The legal effect of “rejecting the application and not publishing it”

In real life, when many people apply for a trademark from the Trademark Office, they will be notified by the Trademark Office of “rejecting the application and not publishing it.” So, what is the legal effect of "rejecting the application and not making the announcement"? In order to answer this question, the editor of Legal Savior Network will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you. .

1. Legal effects of "rejection of application and failure to announce"

According to the provisions of my country's Trademark Law, if a trademark applied for registration does not comply with the relevant provisions of the Trademark 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. No announcement will be made.

The trademark application was rejected by the Trademark Office and was not announced, which means that the trademark registration application failed to be approved by the Trademark Office. If the applicant is not within the statutory time limit, When a reexamination is filed, the trademark registration application process ends. The trademark registration fee paid by the applicant will not be refunded.

Article 29 of the Trademark Law

During the review process, the Trademark Office believed that the trademark If the registration application content needs explanation or correction, the applicant may be required to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

2. What is the trademark registration process?

The procedure for applying for trademark registration is divided into two steps:

Step one: trademark search. Provide professional inquiries based on the trademarks submitted by customers and the goods or services used by the trademarks. Based on the inquiry results, we will provide customers with feasibility analysis and suggestions for trademark registration to minimize the risk of trademark rejection.

Step 2: Apply for registration.

① Application stage: Report to the Trademark Office on the same day and return to the Trademark Office on the same day to submit the submission list;

②Trademark Office reviewStage: Formal review passed -> Trademark Office issues acceptance notice -> Substantive review;

③ Preliminary review announcement, approval registration stage: Substantive review passed -> Preliminary review announcement ->Objection period->Approval of registration.

Trademark registration time

1. The Trademark Office issues an acceptance notice in about 3 months ;

2. The Trademark Office will issue a preliminary review announcement for the trademark that has been reviewed within 10 months

3. The preliminary announcement period is 3 months;

4. The entire time for trademark registration to be completed is about 16 months;

5. Except that the Trademark Office announces the trademarks that have passed the preliminary examination within 9 months and the preliminary announcement period is 3 months, which is the legal period, other times are estimates. Due to the examination of the Trademark Office, Due to special reasons, the completion time of individual trademark registrations may be delayed.

The above is the answer given by the editor of Legal Savior Network on "The legal effects of rejecting the application and not publishing it". We can understand that the trademark application has been rejected by the Trademark Office. Rejection and failure to publish means that the trademark registration application has not been approved by the Trademark Office. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.