What should I do if my trademark registration is rejected? What are the good methods?

When your trademark registration application to the Trademark Office is rejected, you should first find out the reasons for the rejection, and then investigate whether your trademark is identical or similar to an already registered trademark. If not, you can file a review with the Trademark Office. If the above situation does exist, you need to cancel the application yourself. Regarding the question of what to do if trademark registration is rejected and what good methods are available, the editor of Legal Savior Network will answer it in detail for you below.

1. What to do if trademark registration is rejected? What are the good methods?

It is not unsolvable for a trademark registration application to be rejected by the Trademark Office, nor does it mean that the trademark has been sentenced to death. As long as the reasons for the rejection of the trademark are rationally analyzed and targeted rescue countermeasures and measures are taken, the trademark can be brought back to life.

When your application is rejected, you should pay attention to several time points: the 15th, 9 months, and an extension of 3 months.

15 days means that if the registration application is rejected, a review must be submitted to the Trademark Office Review and Adjudication Committee within 15 days of receiving the rejection notice from the Trademark Office.

9 months refers to the entire process from the filing of a rejection application to the Trademark Review and Adjudication Board’s decision on review.

Extension of 3 months means that if there are special circumstances that require an extension, the extension shall be approved by the Industrial and Commercial Administration of the State Council. It can be extended for three months with departmental approval. The following introduces several measures that can be taken if the registration application is rejected:

1. File a three-year withdrawal review

This method is suitable for cases where the cited trademark has been registered for three years. If the cited trademark has been registered for three years, you can apply to cancel the category that the other party has not used in the past three years, apply for trademark review at the same time, and win the trademark you want to register.

2. Postponement of reexamination

Some cited trademarks have expired and have not been renewed. For one year, no one else can apply for the trademark, and even if it is applied, it will not be approved. At this time, the rights to be objected, withdrawn from review, etc. are unstable. The trademark reexamination is deferred (9 months and 3 months) for exactly one year. When the cited trademark expires and is not renewed, the trademark can be obtained.Exclusive rights.

3. Review and re-apply

If the applied trademark is a combination of pictures and text , you can use this method. If a trademark is rejected because of similar patterns, the applicant can selectively separate the pattern and text and apply again. At the same time, similar parts will be reviewed in other ways to obtain the right to use the corresponding category.

4. Division review

Of all the categories for which a trademark is applied for, some categories can be reviewed When registering, you can first register these categories to obtain dedicated permissions. Then choose an appropriate method to review the rejected category.

5. Partial review

If the applied trademark is similar to multiple trademarks, for example, the pattern is similar to Trademark A is similar, and the text is similar to trademark B. Then, we can choose to abandon some categories of products or services that are the same as trademark A, and then go for reexamination. The possibility of passing will be much higher.

6. Review

If the applied trademark is the same as the company’s trade name, at the same time, the company If the registration time is earlier than the registration time of the cited trademark, relevant evidence can be provided for review according to the first-to-file principle.

2. Can I rush to register my trademark after it has expired?

One ​​and a half years after the trademark expires, others can apply for registration successfully.

Legal basis: According to Article 40 of the Trademark Law and Article 33 of the Implementation Regulations of the Trademark Law, a registered trademark is valid for ten years . If a registered trademark needs to be continued to be used after its validity period expires, the renewal procedures should be completed in accordance with the regulations within twelve months before expiration; if it cannot be processed during this period, a six-month extension period can be given. Secondly, after the trademark becomes invalid, there is still a one-year protection period, that is, only this company can successfully register the trademark within this year, and others will not be able to pass. Therefore, after a trademark expires, it is generally protected for one and a half years, and other people cannot register it.

Normally, you can apply for preemptive registration after the trademark expires. After the trademark expires, the trademark registrant fails to register within the specified grace period.When you apply for a trademark, the trademark will be cancelled. The canceled trademark no longer belongs to the original owner. Other companies can apply if they want the trademark. 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.