What to do if a U.S. trademark registration application is rejected

To reject a trademark in the United States, it is necessary to find out the reasons for the rejection and apply to the Trademark Review and Adjudication Board for a review of the original case and a review of the rejection.

Type of rejection. Refusal is a common examination result in the process of applying for trademark registration, and there are usually several types of refusals, such as refusal that violates prohibitive provisions, refusal of trademark that is not distinctive, and refusal that conflicts with prior trademark rights (referring to earlier applications or prior registrations).

1.The Trademark Office rejects the application for trademark registration;

2.The Trademark Office rejects the application for transfer of the registered trademark;

3.The Trademark Office rejects the application for renewal of a registered trademark;

4.Trademark Office opposition ruling;

5.The Trademark Office revokes the registered trademark;

6.The Trademark Office revokes the improperly registered trademark;

1. When applying for trademark registration in the United States, the trademark is the same as the trademark registered earlier or the trademark applied for earlier, which is the most common reason for the rejection of trademark registration in the United States.

2. When applying for trademark registration in the United States, the trademark describes the goods or services for which registration is sought, which is a valid reason for refusing to register;

3. When applying for trademark registration in the United States, the name used in the trademark is the generic name of the goods or services;

4. When applying for the registration of the trademark in the United States, the trademark is the surname of the individual;

5. When applying for trademark registration in the United States, it cannot be used as a trademark for goods or services because of the lack of distinctive characteristics;

6. When applying for trademark registration in the United States, the description of the trademark has a geographical description or an incorrect geographical description;

7. When applying for trademark registration in the United States, the trademark contains the flag or emblem of the United States or a foreign country, or contains immoral, deceptive, defamatory, confusing, etc.

The most common grounds for refusal to register a U.S. trademark:

1. The trademark is similar to an existing registered trademark or a trademark applied for earlier, which is the most common and most serious reason for refusing trademark registration.

2. The trademark describes the goods or services for which registration is sought.

3. The trademark is the generic name of goods or services.

4. The trademark is a personal surname.

5. Trademarks lacking distinctiveness cannot be used as trademarks for goods or services.

6. The trademark has a geographical description or a geographical description is wrong.

7. Trademarks are prohibited by the Trademark Law.

1. A Chinese trademark can be filed in the United States, but the applicant needs to provide the pronunciation of each Chinese word that constitutes the trademark and the corresponding English translation.

2. If the trademark is composed of simple English letters, and these letters are not stylized, in order to make the scope of protection of the trademark wider, we usually recommend that the applicant declare that the trademark is an ordinary font when submitting the application, that is, do not declare the protection of any color, size, font. The common font referred to here is usually referred to as Times New Romer or Arial.

3. If the trademark is colored, the color of each part needs to be specified. It is important to note that if the trademark is gray, the USPTO will recognize the trademark as a color mark.

4. It must be clearly indicated whether the trademark has a special meaning in the relevant commercial or **, geographical description or other language.

To register a U.S. trademark, from the trademark design, naming--- trademark pre-inquiry--- to submit the U.S. trademark registration application, you need to pay attention to each link:

1.U.S. trademark design should follow principles

First of all, trademark design, there is a little trick, and Chinese trademark registration is different, the United States trademark is based on the letter part of the query, ** only to assist the Trademark Office to judge the trademark letter, so you don't need to design too fancy trademarks, if you invest a lot of money in the design of the pattern is recommended to apply for a graphic trademark.

For U.S. trademarks, the combination of English letters is the most important way to choose a name. It is safer to apply for a registered trademark by splicing letters or designing a pattern of letters.

2.A U.S. trademark search is a necessary step

Before applying for a U.S. trademark registration, it is necessary to search the official website of the U.S. Patent and Trademark Office (USPTO) for similarity or duplication of the applied trademark and the prior trademark, so as to achieve the success rate of trademark registration.

Here, the Eight Commandments should be reminded that the search for a trademark in the United States is a matter that relies on professionalism and experience, and if an enterprise or individual blindly registers a trademark in the United States based on a simple search on its own, it is easy to be rejected and opposed. In the face of strict trademark examination and different legal policies in the United States, if you are overwhelmed by the fact that the official language is English, there is a high risk that your trademark registration will fail.

Bajie has a local branch and professional trademark registration lawyers in the United States, who can inquire and analyze the trademark situation for you free of charge and evaluate the success rate of trademark registration.

3.Evidence of U.S. trademark use is key

When applying to register a U.S. trademark, the applicant must file a statement of use of the trademark with the U.S. Patent and Trademark Office (USPTO). The declaration of use of the trademark must include evidence of the use of the trademark for the goods or services specified in the trademark registration application.

Note: Proof of trademark use is required to be consistent with the class of the U.S. trademark registration. As for the materials that can be used as evidence of trademark use, pay attention to retaining evidence when using them, even if there is a trademark lawsuit in the future. The eight precepts are listed below:

1) Evidence of the use of the trademark of the goods

The applicant can provide product packaging, labels, clothing tags, container identification, etc., which clearly display the trademark.

Note: Invoices, orders, receipts, brochures, catalogs, press releases, business cards, and stationery are not evidence of the use of the trademark on designated goods.

2) Evidence of the use of the service mark

Note: Advertisements or press releases about services designated by the applicant are generally not evidence of use of the service mark.

