What happens if a trademark registration application is rejected?

According to Article 32 of the Trademark Law, the Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application or non-publication of the trademark. If the applicant for trademark registration is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. If a party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

There are many reasons for trademark refusal, which usually include the following:

1. Caused by unfavorable trademark search. Judging from the current trademark registration situation, most of the trademarks are submitted through the ** organization. If there is a commissioned organization, the inquiry work is generally completed by the organization.

Therefore, most of the rejection of trademarks is due to the unfavorable search of the trademark ** company. Therefore, the author has also said that in trademark registration, the applicant can only compare the best and should also make more comparisons in terms of service quality. Although the organization is not a panacea, a good organization has more experience in avoiding rejection, and relatively speaking, it will be conducive to the smooth application of the trademark.

2. Caused by the blind inspection period. The above-mentioned ** organization query is unfavorable, which refers to the query outside the blind check period. The blind check period has been mentioned in many articles before.

Trademarks are examined in Beijing, and it is impossible for the General Administration of Trademarks to enter all trademarks into the system on the same day, and the data queried are all data from 3 months ago.

If the trademark that the applicant wants to search is applied for a week ago, this risk is unavoidable, and the result is also unsearchable. If this reason is rejected, the responsibility does not lie with the ** organization, and is usually borne by the applicant.

Due to the violation of mandatory regulations. Trademarks that violate mandatory provisions include: lack of distinctiveness, exaggerated publicity, adverse effects and many other reasons.

For example, Class 29 spicy trademarks were rejected on the grounds that they were not distinctive. This is also the case for the Class 30 trademarks.

Class 33 Cistanche trademarks were rejected on the grounds of generic names.

Trademark registration is to file a trademark registration with the State 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 a protective measure to protect the rights and interests of the right holder in the registered trademark by registering with the customs. That is, when the import and export declaration of goods that infringe the exclusive right to use the registered trademark of the right holder, the customs can seize the relevant goods according to the situation of the trademark filing, which is also a kind of intellectual property technology barrier in the international development.

After the trademark is registered, it can be used directly without filing, but if the goods are to be imported and exported, it can be recorded, so as to better protect their own rights and interests.

To sum up, if the application for trademark registration is rejected, you can apply to the Trademark Review and Adjudication Board for review, and of course, if you are still not satisfied with the result of the review, then you can directly file a lawsuit with the people's court within the specified time.

If a trademark registration is refused, a decision may be made within 15 days from the date of receipt of the notice of refusal, whether to do a rejection review or waive the right of review, according to the reasons for the rejection and the cited trademark.

If the trademark registration application is rejected, it means that the conditions of your trademark registration application are not qualified, so just correct your conditions and it can be completed.

If your trademark registration application is rejected, it is recommended that you readjust your trademark application before applying.

First, after receiving the notice of refusal, the applicant should promptly ascertain the reasons for the refusal and actively adopt countermeasures.

Second, if the trademark applicant agrees with the reasons for rejection in the notice of rejection or considers it unnecessary to continue to fight for the registered trademark, the applicant does not need to deal with the notice of rejection.

Thirdly, if the applicant is not satisfied with the reasons for rejection in the notice of rejection, the applicant may apply to the State Intellectual Property Office for a review, write the specific reasons for retrial based on the specific reasons for rejection in the notice of rejection, and submit appropriate evidence materials in light of the specific circumstances of the case.

Fourth, if the application for rejection review submitted is not supported, the applicant may file an administrative lawsuit with the people's court within the statutory time limit.

Qingdao Hongzhuo's accounting suggests that it is best to find out what circumstances may lead to the rejection of the trademark registration application before applying for trademark registration, and then try to avoid these situations.

What should I do if my application for registration is rejected? Then you can think of another trademark to register.

"If a trademark is rejected by the Trademark Office after substantive examination, the applicant shall file an application for rejection review with the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice of refusal, otherwise the trademark will be invalid. If the reasons for rejection by the Trademark Office are indeed sufficient, there is no need to apply for rejection review, and if the applicant believes that the reasons for rejection by the Trademark Office are insufficient, he can file an application for rejection review, and the general professional ** agency can put forward reasonable suggestions to the applicant according to the reasons for rejection of the Trademark Office. ”

Of course, if the trademark cited by the rejection is very similar to you, it is recommended to give up, and this should be found by a professional person to help search and see, and if you don't understand, you can continue to ask.

If the Trademark Office believes that the content of the trademark violates the law or harms the public interest, we may make appropriate changes to the content of the trademark.