, models related to goods or services, signs describing the characteristics of goods or services, and signs lacking distinctiveness;
Article 12 of the Trademark Law of the People's Republic of China, Restrictive Provisions on the Registration of Three-Dimensional Marks ;
Article 16 of the Trademark Law of the People's Republic of China, provisions on the protection of geographical indications, etc. If a trademark applied for registration violates the above provisions, it will be rejected. These provisions are also called the "absolute reasons" for rejecting the trademark registration application.
2. What are the conditions for trademark rejection review
1. The applicant for review of a rejected trademark needs to be the same as the original applicant for the rejected trademark by the Trademark Office. Others are not eligible to apply for trademark review.
2. The application for rejection of trademark review needs to be submitted within the time specified by law. It will not work if the time is exceeded.
3. The content of the rejected trademark review application must be consistent with the content of the rejected trademark registration application, and the reasons for the review must be related to the reasons for rejection by the Trademark Office. . Otherwise, this review application will be deemed invalid.
4. When applying for trademark review rejection, you need to bring the original "Notice of Trademark Rejection" and two copies of the "Application Form for Rejection of Trademark Review" and send them to the Trademark Review and Adjudication Board.5. You must also pay the trademark review fee. If the above conditions are met, the Trademark Review and Adjudication Board will accept the application for review. If the procedures are incomplete, have you reissued the application within the deadline for returning the application? If the majority of members believe that the reasons for the re-examination application are valid, then the final decision will be to deny the Trademark Office's opinion, and the preliminary review can be passed, and the "Preliminary Approval of Trademark Announcement" can be published; if the reasons for the re-examination application are not valid, the final decision will be upheld. The Trademark Office’s opinion is that it will not make a preliminary review and then reject the application.
As long as the final decision of the Trademark Review and Adjudication Board is made, it will have legal effect, and both the applicant and the Trademark Office must implement it. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.