1. What materials are required for reconsideration after a trademark application is not accepted
2. Trademark objection review process
1. Trademark objection review application means that the party concerned is dissatisfied with the Trademark Office’s trademark objection ruling and applies to the Trademark Review and Adjudication Board. The case shall be reviewed and decided by the Trademark Review and Adjudication Board.
2. Trademark opposition review defense refers to the above-mentioned corresponding opposed party or opponent receiving the trademark opposition review application and reasons forwarded by the Trademark Review and Adjudication Board. A letter of defense refuting the grounds for review of the trademark objection within the specified time.
3. The trademark opposition review application and opposition review defense reflect the professional quality level, strategy and tactics, and battle of wits between the opponent and the opposed party. The trademark rights confirmation game is more often a battle between restrictions and counter-restrictions outside of market competition.
4. Legal basis: Articles 33 and 34 of the Trademark Law of the People's Republic of China and the Trademark Review Rules.
1. Submit a letter of reasons for objection review application;
2. Send a copy of the objection review application Hand it over to the other party;
3. The other party responds. Respond within 30 days from the date of receipt of a copy of the trademark objection letter. If the other party fails to respond, it will not affect the Trademark Review and Adjudication Board’s ruling.
4. Objection review ruling.
2. Conditions for applying for rejection of trademark review
1. The applicant for review of a rejected trademark must be the original applicant for the trademark rejected by the Trademark Office. Others are not eligible to apply.
2. The rejection of the trademark review application must be submitted within the legal time limit.
3. The content of the rejected trademark review application must be in the rejected trademark registration application The exact content of the review must be based on the reason for rejection by the Trademark Office. Otherwise, the review application will be deemed invalid.
4. To apply for rejection of trademark review, the review application must be Two copies of the "Rejected Application for Trademark Review" are sent to the Trademark Review and Adjudication Board, together with the "Application for Trademark Registration" (the original rejected by the Trademark Office), ten copies of the original trademark drawing, a black and white ink draft and the "Notice of Trademark Rejection". /p>
5. Pay the trademark review fee.
If the above requirements are met, the Trademark Review and Adjudication Board will accept the application. Application. If the procedures are not complete, the application will be returned within a time limit and reissued. The Trademark Review and Adjudication Board will make a final decision based on the majority opinion of the members after analysis, study, and collective discussion. If the majority of members believe that the reasons for the review application are valid, the final decision will be to deny the Trademark Office's review. If the reasons for the reexamination application cannot be established, the Trademark Office will make a final decision to uphold the rebuttal opinion, deny preliminary approval, and then reject it. Once the final decision of the Trademark Review and Adjudication Board is made, That is to say, it has legal effect, and both the applicant and the Trademark Office must implement it.
It should be noted that by conducting trademark inquiries as early as possible, trademark squatting can be discovered earlier. Reduce, avoid and recover losses. If you find out through inquiry that the preemptively registered trademark is still in the application stage and has not yet been registered, you can promptly file an objection during the opposition announcement period.
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