How to review a review case of dissatisfaction with the decision to reject a trademark registration application

When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to reject a trademark registration application, it shall review the Trademark Office's decision to reject the decision and the facts, reasons, and requests of the applicant for review, as well as the factual status at the time of review. Regarding the issue of how to review a review case against the decision to reject a trademark registration application, the editor of Legal Savior Network will answer it in detail for you below.

1. How to hear a review case of dissatisfaction with the decision to reject a trademark registration application

1. When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office’s decision to reject a trademark registration application, it shall review the Trademark Office’s decision to reject the decision and the facts, reasons, and requests of the applicant for review, as well as the factual status at the time of review.

2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"

Fifth Article 12 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to reject a trademark registration application, it shall review the Trademark Office's decision to reject the decision and the facts, reasons, and requests of the applicant for review, as well as the factual status at the time of review.

The Trademark Review and Adjudication Board heard a review case of dissatisfaction with the Trademark Office’s decision to reject a trademark registration application and found that the trademark applied for registration violated Articles 10 and 11 of the Trademark Law , Article 12 and Article 16 Paragraph 1, if the Trademark Office has not made a decision to reject the application in accordance with the above provisions, it may make a review decision to reject the application in accordance with the above provisions. The Trademark Review and Adjudication Board shall listen to the applicant's opinions before making a review decision.

2. How long does it take to review a trademark rejection

The party concerned shall, in accordance with the provisions of the Trademark Law, submit the "Rejection of Trademark Review Application" to the Trademark Review within 15 days from the date of receipt of the rejection notice from the State Trademark Office. The committee applies for review and attaches the "Application for Trademark Registration", "Notice of Trademark Rejection" and other materials.

In the rejection application for review, the party concerned shall clearly request a review, provide relevant facts and evidence, and state the reasons why the State Trademark Office’s rejection of the registration application is untenable. . When the Trademark Review and Adjudication Board receivesAfter formal review of the applicant's application (if the formal review fails, it will not be accepted, and if the materials are insufficient, they will be required to be completed within a time limit). It is deemed that the applicant's reexamination application meets the statutory formal requirements. The Trademark Review and Adjudication Board will accept the application and review the trademark. Conduct a comprehensive review and evaluation of the legality of the Bureau’s rejection decision and the facts, reasons, and requests of the applicant for review. In the trademark rejection review process, since cross-examination by the parties is not involved, the Trademark Review and Adjudication Board generally does not apply the public review process. After review and evaluation, the Trademark Review and Adjudication Board will notify the trademark rejection review applicant in writing of its decision. The trademarks that the Trademark Review and Adjudication Board decides should be subject to preliminary review will be handed over to the National Trademark Office for preliminary review and announcement. If the party concerned fails to submit a rejection review application to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the rejection notice from the National Trademark Office, the rejection notice from the Trademark Office will become legally effective.

It takes about one to one and a half years to complete the entire trademark rejection review process.

According to the provisions of the "Regulations for the Implementation of the Trademark Law", the Trademark Review and Adjudication Board shall review cases that are dissatisfied with the Trademark Office's decision to reject a trademark registration application. The rejection decision and the facts, reasons, requests and factual status at the time of review of the applicant's application for review will be reviewed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.