What is the trademark review process
Applying for trademark review should be based on Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules.
1. Applicant qualifications: must be the original applicant whose trademark registration application was rejected by the Trademark Office.
2. Application time limit: Within 15 days from the date when the trademark registration applicant receives the "Trademark Rejection Notice" from the Trademark Office for the trademark registration application. Apply for review. If the application is delayed due to force majeure or other legitimate reasons, you may apply for an extension 30 days before expiration. Whether the extension is allowed will be decided by the Trademark Review and Adjudication Board.
3. Documents for application for reexamination:
(1) The applicant shall submit the application to the Trademark Review and Adjudication Board Submit the "Application for Review of Refusal of Trademark Registration Application" (applicants should fill in the application carefully, especially sufficient reasons for review);
(2) Attached is also attached : The original copy of the "Trademark Registration Application" stamped with the "Rejection" seal of the Trademark Office;
(3) The original copy of the "Trademark Rejection Notice";
(4) Trademark drawings (10 original drawings);
(5) Trademark Office sends trademark verification Notification envelope (used to determine whether the reexamination is submitted within the specified time limit);
(6) Other relevant supporting materials and physical evidence;
(7) If the applicant needs to supplement relevant evidence materials after submitting the review application, it should state it in the application and submit the application within 3 months from the date of submission. The same number of evidence materials; if it is not stated in the application or is not submitted within the time limit, it will be deemed as a waiver of supplementing the relevant evidence materials;
(8) Other requirements: Submit the originalThe trademark, goods, services and other contents filled in the "Trademark Registration Application Form" cannot be changed in any way.
4. Review fees: Those applying for review should pay the trademark rejection review application fee. The current fee standard is 1,500 yuan per application.
5. Within thirty days from the date of receipt of the "Application for Reexamination of Refusal of Trademark Registration Application", the Trademark Review and Adjudication Board shall, upon review, deem that it meets the statutory acceptance conditions. Accept the application and notify the applicant in writing; if it is considered that the legal conditions are not met, the applicant will be notified in writing of rejection and the reasons will be explained.
6. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it can make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted and a written notification will be issued. Applicant and return all application documents.
Experts from the Legal Savior Network suggest: Don’t be discouraged when your trademark application is rejected. The key is to do enough trademark review work, state the main reasons clearly, and step aside. Try to collect as much evidence as possible. If the entire review process is relatively complicated, it is better to entrust a professional agency to conduct the trademark rejection review. Professionals will do it, which will inevitably increase the chance of success to a certain extent.
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