Trademark rejection review means that after the trademark application for registration is rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for the rejection and applies to the Trademark Review and Adjudication Board for review. Application for trademark rejection review is based on the provisions of Article 32 of the Trademark Law and the Trademark Review Rules. So, what is the time and process for trademark rejection review? The editor of Bajie Intellectual Property will give you the answer. After reading the following content, it will definitely be helpful to you.
What is the time and process for trademark rejection review?
1. Limitation of action for trademark rejection review ruling
1. If the trademark review application is sent and received by mail, the calculation of the 15-day review time limit shall be based on the receipt of the letter by the local post office and The postmark date of the letter shall be deemed as the date of receipt and issuance by the party; if the postmark is unclear or there is no postmark, the date marked on the letter issued by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be postponed for 20 days as the date of receipt by the party. date, or the date on which the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) received the trademark review application will be dated back 20 days as the date of issuance by the party.
When the party or trademark agency submits the trademark review document, it should provide the envelope mailed by the Trademark Office in order to calculate the date on which the party received the rejection notice from the Trademark Office.
2. For Madrid international registered trademark review applications, *** the review time limit starts from the date marked on the rejection notice issued by the International Bureau. If the date of issuance of the document by the International Bureau cannot be provided, the date shall be calculated from the date marked on the trademark rejection notice issued by the Trademark Office to the International Bureau.
3. The parties concerned shall apply for trademark review within the time limit specified by law. Due to force majeure or other legitimate reasons, you can apply for an extension of 30 days before expiration. However, the extension fee shall be paid by the applicant. The extension application shall be submitted within 15 days from the date of receipt of the rejection notice from the Trademark Office, and the extension period shall be calculated from the 16th day.
4. Since the time limit review of the extension application can only be carried out when the reexamination application is received, the Trademark Review and Adjudication Board will not conduct a time limit review when receiving the extension application, but will wait until the formal reexamination is received. Documents will be reviewed together with a time limit. If the legal time limit is exceeded, the Trademark Review and Adjudication Board will not accept the application and notify the party or agent in writing.
2. What is the trademark rejection review process?
Application for trademark rejection review should be carried out in accordance with Article 32 of the Trademark Law and the Trademark Review Rules.
1. Applicant qualifications: must be the original applicant whose trademark registration application was rejected by the Trademark Office.
2. Application time limit: The trademark registration applicant shall apply for review within 15 days from the date of receipt of the "Trademark Rejection Notice" from the Trademark Office for the trademark registration application. If there is delay due to force majeure or other legitimate reasons, you may apply for an extension thirty days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.
3. Documents for application for reexamination:
(1) The applicant shall submit the "Application for Reexamination of Rejection of Trademark Registration Application" to the Trademark Review and Adjudication Board (the applicant should carefully fill in the application form , especially to fill in sufficient reasons for review);
(2) Also attached: the original "Trademark Registration Application" stamped with the "Rejection" seal of the Trademark Office;
(3 ) Original copy of "Trademark Rejection Notice";
(4) Trademark drawings (10 original drawings);
(5) Envelope from the Trademark Office sending the trademark rejection notice ( (used to determine whether the reexamination is submitted within the specified time limit);
(6) Other relevant supporting materials and physical evidence;
(7) The applicant needs to add additional information after submitting the review application Relevant evidentiary materials shall be stated in the application, and the same number of evidential materials as the application shall be submitted within 3 months from the date of submission of the application; if it is not stated in the application or is not submitted within the time limit, it shall be deemed that Give up supplementing relevant evidence materials;
(8) Other requirements: The trademark, goods, services and other contents filled in the original "Trademark Registration Application" cannot be changed in any way.
4. Review fees: Those who apply for reexamination should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application.
5. Within thirty days from the date of receipt of the "Application for Reexamination of Refusal of Trademark Registration Application", if the Trademark Review and Adjudication Board determines upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; If the legal conditions are met, the applicant will be notified in writing that the application will not be accepted and the reasons will be explained.
6. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but needs to be supplemented and corrected, it can be supplemented within a time limit; if no supplements or corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned. .
3. How long does it take to review a trademark rejection
The party concerned should, in accordance with the provisions of the Trademark Law, submit the "Rejection of Trademark Review" within 15 days from the date of receipt of the rejection notice from the National Trademark Office. "Application Form" is submitted to the Trademark Review and Adjudication Board for review, and the "Application Form for Trademark Registration", "Notice of Trademark Rejection" and other materials are attached.
In the rejection of the reexamination application, the party concerned shall clearly request a reexamination, provide relevant facts and evidence, and state the reasons why the National Trademark Office’s rejection of the registration application is untenable. The Trademark Review and Adjudication Board receives the party's application and, after formal review (if the formal review fails, it will not be accepted, and if the materials are insufficient, it will be required to be completed within a time limit). It considers that the applicant's reexamination application meets the statutory formal requirements, and the Trademark Review and Adjudication Board accepts the application. , and conduct a comprehensive review and evaluation of the legality of the Trademark Office's decision to reject and the facts, reasons, and requests of the applicant for review.
In the trademark rejection review process, since cross-examination by the parties is not involved, the Trademark Review and Adjudication Board generally does not apply the public review process. After review and evaluation, the Trademark Review and Adjudication Board will notify the trademark rejection review applicant in writing of its decision. The trademarks that the Trademark Review and Adjudication Board decides should be subject to preliminary review will be handed over to the National Trademark Office for preliminary review and announcement.
If the party concerned fails to submit a rejection review application to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the rejection notice from the National Trademark Office, the rejection notice from the Trademark Office will become legally effective.
It takes about one to one and a half years to complete the entire trademark rejection review process.
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