How to deal with a rejected trademark registration
According to Article 34 of the Trademark Law , the Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Trademark There are many reasons for rejection, usually including the following:
1. Due to unfavorable trademark search. Judging from the current trademark registration situation, most trademarks are submitted through agency organizations. If there is an entrusted agency organization, the inquiry work is usually completed by the agency organization. Therefore, most trademark rejections are caused by unfavorable searches by trademark agencies.
2. Due to the blind search period. The unfavorable agency query mentioned above refers to the query outside the blind search period. If the trademark that the applicant wants to check was applied for a week ago, then this risk is unavoidable and the result cannot be checked. If the application is rejected for such reasons, the responsibility does not lie with the agency, but is usually the responsibility of the applicant.
3. Due to violation of mandatory regulations. Trademarks that violate mandatory regulations include:There are many reasons such as sex, exaggerated propaganda, and adverse effects.
Does registration need to be filed after trademark registration?
Trademark registration is to submit a trademark registration to the National Trademark Office in accordance with the Trademark Law, so as to clearly obtain the protection of the Trademark Law and other relevant laws and regulations.
Trademark filing generally refers to the customs registration and filing, a protective measure to protect the rights holder's registered trademark rights. That is, when import and export declarations are made for goods that infringe upon the rights holder's exclusive right to register a trademark, the customs can detain the relevant goods based on the trademark registration status. This is also a technical barrier to intellectual property trade in the development of international trade.
After the trademark is registered, it can be used directly without filing. However, if the goods need to be imported and exported, they can be filed for better processing. Protect your own rights and interests.
The above is the relevant information compiled by the editor for everyone on how to deal with the rejection of trademark registration. Trademark registration is a highly professional matter. After reading the above information, if you still have questions that are unclear or unclear, you are welcome to come to the Legal Savior website to consult with a lawyer for better maintenance. own rights and interests.
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