Trademark rejection review

Trademark rejection review, means that after the trademark application for registration is rejected by the Trademark Office, the applicant is dissatisfied with the reasons and legal basis for the rejection and applies to the Trademark Review and Adjudication Board for review.

Meet the conditions
(1) The applicant for review of a rejected trademark must be the original applicant for a trademark rejected by the Trademark Office. Others are not eligible to apply.
(2) To reject an application for trademark review, it must be submitted within the legal time limit.
(3) The content of the rejected trademark review application must be the exact content of the rejected trademark registration application, and the reason for review must be based on the reasons for the rejection by the Trademark Office. Otherwise, the review application will be deemed invalid.
(4) To apply for rejection of trademark review, the original "Notice of Trademark Rejection", a copy of the envelope, the "Application for Rejection of Trademark Review" review power of attorney, the subject qualification certificate, etc. must be submitted to the Trademark Review and Adjudication Committee.
(5) Pay the trademark review fee. If the above requirements are met, the Trademark Review and Adjudication Board will accept the application. If the procedures are incomplete, the application documents will be returned for correction within a time limit. The Trademark Review and Adjudication Board will make a final decision based on the majority opinion of the members after analysis, study, and collective discussion. If the majority of members believe that the reasons for the re-examination application are valid, the final decision will be to deny the Trademark Office's rejection opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reasons for the re-examination application are not valid, the final decision will be to uphold the Trademark Office's rejection opinion and approve the applied trademark. turn down. Once the Trademark Review and Adjudication Board's final decision is made, it will have legal effect and both the applicant and the Trademark Office must implement it.

effect
The Trademark Office’s conclusion on the registration application is related to whether a trademark can be approved for registration, and to a certain extent, affects whether the trademark right can be established.
However, although the Trademark Office has strict examination procedures and standards, the registration examination of each trademark application is completed through the independent work of each examiner. Due to the differences in professional scope, knowledge and work experience of different examiners, There are individual differences, and the review work will inevitably be affected by subjective factors. For the same type of case, different examiners may reach completely opposite judgments. It is precisely because of the existence of such factors that it is impossible for the examiners of the Trademark Office to ensure that their judgments fully comply with the provisions of the law during the substantive examination, or that defects in their work will inevitably occur. In particular, due to the particularity of individual cases such as the review of trademark registration applications, it is impossible for applicants to fully reflect the objective circumstances of their applications in their applications. Only after they are rejected can they have the opportunity to fully provide them to the trademark review and review authority. Therefore, the quality of the examination work directly affects the quality of trademark registration and is also directly related to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law sets up a relief procedure for rejection review.