The trademark rejection review process is a special link in the trademark review process, which usually requires attention to the following matters:
1. Information needed for the trademark rejection review process
Generally speaking, if you think that you can apply for rejection review, you should generally submit the following information:
(1) The original Notice of Trademark Rejection;
(2) the envelope in which the Trademark Office mailed the Notice of Trademark Rejection;
(3) a copy of the applicant's qualification (business license or identity card);
(4) power of attorney for trademark review;
(5) copies of all relevant materials, photos, contracts, etc. for "outstanding use" of the applied trademark.
II. Costs and time required for trademark rejection review process
When applying for trademark rejection review, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce will collect 75 yuan/piece; Generally speaking, agency companies charge 15-3 yuan for case writing, that is, 3 yuan, 35 yuan, 4 yuan, 45 yuan, etc. As for how long it takes to reject the reexamination, judging from the existing ruling documents of the Trademark Review and Adjudication Board, except for the 25th category, it takes about one year, and almost all other categories take about 6-8 months.
Third, the role of trademark rejection review
(1) If you are dissatisfied with the reasons for the rejection by the Trademark Office, you can fully explain your reasons and opinions through the Trademark Review and Adjudication Board.
(2) It can effectively delay the time.
(3) The time limit for obtaining evidence can be greatly shortened.
(4) The added value of trademarks can be easily improved.
IV. Solutions to unsuccessful trademark rejection and reexamination
There are two schemes for unsuccessful trademark rejection and reexamination. Scheme 1: Re-register and apply for a new trademark to avoid the reasons for rejection; Option 2: Bring the Trademark Review and Adjudication Board to Beijing No.1 Intermediate People's Court, and continue to state the legitimate reasons of the applicant through administrative litigation. Of course, those who are dissatisfied with the judgment of Beijing No.1 Intermediate People's Court can also appeal to the Beijing Higher People's Court and resolutely safeguard their legitimate rights and interests from infringement according to law.
V. Re-examination of Rejection of Other Trademarks
In addition to the above-mentioned trademark applicants who are dissatisfied with the rejection of the trademark registration application by the Trademark Office, they can also apply to the Trademark Review and Adjudication Board for re-examination of the following matters:
(1) Re-examination of the rejection of the application for transfer of registered trademarks by the Trademark Office;
(2) an application that is not satisfied with the rejection of the application for renewal of a registered trademark by the Trademark Office;
(3) re-examination against the objection ruling of the Trademark Office;
(4) reexamination against the cancellation of a registered trademark by the Trademark Office;
(5) Re-examination of the Trademark Office's refusal to accept the cancellation of an improperly registered trademark.
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