Can a rejected trademark still be used?

During the process of applying for rejection review, there will be hope of successfully obtaining a trademark registration certificate; even if the final review fails, during this period, the party concerned still retains the right to use it and can continue to use the TM mark. On the contrary, if you choose to give up the application for rejection review, the trademark application process will be declared invalid. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can a rejected trademark still be used?

In the trademark In the case of rejection, although the trademark can continue to be used, since it has not been registered, it cannot obtain full legal protection.

According to the clear provisions of my country’s Trademark Law, if the trademark rejection contains absolute grounds for rejection, we do not recommend further rejection review; in contrast , if the trademark rejection is a relative rejection, it is recommended that you seek help and advice from an intellectual property agency immediately.

Through an in-depth understanding and mastery of the trademark review standards, the agent will scientifically evaluate and judge the degree of similarity of the trademarks, and then decide whether it is necessary to launch a rejection review program.

Once the rejection review process is initiated, it is possible to successfully obtain trademark registration.

Even if the rejection of the review fails to bring about the expected results, the trademark applicant still has the right to continue to legally use the TM mark throughout the review period.

If you choose to give up the review application, the trademark application will be automatically revoked and entered into an invalid state.

Article 30 of the "Trademark Law of the People's Republic of China"

A trademark applied for registration, If the trademark does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.

2. Can a trademark be enforced as property?

Yes, the arbitration award must be duly observed and implemented by the parties.

If one party fails to perform its obligations as scheduled At that time, the other party has the right to file an enforcement application with the corresponding people's court in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of my country.

The people's court that made the request should promptly start enforcement work after receiving the application.

Follow such legal procedures when the award made by the arbitral tribunal becomes legally binding. , and after the expiration of the performance period, if there is still a party to the contract that has not performed the arbitration award, the other party can apply to the court with jurisdiction to implement enforcement measures in accordance with the law.

During this process, the parties need to submit an application for compulsory execution of the arbitration award and relevant supporting materials to the People’s Court, including the arbitration award (original or copy), the Proof of service, contract documents containing arbitration agreements or applicable arbitration clauses, and other supporting documents and materials required to be submitted by the people's court.