What to do if your application for trademark registration is rejected

If the application for Trademark registration is rejected, if the applicant is dissatisfied with the decision of the industrial and commercial administration department, he can apply for review within 15 days after receiving the notice. The Trademark Review and Adjudication Board will make a decision within 9 months. If he is still dissatisfied with the review decision If you are not satisfied, you can file a lawsuit in court within 30 days after receiving the notice. Regarding the question of what to do if your application for trademark registration is rejected, the editor of Legal Savior Network will give you a detailed answer below.

1. What should I do if my application for trademark registration is rejected?

Applying for trademark registration If the application is rejected, you may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice.

Legal basis: "Trademark Law of the People's Republic of China"

Article 34 For a trademark that rejects the application and will not be announced, the Trademark Office shall notify the trademark registration applicant in writing. 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.

2. What are the requirements for applying for trademark registration?

Legal basis: "Trademark Law of the People's Republic of China"

Article 22 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.out.

Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.

Article 24 If a registered trademark needs to change its sign, a new registration application must be submitted.

Article 25 A trademark registration applicant shall apply for trademark registration in China within six months from the date when his or her trademark is first filed for trademark registration in a foreign country. If a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and the first proposed trademark shall be submitted within three months. A copy of the registration application document; if a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that no priority has been claimed.

Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark shall be used from the date the goods are exhibited Within six months from the date of registration, the applicant for registration of the trademark can enjoy priority.

Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration and submit an exhibition displaying their goods within three months. If the applicant fails to make a written statement or fails to submit supporting documents within the time limit, it will be deemed that priority has not been claimed.

Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.

If the trademark registration is rejected, the industrial and commercial administration department will not make an announcement about the rejected trademark registration application, but will inform the applicant of the reason for the rejection. , if the reason why the industrial and commercial administration department rejects the application is reasonable, the conclusion of the review application will be the same. I hope the above content will 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.