What is the legal basis for applying for trademark review? (1) Legal basis for review of rejection of trademark registration application by the Trademark Office: Article 21 of the Trademark Law. Applicant qualification: Must be the original trademark registration applicant rejected by the Trademark Office. Application time limit: Apply for review within 15 days from the date of receiving the notice of rejection from the Trademark Office; Due to irresistible causes or other legitimate reasons, the applicant may apply for an extension of thirty (30) days before the expiration of the term (the following types of case extension request shall be rejected for review). Application form: 1. The original Application for Trademark Registration rejected by the Trademark Office; 2. The original copy of the Trademark Refutation Notice; 3. Ten copies of the original trademark application; 4. Application for Reexamination of Rejected Trademark and reasons for reexamination; 5. The envelope in which the Trademark Office sends the notification of verification; 6. Other relevant supporting materials and physical evidence. Evaluation fee: 1500 yuan, if the application for extension and increase the extension fee of 500 yuan (the following types of case fees and extension fees rejected review). Other requirements: The trademark, goods/services and other contents of the original Application for Trademark Registration cannot be changed.
(2) The legal basis for review of the objection ruling of the Trademark Office: Article 19 of the Trademark Law. Applicant qualification: must be the opponent or the person opposed in the original trademark opposition case. Application time limit: Documents: 1, "rejected transfer review application" a copy, indicating the reasons; 2. Original Application for Transfer of Registered Trademark; 3, the original "trademark transfer rejection Notice" and the envelope sent by the trademark Office; 4, the transfer of trademark registration certificate; 5. Other relevant supporting materials. Review fee: (same as rejection review)
(4) Legal basis for reexamination of an application for renewal of a registered trademark rejected by the Trademark Office: Article 23 of the Detailed Rules. Applicant qualification: Must be the original applicant applying for renewal of registration. Application time limit: (Application time limit and extension request are reviewed together with rejection) Application form:
1. A copy of "Application for Review of Rejection of Renewal", indicating the reasons; 2, "Trademark renewal registration application" original; 3, "Trademark renewal rejection Notice" original and the envelope sent by the trademark Office; 4. Submit the trademark registration certificate for renewal of registration; 5. Other relevant supporting materials. Review fee: (same as rejection review)
(5) The legal basis for the review of the cancellation of registered trademarks by the Trademark Office: Articles 30, 31 and 35 of the Trademark Law and Article 27 (1) of the Trademark Law and Article 25 of the Rules. Applicant qualification: must be the registrant of the improperly registered trademark revoked by the Trademark Office. Application time limit: from the receipt of the Trademark Office "cancellation of improperly registered trademark decision" within 15 days from the date of submission of review (extension request and rejection of review). Application form: 1, submit a "Reexamination Application for Revocation of improperly registered trademarks", indicating the reasons; 2. Submit the "Decision on Revocation of improperly registered Trademarks" and the envelope sent by the Trademark Office; 3. Other relevant materials. Review fee: (same as rejection review)
(7) The legal basis for disputes over registered trademarks: Article 27 (2) of the Trademark Law and Article 24 of the Detailed Rules. Applicant qualification: shall be the trademark registrant prior to the disputed trademark application. Time limit for application: one year from the date on which the disputed trademark is approved and registered by the Trademark Office (no extension is allowed). Application form: 1, submit the Trademark Dispute Adjudication Application in duplicate, and specify the reasons for the dispute. If the disputed trademark involves only part of the content (trademark or goods/services), it may apply for partial cancellation; 2. The applicant shall provide a copy of the registration certificate in advance of the application. Review fees: (with the rejection of the review) Other requirements: 1, the applicant provides the disputed p; 1. Submit two copies of the Application for Cancellation of improperly Registered Trademarks, stating the reasons; 2. Relevant evidentiary materials. Other requirements: 1. The Trademark Review and Adjudication Board shall send a copy of the Application for Revocation of improperly Registered Trademarks to the respondent within a time limit for defense; 2. The respondent's refusal to reply or his reply exceeding the time limit shall not affect the trademark ruling.
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