How to appeal against trademark rejection? What information is needed to appeal against trademark rejection? Generally, if a trademark application is rejected, you cannot appeal directly, but you can apply to the Trademark Review and Adjudication Board for review. According to the clear provisions of Article 34 of our country’s Trademark Law, the Trademark Office must notify the applicant in writing of a trademark that rejects the application. Notify applicants.

1. How to appeal if your trademark application is rejected?

If your application for registered trademark is rejected, you cannot appeal directly. You can apply to the Trademark Review and Adjudication Board for review.

Article 34 of the "Trademark Law of the People's Republic of China" 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.

2. What are the circumstances for rejecting a trademark registration application?

For a trademark applied for registration under Article 30 of the Trademark Law of the People’s Republic of China, any trademark that does not comply with If the relevant provisions of this Law are the same as or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.

Article 31: If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the trademark is applied for on the same day, the previously used trademark will be initially reviewed and announced, and applications from others will be rejected and will not be announced.

Article 34 The Trademark Office shall notify the trademark registration applicant in writing if the application is rejected and the trademark is not 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 rejection review materials:

1. A copy of the corporate business license (with official seal)

2. Trademark conception and use (main highlights) Popularity)

3. Company profile

4. Various honors received by the company

5. Sales, advertising expenses and related financial conditions of the company in the past three years .

6. Originals and copies of corporate media reports or picture advertisements

7. Originals and copies of the appearance of the products sold by the company

8. Others that can prove the company's products and famous evidence and materials

9. Documents proving the earliest use of this trademark

10. The applicant needs to classify and number the evidence materials submitted one by one and make a catalog list. The source of the evidence and the specific facts to be proved should be briefly described and stamped with the official seal.

Frequently Asked Questions: Is the success rate of trademark rejection review high?

3. What are the conditions for obtaining trademark rights?

(1) The design of the trademark logo must be It is composed of one or more of text, graphics, letters, numbers, three-dimensional logos and color combination elements.

(2) The words and graphics used in the trademark should have distinctive features and be easy to identify.

(3) It is not identical or similar to others’ registered trademarks.

(4) It does not fall within the scope of the prohibitive provisions of the Trademark Law.

(5) Application for registration should be made to the Trademark Office in accordance with the law. Without registration, the user shall not obtain trademark rights.

In contemporary society, trademark applications first need to undergo substantive formal review, which means that they may be rejected. Once rejected, there is actually no appeal, but you can Directly submitting a request for reexamination to the Trademark Review and Adjudication Board is also a method of relief.

The above is how to appeal against trademark rejection. What information is needed to appeal against trademark rejection? of the entire content.

It is very difficult to register a trademark because you will encounter many risks. However, after successfully registering a trademark, you still need to pay attention to some relevant matters, otherwise you will lose your exclusive rights to the trademark. If you want to know more about registered trademarks, you are welcome to come to Intellectual Property for detailed consultation! Is the success rate of trademark rejection review high? What are the precautions for trademark rejection review