(2) The application for trademark reexamination must be rejected within the statutory time limit.
(3) The content of the application for trademark reexamination shall be the accurate content in the rejected application for trademark registration, and the reasons for reexamination shall be aimed at the reasons rejected by the Trademark Office. Otherwise, the re-examination application is deemed invalid.
(4) To apply for rejection of trademark reexamination, the original Notice of Trademark Rejection and two copies of the Application for Rejection of Trademark Reexamination must be submitted to the Trademark Review and Adjudication Board.
(5) Paying the trademark review fee. Where the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the procedures are incomplete, the application form shall be returned within a time limit. After analysis and collective discussion, the Trademark Review and Adjudication Board makes a final decision with the opinions of most members. If the majority of members think that the reasons for applying for reexamination are valid, they finally decide to deny the rebuttal of the Trademark Office, grant preliminary examination and issue an announcement on preliminary examination and approval of trademarks; If the reasons for applying for re-examination cannot be established, it is finally decided to maintain the rebuttal opinion of the Trademark Office without preliminary examination and approval, and then reject it. Once the final decision of the Trademark Review and Adjudication Board is made, it has legal effect, and both the applicant and the Trademark Office must implement it.
Editing this paragraph plays a role in the conclusion of the trademark office's examination of the registration application, which is related to whether a trademark can be approved for registration and, to a certain extent, whether the trademark right can be established.
However, although the Trademark Office has strict examination procedures and standards, the registration examination of each trademark application is completed through the independent work of each examiner. Because different examiners have individual differences in professional scope, knowledge level and work experience, the examination work is bound to be influenced by subjective factors. For the same type of case, different examiners may come to diametrically opposite judgments. It is precisely because of this factor that the examiner of the Trademark Office can not guarantee that the judgment is in full compliance with the law in the substantive examination, or there are inevitably defects in the work. In particular, due to the particularity of trademark registration application review cases, it is impossible for the applicant to fully reflect the objective situation of his application in the application form, and only after being rejected will he have the opportunity to provide it to the trademark review and adjudication organ in an all-round way. Therefore, the quality of examination directly affects the quality of trademark registration and the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law has set up a relief procedure for rejecting reexamination.