1. What should I do if the trademark registration application is rejected?
What if the trademark registration is rejected? If the reason for rejection is lack of distinctiveness, it will be difficult to reject the review. However, if it is rejected because it is similar to another trademark, then we can reject the review.
But for non-professionals, it is not easy to distinguish whether a trademark lacks distinctiveness or is similar to other brands' trademarks, so applying for trademark registration, It is recommended to entrust an agency registered with the Trademark Office to carry out the process. This can help avoid the risk of errors and increase the success rate.
So what should be done if the trademark registration is rejected? The first is to modify the plan and re-apply, and the second is to conduct a rejection review.
Legal basis: Article 34 of the Trademark Law stipulates that the Trademark Office shall notify the trademark registration applicant in writing if the application is rejected and the trademark is not announced. 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 an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. 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. The significance of trademark rejection review:
1. One more opportunity for communication and reasoning. If you are dissatisfied with the reasons for rejection by the Trademark Office, you can fully explain your reasons and opinions through the Trademark Review and Adjudication Board.
2. The application for trademark registration is a combination of mutual comparison, electronic review, and independent judgment of previously registered or previously applied trademarks by a staff member of the Trademark Office.A review system that partially approximates the entire rejection;
3. Trademark rejection review is a three-person panel composed of the Trademark Review and Adjudication Committee, which combines the reasons for trademark rejection, the trademark rejection A review system that includes comprehensive judgment, written review, comprehensive understanding, and the majority obeys the majority to review the facts, reasons, and actual use evidence materials submitted.
4. As far as the two are concerned, the Trademark Office examines it by one person, which is highly subjective. Different people have different opinions; some people think that the same trademark is similar. Some people think it is not similar. 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. The role of trademark rejection review:
1 , can effectively delay time. Some trademarks are applied by the same applicant, but due to the applicant's name change, if the applicant fails to submit a change application to the Trademark Office in time, he or she can explain the situation to the Trademark Review and Adjudication Board and go through the relevant procedures before it can be approved.
2. The period for collecting evidence can be greatly shortened. Some trademark reviews are easy to succeed. After the review ruling is issued, it is very likely that the "Trademark Registration Certificate" can be obtained within one year; but once the review is abandoned, it will take three to five years to start all over again!
3. The added value of trademarks can be easily increased. Many trademarks have been "TM" for many years, which has resulted in a large number of companies operating and producing in the "TM" state. Applying for trademark rejection review, once successful, may be able to change the development destiny of an enterprise!
4. Materials for trademark rejection review:
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To ask what the success rate of trademark rejection review is, first take a look at the composition of the examiners and the review system of the two: some absolute grounds for rejection can be applied for review. However, some relative reasons for rejection cannot be applied 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, they generally submit the following information:
1. "Trademark Original copy of the "Notice of Rejection";
2. The Trademark Office mails the envelope of the "Notice of Rejection" (the local postmark must be clear);
3. Copy of applicant's qualifications (business license or ID card);
4. Trademark review agency entrustment Book;
5. Copies of all relevant materials, photos, contracts, etc. for the "prominent use" of the trademark application.
It can be seen that it is very common for trademarks to be rejected. No institution can guarantee 100% successful registration. When filing a trademark application, you may encounter various situations that may result in your trademark being rejected. If this happens, the applicant should not be discouraged after the trademark registration is rejected and compile the materials to submit for review again. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.