First, what information is needed for trademark rejection review
Some absolute rejection reasons can be applied for review, but some relative rejection reasons absolutely can not apply for review, which requires the first time to fax the "trademark rejection Notice" to the professional trademark agent to check. For professional agents who, after comprehensive checking of relevant laws, regulations and agency experience, believe that they can apply for review of rejection, they generally submit the following information:
(1) The original Trademark Rejection Notice;
(2) The Trademark Office mail the "Trademark Rejection Notice" envelope (the local postmark should be clear);
(3) A copy of the applicant's qualification (business license or ID card);
(4) Trademark review agency letter;
(5) Copies of all relevant materials, photos, contracts, etc. for the "prominent use" of the trademark application.
2. The role of trademark rejection review
(1) An opportunity to communicate and reason. "Why should the trademark Office reject, I refuse!" If you are not satisfied with the reasons for the rejection of the trademark Office, you can fully elaborate your reasons and views through the business judge.
(2) can effectively delay the time. Some trademarks are applied for by the same applicant, but because of the applicant's name change, failed to make a change application to the Trademark Office in time, you can explain the situation through the business judge, and go through the relevant procedures, you can be approved.
(3) can greatly shorten the evidence period. Some trademark reexamination is very easy to succeed, and it is likely that the trademark registration Certificate can be obtained within one year after the reexamination ruling is issued. And once the review is abandoned, three to five years and have to start all over again!
(4) The added value of trademarks is easy to increase. Many trademarks "TM" for many years, thus resulting in a large number of enterprises have been operating in the "TM" state of production. The application for trademark rejection review, once successful, may be able to change the fate of the development of an enterprise!
3. Success rate of trademark rejection review
To ask how the success rate of trademark rejection review is, first look at the composition of the two examiners and the trial system:
The trademark registration application is a kind of examination system that a staff member of the trademark Office combines the previous registration or the earlier application of the trademark mutual comparison, electronic examination, independent judgment, partial approximation of the whole rejection;
Trademark rejection review is a review system in which the Trademark Review and Adjudication Board is composed of three members, combining the reasons for trademark rejection, the factual reasons for trademark rejection review and the actual use evidence materials submitted, such as comprehensive judgment, written hearing, comprehensive grasp, and the minority is subject to the majority.
As far as the two are concerned, the trademark Office one person review, the subjectivity is strong, people see people, wisdom sees wisdom; The same trademark, some people think similar, some people think not similar. The business judge is a three-person collegiate group, emphasizing facts and talking about evidence, and its success rate can be imagined.
Fourth, trademark rejection review is unsuccessful how to do
There are two solutions to the unsuccessful reexamination of trademark rejection. Scheme one: circumvent the reasons for the rejection and apply for a new trademark; Plan two: The trademark review and Adjudication committee to the Beijing first Intermediate Court, through administrative litigation to continue to state the applicant's legitimate reasons. Of course, if you are not satisfied with the judgment of the first Intermediate Court of Beijing, you can also appeal to the Beijing Higher People's Court to resolutely safeguard your legitimate rights and interests from infringement in accordance with the law.
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