1. What to do if the trademark registration is rejected
1. The trademark registration is rejected If the trademark registration applicant is dissatisfied with the rejection, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision. The Trademark Review and Adjudication Board will notify the applicant in writing after making its decision. If the party concerned is still dissatisfied with the decision of the Trademark Review and Adjudication Board, it can also file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
2. Legal basis: "Trademark Law of the People's Republic of China"
34 Article 1 For a trademark that rejects the application or refuses to be announced, 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 with the People's Court within thirty days from the date of receipt of the notice.
2. What materials are required for trademark rejection review
To ask about the success rate of trademark rejection review, let’s first take a look at the composition of the examiners and the review system of the two: some absolute grounds for rejection can apply for review However, some relative reasons for rejection absolutely cannot apply for review. This requires faxing the "Notice of Trademark Rejection" to a professional trademark agent for review as soon as possible.
If a professional agent considers that it is appropriate to apply for a rejection review after comprehensive checks based on relevant laws, regulations and agency experience, the following materials are generally submitted: "Notice of Trademark Rejection" Original copy of "Notice of Trademark Rejection" sent by the Trademark Office (the local postmark must be clear); applicant qualifications(Business license or ID card) copy; trademark review agency power of attorney; copies of all relevant materials, photos, contracts, etc. for applying for “prominent use” of the trademark.
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