In addition, if you are unable to provide evidence of U.S. trademark use within a short period of time, the U.S. authorities also allow you to apply for "intent to use".When applying, you only need to submit a statement of intent to use, and only when you are authorized can you submit the evidence of actual use. Then, during the application process, there is sufficient time to prepare evidence of trademark use.

Hello, how to prevent refusal by registering a U.S. trademark, you can do the following:

1. Register the trademark in China first, and then apply for the trademark in the United States after the registration is successful; Sidelines.

2. When registering a U.S. trademark, it should circumvent its provisions that it shall not register the content or elements contained therein;

3. A trademark search should be conducted before trademark registration in the United States to prevent the appearance of identical or similar trademarks.

Note: When registering a trademark in the United States, if there is an earlier registration, the United States Patent Office will not use this as a reason for rejection, but will notify the applicant that the United States trademark search is a fee item, and the applicant needs to bear it, and it is not included in the official fee for Jianpei trademark registration, and these two fees will not be refunded.

How do I respond to a refusal from the USBTO? With the continuous advancement of globalization, more and more people choose to register trademarks abroad for development. If your trademark application in the U.S. is rejected, how do you respond to the U.S. Trademark Office's rejection?

If the trademark application is reviewed by the U.S. Trademark Office, it will be published on the official website to enter the opposition procedure, which lasts for 30 days, and any interested party can file an opposition to the trademark within 30 days. If no objection is filed, the trademark is eventually published in the U.S. Trademark Office Gazette. The U.S. Trademark Office Gazette can be understood as an electronic publication that publishes all of Bucket Oak's trademarks that are pending opposition.

Who can oppose my trademark?

Not just one person can file an opposition to a trademark, and the opponent must have a direct bearing on the final outcome of the trademark application. Generally speaking, a party cannot raise an opposition simply because the trademark is unreasonable or unfair, and the opponent must show that he has a direct interest in the outcome of the trademark application, for example, he has a similar trademark.

If someone files an objection to your trademark, how should you respond? How do I respond to a refusal from the USBTO?

Frequently Asked Questions: Trademark Refusal Review Tips.

Once an opposition to your trademark has been filed during the opposition period through the USBTO's website, you must respond within 30 days, and the response must be itemized on an opposition-by-opposition basis. Once the U.S. Trademark Review and Adjudication Board receives your response, the review and adjudication board sends you a scheduel with a clear list of all the processes for trademark opposition, a bit like a summary civil procedure in China. Both parties must submit a reply within the specified time, and once one party fails to submit or submits insufficiently, the Trademark Review and Adjudication Board will directly determine that the opposition is valid, and the trademark of the applicant will also be revoked.

This process usually lasts a few months, so don't be too anxious and just reply slowly according to the schedule of the Trademark Review and Adjudication Board.

The above is the introduction of intellectual property rights to everyone, "How to respond to a refusal from the U.S. Trademark Office?" If you feel that you have a hard time coping with it, choose intellectual property as your ** company to help you solve this problem!

In the United States, trademark registration is based on the first-to-use principle, which means that the person or company that first uses the trademark in a commercial activity has priority to use the trademark. If you don't use a trademark in the U.S. and want to register it, there are a few steps you can take:

1.Conduct a trademark search: Before filing a trademark application with the USPTO, you should conduct a trademark search to ensure that no other company or individual has registered a trademark that resembles a chain. You can conduct a trademark search using the U.S. Patent and Trademark Office's ** database.

2.Find ways to prove that the mark has been used: If you have not used the mark, you may consider showing marketing materials, advertising materials, product samples, or customer feedback related to the mark to prove that the mark has been used in business activities before filing a trademark application.

3.Disclosure of trademark intent: If you have not yet used the trademark, but intend to use it in the near future, you can prove that you have a plan to use the trademark by publicizing your intent to use the trademark on **, social ** or other public platforms.

Please note that while you may be able to obtain a trademark registration, you may lose your trademark rights if you do not use the trademark or do not use it in the future. So, before attempting to register a trademark, make sure you follow the relevant legal requirements and use the trademark in the future.

Generally speaking, when the applicant receives the rejection notice, he or she should read it carefully to find out the reasons for the rejection, and if he is not satisfied with the reasons for the rejection, he can apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review.

The applicant may request a review from the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice of refusal, ruling or revocation. If there are special reasons, you can apply for an extension before the expiration of the period, and the extension period is 30 days, but you need to submit evidence of the extension, such as a certificate from the post office or neighborhood committee.

If the applicant requests a review, he or she shall fill in the Application for Rejection, stating the reasons for the application. It will then be submitted to the Trademark Review and Adjudication Board together with the application for rejection by the Trademark Office and the Notice of Trademark Refusal, and relevant materials proving the reasons for retrial may be attached if necessary.

At the same time, a review fee should be paid. It is a right of the parties concerned to request a review of the decision of the Trademark Office to reject the application for registration. Due to the quality of the examiners and the means of examination required for the examination, some of the rejection decisions of the Trademark Office may be inappropriate, and because of this, about 20% of the applications for rejection review are preliminarily approved by the Trademark Review and Adjudication Board.

Under normal circumstances, if the applicant receives an application for refusal from the Trademark Office, the reasons for the refusal should be clarified, and the applicant can request a review with the Trademark Office within 15 days, and if there are special circumstances, the applicant can submit the supporting materials for the extension of the trial to the Trademark Office and request an extension of the examination for a period of 30 days.

1. How long does it take to review a trademark refusal?

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. Time limit for application: The applicant for trademark registration shall apply for review 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.