1. Can I still use the trademark after it has been rejected?
1. A rejected trademark can still obtain temporary use rights. However, since the trademark has not been successfully registered, the resulting interests cannot be protected by law.
2. In accordance with my country's current laws and regulations, all trademarks applied for registration shall have any discrepancies with the regulations or be in the same or similar product field. If a registered or preliminary examination-passed trademark is similar, the trademark will face the fate of the General Administration of Trademark rejecting its application and not publishing it.
3. When the trademark registration application is rejected, the applicant has fifteen days to consider whether to review the decision.
At this time, the applicant may choose to submit a reexamination application to the Trademark Review and Adjudication Board in writing from the date of receipt of the notice from the Trademark Review and Adjudication Board.
Article 30 of the Trademark Law of the People's Republic of China
If a trademark applied for registration 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 shall The application is rejected and no announcement will be made.
2. Can well-known trademarks be protected across categories?
A well-known trademark is a type of trademark that is protected by the law in a more sophisticated and comprehensive manner. Compared with traditional ordinary trademarks and registered trademarks, a well-known trademark is not only protected in similar goods or service categories, but its unique feature is that it also enjoys Broad protection rights that transcend categories.
Under my country's current relevant legal system, the scope of cross-class protection granted to well-known trademarks is set to be consistent with the well-known trademarks.Goods or services that are similar to the famous trademark.
This kind of cross-category protection does not cover all industry fields. It is limited to situations that can cause consumers to confuse, misunderstand or have doubts about the product provider or the source of the service. It only comes into play in special associations and other situations.
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