Can the reasons for the rejection of the trademark be far fetched, and can it be administratively re

1. What are the procedures for trademark refusal review?

The application for trademark refusal review shall be conducted in accordance with Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules.

1. Applicant qualifications: must be the original applicant who has been rejected by the Trademark Office for trademark registration.

2. Time limit for application: The applicant for trademark registration shall apply for reexamination within 15 days from the date of receipt of the Trademark Office Trademark Rejection Notice of the trademark registration application. If the extension is delayed due to force majeure or other legitimate reasons, it may apply for an extension of 30 days before the expiration of the period, and the Trademark Review and Adjudication Board shall decide whether to grant the extension.

3. Documents for application for review:

1) The applicant shall submit to the Trademark Review and Adjudication Board the Application for Review of the Application for Rejection of Trademark Registration (the applicant should carefully fill in the application form, especially the sufficient reasons for retrial);

2) At the same time, the original "Application for Trademark Registration" stamped with the "rejection" seal of the Trademark Office will be attached;

3) The original Notice of Trademark Refusal;

4) Trademark drawings (10 original drawings);

5) The envelope in which the Trademark Office sends the notice of rejection of the trademark (to determine whether the reexamination is filed within the specified time limit);

6) Other relevant supporting materials and physical evidence;

7) If the applicant needs to supplement the relevant evidence materials after submitting the application for review, it shall declare in the application and submit the same number of evidentiary materials as the application within 3 months from the date of submission of the application; If they fail to make a statement in the application or fail to submit it at the end of the time limit, it shall be deemed to have waived the supplementation of relevant evidentiary materials;

8) Other requirements: The trademarks, goods and services and other contents filled in the original "Application for Trademark Registration" cannot be changed in any way.

4. Review fee: The application fee for trademark rejection review shall be paid for the application for reexamination, and the current fee standard is 1,500 yuan per application.

5. Within 30 days from the date of receipt of the Application for Review of Rejected Trademark Registration Application, if the Trademark Review and Adjudication Board finds that it meets the statutory acceptance conditions, it shall accept it and notify the applicant in writing; If it is found that the statutory requirements are not met, the applicant shall be notified in writing that it will not be accepted, and the reasons shall be explained.

6. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but needs to be supplemented and corrected, it may supplement and correct it within a time limit; If no amendments are made within the time limit, it will not be accepted, and the applicant shall be notified in writing and all application documents shall be returned.

2. How to apply for and adjudicate trademark rejection review?

Applications for rejection of trademark reexamination accepted by the Trademark Review and Adjudication Board will be reviewed and adjudicated in accordance with the relevant provisions of the Trademark Law, the Regulations for the Implementation of the Trademark Law and the Trademark Review and Adjudication Rules. If the Trademark Review and Adjudication Board finds that the reasons for rejection of the Trademark Office are not valid, it shall revoke the rejection ruling of the Trademark Office, approve the preliminary examination and publication of the re-examined trademark, and transfer it back to the Trademark Office for relevant examination and publication matters. If the trademark applicant is not satisfied with the decision of the Trademark Review and Adjudication Board, it may, in accordance with the provisions of paragraph 2 of Article 32 of the Trademark Law, file a lawsuit with the court within 30 days from the date of receipt of the notice of ruling. (Zhuoyi Intellectual Property).

The conditions for a party to apply for reconsideration are:

2. There is a clear respondent.

3. There is a specific request for reconsideration and factual basis.

4. It is within the scope of applying for reconsideration.

5. It is under the jurisdiction of the organ accepting the reconsideration.

6. Other conditions stipulated by laws and regulations.

The reconsideration organ shall, within the date of receipt of the application for reconsideration, handle the application for reconsideration separately: if it meets the requirements, it shall be accepted; if the provisions are not met, the ruling shall not be accepted and the reasons shall be given; If the application for reconsideration is incomplete, it shall be remanded to the applicant for correction within a time limit, and if it is not supplemented and corrected within the time limit, it shall be deemed that the application has not been made. For trademark registration, please find the map below.

1.If the Trademark Review and Adjudication Board finds that the reasons for rejection of the Trademark Office are not valid, it shall revoke the rejection ruling of the Trademark Office, approve the preliminary examination and publication of the re-examined trademark, and transfer it back to the Trademark Office for relevant examination and publication matters.

2.If the Trademark Review and Adjudication Board finds that the reasons for rejection by the Trademark Office are valid, it will make a ruling to reject the reexamined trademark.

3.If the trademark applicant is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the court in accordance with the provisions of the Trademark Law.

1. What does trademark review mean?

Trademark reexamination is a legal procedure for the Trademark Review and Adjudication Board to re-examine a request for reexamination submitted by a party dissatisfied with the decision made by the Trademark Office on matters related to trademarks. A trademark reexamination case refers to a case in which the applicant for trademark registration is dissatisfied with the decision of the Trademark Office to reject the trademark registration application and not to publish it, and applies to the Trademark Review and Adjudication Board for reexamination, and the Trademark Review and Adjudication Board makes a ruling in accordance with the law. A trademark opposition review case refers to a case in which a party is dissatisfied with the trademark opposition ruling of the Trademark Office and applies to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board hears and adjudicates.

2. Can the trademark that has been preemptively registered by others be snatched back?

A trademark that has been preemptively registered by others can be snatched back. If the trademark is still in the registration stage, that is, the preemptive registration has not yet been completed, the owner of the trademark can directly raise an objection within the time limit for the preliminary examination announcement by the Trademark Office, and if it is found to be true after examination, the Trademark Office will reject the registration application of the preemptive registrant. If the preemptive registration has been successful, the party concerned may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Article 34 of the Trademark Law provides that the Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application and the refusal to publish the trademark application. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for review within 15 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 need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce. 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.

