1. What to do if the trademark registration application is rejected
1. It is rejected Then apply for reexamination to the Trademark Review and Adjudication Board
2. Legal basis: Article 34 of the "Trademark Law of the People's Republic of China" stipulates that the rejection of the application will not be announced. For a trademark, the Trademark Office shall notify the trademark registration applicant in writing. 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 in the People's Court within thirty days from the date of receipt of the notice.
2. If the trademark registration is rejected, should I apply for rejection review or re-registration
1. If a registered trademark is rejected, the reasons for the rejection should be analyzed first. There are two main reasons why trademarks are rejected: Trademark registration is rejected for absolute reasons: some logos that are expressly prohibited by law from being used or registered as trademarks are registered.
2. It is a country name, military symbol, international organization symbol, red cross, red crescent, discriminatory and deceptive, harmful moral customs and adverse effects, place names related to county-level divisions, etc. Common names, graphics, models related to goods or services, signs describing the characteristics of goods or services, and signs lacking distinctiveness. Restrictive provisions on the registration of three-dimensional marks; Article 16 on the protection of geographical indications, etc. Trademarks applied for registration that violate the above regulations will be rejected, and it is generally not recommended that you go through a re-examination. Rejection review may be considered: if the trademark is identical or similar to a previously applied trademark.
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