Trademark review review review refers to the Trademark Review and Adjudication Board of the Trademark Office to review the original rejected the application for trademark registration. As for the result of trademark examination, strict censorship procedures are stipulated in the laws of all countries. China's trademark law trial system. The first instance shall be examined by the trademark office. The trademark office considers that the contents of the application for trademark registration submitted by the applicant are not in conformity with the provisions of the trademark law, and the notice of rejecting the application for the trademark shall be made. If the applicant does not have any different opinions on the reasons for the application and the legal provisions quoted in the Trademark Office, the examination results of the Trademark Office shall be concluded. If the applicant refuses to accept the reasons for the rejection of the Trademark Office and the legal basis, it may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination, which is second instance and also final. To reject the Trademark Review must comply with the following form requirements:
(1) applicant. In accordance with the provisions of article twenty-first of the trademark law, the applicant refuses to accept the rejection decision and may apply for a review. Therefore, to reject the trademark review, the applicant must be returned to the original applicant of the trademark by the trademark office. Others are not eligible for applicants.
(2) application time limit. If the application for trademark review is rejected, it must be lodged within the time limit prescribed by the law. Article twenty-first of the trademark law provides that the application for cancellation of a trademark review may be filed within 15 days from the date of receipt of the notification. The last day, if it is a holiday, is limited to the first day after the holiday. At the same time, the trademark law rules for the implementation of the provisions of article forty-sixth, due to force majeure or other legitimate reasons, the applicant can not be within 15 days to apply, you can apply for an extension before the expiration of 30 days, it shall be decided by the Trademark Review and Adjudication board. A deferred application fee must be paid for the extension application.
(3) application content. To reject the content of the trademark review application shall be the exact content of the trademark registration book which is rejected, including the words, graphics and designated commodities of the trademark, and may not be altered. In the event of change, the application is deemed null and void. The reasons for the review must be based on the reasons for the cancellation of the Trademark Office, and may also be accompanied by relevant evidence.
(4) application procedure. According to the provisions of the seventeenth rules for the implementation of the trademark law, "will review trademark application for" send a trademark review and Adjudication Board, at the same time as the "trademark registration application" (the Trademark Office rejected the original), 10 copies of the original trademark design, black-and-white draft and notice of dismissal.
(5) pay the trademark review fee. In conformity with the above requirements, the Trademark Review and Adjudication Board accepts the application. If the formalities are not complete, the application shall be returned within a time limit. The Trademark Review and Adjudication Board shall be decided by the majority opinion of the committee after the analysis and study and collective discussion. Most members thought that the reexamination tenable, the final decision is denied the Trademark Office rejected the offer granted preliminary approval, published "preliminary approval notice" trademark reexamination; reason can not be established, the final decision to maintain the Trademark Office trademark on the original nuclear barge, not the preliminary approval, then dismissed. Once the decision has been made by the Trademark Review and Adjudication Board, it is legally effective and the applicant and Trademark Office must execute it.
According to the China Trademark Strategy annual development report, in 2015, the Trademark Office examined 2338966 trademark registrations and rejected 883650 applications for trademark registration. According to the data, the rejected trademarks accounted for 37.8% of the total number of reviews. That is, each application for three trademarks, that is greater than one trademark was rejected. Therefore, as far as the review of the trademark office is concerned, it is more common that the trademark is rejected.
After the trademark has been rejected, whether or not to review?
In addition to reject reason reliable agency analysis, enterprises should also decide the importance of the rejected trademark on the enterprise, thus combining professional agency advice to decide whether to review (review period of only 15 days, the removal of written material time, suggestions of the receipt of the notice within 7 days of the completion of the night).
Finally, it is a reminder: at present, many enterprises put into use in the submission of application for trademark registration is trademark in trademark TM, rejected, there is a certain number of the commodity market is in circulation, the trademark ownership issues in order to avoid the goods in circulation in the trademark directly invalid, enterprises should also be the trademark review, in nine months to a year waiting for the judges hearing the buffer time, determine the new trademark and adjust corporate brand development direction as soon as possible.