Review of rejected trademark

Review of rejected trademark means that after the Trademark Office has examined and rejected the application for trademark registration, the applicant is not satisfied with the reasons and legal basis of the rejection of the Trademark Office, and applies to the Trademark Review and Adjudication Board for review and review of the original case.

Type:

(1) Review by the parties against the rejection of the trademark registration application by the Trademark Office;

(2) Review by the parties against the rejection of the application for assignment of registered trademarks by the Trademark Office;

(3) An application where the party refuses to accept the Trademark Office's rejection of the application for renewal of the registered trademark

4. Review by the parties against the ruling of the Trademark Office;

 

Have the condition

(1) The applicant for review of the rejected trademark must be the original applicant for the rejected trademark by the Trademark Office, and others are not eligible to apply.

(2) Rejection of an application for trademark review must be filed within the statutory time limit.

(3) The contents of the rejected trademark review application must be the exact contents of the rejected trademark registration application, and the reasons for review must be the reasons for the rejection of the Trademark Office. Otherwise, the application for review shall be deemed invalid.

(4) To apply for trademark rejection review, the original Notice of Trademark Rejection and the Application for Trademark Rejection Review must be sent to the Trademark Review and Adjudication Board in two copies.

(5) Pay trademark evaluation fees. If the above requirements are met, the Trademark Review and Adjudication Board accepts the application. If the formalities are not complete, the application form shall be returned within a time limit. The Trademark Review and Adjudication Board shall, after analysis and study and collective discussion, make a final decision with the majority opinions of its members. If the majority of the members think that the reasons for reviewing the application are established, the final decision is to deny the refutation opinion of the Trademark Office, grant the preliminary examination and approval, and publish the Preliminary Examination and Approval Trademark Announcement; If the reasons for the application for review cannot be established, the final decision is to maintain the refutation opinion of the Trademark Office, not preliminarily approved, and then rejected. Once the final decision of the Trademark Review and Adjudication Board is made, it shall have legal effect and both the applicant and the Trademark Office must implement it.

5. Review of the party's refusal to accept the cancellation of the registered trademark by the Trademark Office;

6. Review of the party's refusal to accept the cancellation of the improperly registered trademark by the Trademark Office;

The conclusion of the trademark Office's examination of the registration application is related to whether a trademark can be approved and registered, and to a certain extent, it affects whether the trademark right can be established.

Functions:

However, although the Trademark Office has strict examination procedures and standards, the examination of each application for trademark registration is completed by the independent work of each examiner. Due to the individual differences in the professional scope, knowledge and work experience of different examiners, the examination work is bound to be affected by subjective factors. For the same type of case, different examiners may reach diametrically opposite judgment results. It is precisely because of the existence of this factor that it is determined that it is impossible for the inspectors of the Trademark Office to ensure that the judgment fully complies with the provisions of the law in the substantive examination work, or it is inevitable that there will be flaws in the work. In particular, due to the particularity of the case of trademark registration application review, it is impossible for the applicant to fully reflect the objective situation of its application in the application, and only after it is rejected, it has the opportunity to fully provide it to the trademark review and adjudication authority. Therefore, the quality of the examination work directly affects the quality of trademark registration, and also directly relates to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law sets up a relief procedure for rejection review.