Trademark administrative reconsideration refers to the activity in which a citizen, legal person or other organization believes that a trademark enforcement decision of the administrative department for industry and commerce infringes upon its legitimate rights and interests, and submits an application to the administrative department for industry and commerce in accordance with the law, and the receiving authority examines the legality and appropriateness of the trademark enforcement decision in accordance with legal procedures and makes a corresponding decision.

The characteristics of administrative reconsideration in trademark disputes are that the existence and dispute of specific administrative acts of the administrative authority for industry and commerce are premised; Citizens, legal persons and other organizations shall be the applicants, and the administrative organs for industry and commerce shall be the respondents. In accordance with Article 2 of the "Administrative Reconsideration Law of the People's Republic of China", citizens, legal persons or other organizations believe that specific administrative acts infringe upon their legitimate rights and interests and submit an application for administrative reconsideration to an administrative organ, and this law shall apply to the administrative organ accepting the application for administrative reconsideration and making an administrative reconsideration decision. Article 4 of the "Administrative Reconsideration Law of the People's Republic of China" Administrative reconsideration organs shall follow the principles of legality, fairness, openness, timeliness, and convenience for the people in performing their duties of answering administrative reconsiderations, persist in correcting mistakes, and ensure the correct implementation of laws and regulations.

Article 5 of the Administrative Reconsideration Law of the People's Republic of China provides that if a citizen, legal person or other organization is dissatisfied with an administrative reconsideration decision, it may file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law, except where the law stipulates that the administrative reconsideration decision is final.

Legal analysis: 1. Trademark administrative reconsideration refers to the fact that a citizen, legal person or other organization believes that the trademark enforcement decision of the administrative department for industry and commerce infringes upon its legitimate rights and interests, and submits an application to the administrative department for industry and commerce in accordance with the law, and the accepting authority makes a decision on the trademark enforcement in accordance with legal procedures;

2. Trademark administrative reconsideration refers to the activities in which a citizen, legal person or other organization believes that the trademark enforcement decision of the administrative department for industry and commerce infringes upon its legitimate rights and interests, and submits an application to the administrative department for industry and commerce in accordance with the law, and the receiving authority examines the legality and appropriateness of the trademark enforcement decision in accordance with legal procedures and makes a corresponding decision.

Legal basis: Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China

Article 40 Where a party is dissatisfied with a decision made by the administrative authority for industry and commerce in accordance with the provisions of Chapter 6 of the Trademark Law and Chapter 5 of these Implementing Rules, the party concerned may, within 15 days from the date of receipt of the notice of decision, apply to the administrative authority for industry and commerce at the next higher level for reconsideration; The administrative organ for industry and commerce at the Liangchang level shall make a reconsideration decision within two months from the date of receipt of the application for reconsideration. If the party is dissatisfied with the reconsideration decision, the party may file a lawsuit with the people's court within 15 days from the date of receipt of the notice of the reconsideration decision. If the applicant fails to apply for reconsideration within the time limit, does not file a lawsuit and fails to perform, the administrative organ for industry and commerce shall apply to the people's court for compulsory enforcement.

Article 44: Where a party is dissatisfied with a decision made by the administrative organ for industry and commerce in accordance with the provisions of paragraphs 1 and 2 of the preceding article, the party concerned may apply to the administrative organ for industry and commerce at the next higher level for reconsideration within 15 days of receiving the notice of the decision; The administrative organ for industry and commerce at the next higher level shall, within two months from the date of receipt of the application for reconsideration, make a reconsideration decision. If the party is dissatisfied with the reconsideration decision, the party may file a lawsuit with the people's court within 15 days from the date of receipt of the notice of the reconsideration decision. If they do not apply for reconsideration within the time limit, and do not file a lawsuit and do not perform, the administrative organ for industry and commerce shall apply to the people's court for compulsory enforcement.

According to the provisions of the Trademark Law of the People's Republic of China, if the applicant is not satisfied with the decision of the Trademark Office to reject the application, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice.

1. What should I do if the trademark is partially refused?

According to the Trademark Law of the People's Republic of China, if a person is dissatisfied with the rejection of a trademark application, he or she may apply to the Review and Adjudication Board of the Trademark Office for review within 15 days from the date of receipt of the notice. Article 22 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that if the Trademark Office rejects an application for trademark registration on some designated goods, the applicant may divide the preliminarily approved part of the application into another application, and the divided application retains the filing date of the original application. If it is necessary to divide, the applicant shall submit an application for division to the Trademark Office within 15 days from the date of receipt of Wang Nianqing's Notice of Partial Rejection of the Application for Trademark Registration from the Trademark Office.

Therefore, if a trademark is partially refused, you can choose not to divide it and directly apply for reexamination; It is also possible to take the initiative to apply for division, to divide the part that has passed the examination into another new trademark to continue the trademark registration procedure, and at the same time apply for a review of the division of the rejection.

2. How long can a partial refusal of a trademark be announced?

According to the provisions of China's Trademark Law, after the trademark application is registered, if the Trademark Office rejects part of the application, it will notify the applicant and will not publicize it.

Trademark Law of the People's Republic of China

Article 30 If a trademark applied for registration does not conform to the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 31 Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same kind of goods or similar goods, the trademark applied for earlier shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.