According to the provisions of Article 32 of the Trademark Law, the Trademark Office shall notify the applicant for trademark registration in writing of the trademark that has been rejected and not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
The charging standard for trademark rejection review: trademark review fee 1500 yuan. Please remit money by bank (postal remittance is not accepted), and attach a copy of the remittance slip to this application and submit it to the Trademark Review and Adjudication Board.
Extended data:
Application requirements for trademark registration:
(Basis: Trademark Law)
Article 22 An applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and apply for registration.
An applicant for trademark registration may apply for the registration of the same trademark for many kinds of goods through one application.
Applications for trademark registration and other relevant documents may be submitted in written form or in the form of data messages.
Article 23 Where a registered trademark needs to obtain the exclusive right to use a trademark on goods outside the approved scope of use, a separate application for registration shall be filed.
Article 24 Where the logo of a registered trademark needs to be changed, a new application for registration shall be filed.
Article 25 Where an applicant for trademark registration applies for trademark registration in China for the same commodity with the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.
Article 26 Where a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for trademark registration may enjoy the priority within six months from the date when the commodity is exhibited.
Where priority is claimed in accordance with the preceding paragraph, it shall make a written statement when applying for trademark registration, and submit the name of the exhibition, the evidence of using the trademark on the exhibited goods, the date of exhibition and other supporting documents within three months; Failing to submit a written statement or supporting documents within the time limit shall be deemed as not claiming priority.
Article 27 The matters declared and the materials provided in the application for trademark registration shall be true, accurate and complete.
Chapter III Examination and Approval of Trademark Registration
Article 28 The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration, and if it meets the relevant provisions of this Law, make a preliminary examination and approval announcement.
Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may request the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.
Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same kind of goods or similar goods, the Trademark Office shall reject the application without making an announcement.
Article 31 Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
Article 35 Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing.
There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
In the process of reexamination in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.
Article 36 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the Trademark Office's decision to reject the application or not to register, or does not bring a suit in a people's court against the reexamination decision of the Trademark Review and Adjudication Board, the application shall be rejected, not to register or the reexamination decision shall take effect.
Baidu Encyclopedia-People's Republic of China (PRC) Trademark Law