What are the conditions for trademark reexamination and what are the conditions for trademark reexam

Hello, Trademark Refusal Review Conditions:

1) The applicant for rejection of the trademark reexamination must be the original applicant of the trademark rejected by the Trademark Office, and others are not eligible to apply.

2) The rejection of the application for trademark reexamination must be filed within the statutory time limit.

3) The content of the application for rejection of the trademark reexamination must be the exact content of the rejected application for trademark registration, and the reasons for the reexamination must be based on the reasons for the rejection by the Trademark Office. Otherwise, the application for review is deemed invalid.

4) To apply for trademark rejection reexamination, the original Notice of Trademark Rejection and the two copies of the Application for Trademark Rejection of Trademark Reexamination must be sent to the Trademark Review and Adjudication Board.

5) Pay the trademark review fee. If the above requirements are met, the Trademark Review and Adjudication Board shall accept the application. If the formalities are incomplete, the application documents shall be returned for re-issuance within a time limit.

After analysis and research, collective discussion, and the majority opinion of the members, the Trademark Review and Adjudication Board will make the final decision. If the majority of the members believe that the reasons for the application for reexamination are valid, the final decision will be made to reject the rejection opinion of the Trademark Office, approve the preliminary examination, and publish the Announcement of Preliminary Examination of the Trademark; If the reasons for the application for reexamination cannot be sustained, the final decision shall be made to uphold the rejection opinion of the Trademark Office, and the preliminary examination shall not be rejected. Once the final decision of the Trademark Review and Adjudication Board is made, it will have legal effect and must be implemented by both the applicant and the Trademark Office.

Any trademark can be reviewed, and the key depends on what problems you encounter that are opposed or rejected.

The application for trademark reexamination shall be conducted in accordance with the provisions 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 review within 15 days from the date of receipt of the Trademark Office's Notice of Trademark Verification and Rejection 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 trademark submitted in the original "Trademark Registration Application", goods, services and other contents filled in 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 the Application for Rejection of Trademark Registration, the Trademark Review and Adjudication Committee shall accept the application and notify the applicant in writing if it finds that it meets the statutory acceptance conditions; If it is found that the statutory conditions are not met, the applicant shall be notified in writing that it will not be accepted, and the applicant shall explain the reasons.

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.

The Trademark Office notifies in writing that the application is rejected and not published;

The applicant for trademark registration is not satisfied;

Apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice;

Other conditions. Legal basis: Article 34 of the Trademark Law of the People's Republic of China provides that the Trademark Office shall notify the applicant in writing of the trademark registration office if the application for rejection is rejected and Lao Chan Fiber is not announced. 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.

1. What are the conditions for trademark reexamination (1) The applicant for trademark reexamination must be the original applicant of the trademark rejected by the Trademark Office, and others are not qualified to apply. (2) The application for rejection of the trademark review must be filed within the statutory time limit.

If the applicant for trademark registration is dissatisfied with the rejection of the application or the non-publication of the trademark, he or she may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within a month from the date of receipt of the application and notify the applicant in writing.

Hello, (1) The applicant for trademark reexamination must be the original applicant of the trademark rejected by the Trademark Office, and others are not eligible to apply.

2) The rejection of the application for reexamination of the surplus trademark must be filed within the statutory time limit.

3) The content of the application for rejection of trademark reexamination must be the exact content of the rejected application for registration of the trademark for repetition, and the reason for the reexamination must be based on the reasons for rejection by the Trademark Office. Otherwise, the application for review shall be deemed invalid.

The types of trademark judgment review include: the parties are dissatisfied with the Trademark Office's rejection of the application for renewal of a registered trademark, the Trademark Office's rejection of the trademark registration application, the Trademark Office's rejection of the trademark transfer application, and the Trademark Office's opposition ruling.

[Legal basis].Article 41 of the Patent Law.

If the patent applicant is not satisfied with the decision of the patent administration department to reject the application, he may apply to the patent administration department for reexamination within three months from the date of receipt of the notice. After the review by the patent administration department, it makes a decision and notifies the patent applicant.

If the patent applicant is not satisfied with the reexamination decision of the patent administration department, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.

1. Trademark reexamination application procedures.

1. Reexamination fee: 750 yuan official fee is required for reexamination of trademarks;

2. Application materials: The co-applicant of a trademark review case and the parties to the co-trademark shall determine a representative in accordance with the provisions of Paragraph 1 of Article 16 of the Implementing Regulations to handle the trademark review and adjudication matters. It is necessary to provide a copy of the business license with the official seal of the unit, or a copy of the business license and personal ID card of the self-employed with the official seal.

3. Time: The time required to apply for trademark review is about 6 months notice;

5. The trademark of the applicant needs to meet certain requirements for the review of the application, otherwise it will be rejected.

6. Application conditions: To apply for trademark review, an application shall be submitted to the Trademark Review and Adjudication Committee; If there is an respondent, a copy of the corresponding number of copies shall be submitted according to the number of corrections of the respondent; If an application has been filed with the Trademark Office but the announcement has not yet been approved, the person concerned shall provide the corresponding supporting documents; If the application for review is based on the decision of the Trademark Office, the decision of the Trademark Office shall also be attached at the same time.

7. Application department: In China, the department to which the trademark registration application belongs is the Review and Adjudication Committee of the Trademark Office of the State Intellectual Property Office.

2. Frequently asked questions and precautions for trademark registration application.

In accordance with the provisions of the Trademark Law and its implementing regulations, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) is responsible for handling the following trademark review cases: cases of dissatisfaction with the decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject the trademark registration application and apply for review in accordance with Article 34 of the Trademark Law; Cases in which the applicant is dissatisfied with the decision of the Trademark Office not to register and applies for review in accordance with the provisions of Article 35, Paragraph 3 of the Trademark Law; Cases in which a registered trademark is requested to be invalidated in accordance with the provisions of Article 44, Paragraph 1 and Article 45, Paragraph 1 of the Trademark Law; Cases of dissatisfaction with the decision of the Trademark Office to declare a registered trademark invalid and apply for reexamination in accordance with the provisions of Article 44, Paragraph 2 of the Trademark Law; Cases in which the Trademark Office is dissatisfied with the decision of the Trademark Office to revoke or not to revoke a registered trademark and applies for reexamination in accordance with Article 54 of the Trademark Law.

Materials required for trademark reexamination:

1.A copy of the copy of the business license of the enterprise legal person (back with the official seal);

2.The concept and use of the trademark (mainly highlighting the popularity);

3.Company Profile: Zao Chun;

4.The honors won by the enterprise;

5.Sales, advertising expenses and related financial information of the enterprise in the last three years;

6.The original and photocopy of the company's **report or **advertisement;

7.The original and copy of the appearance of the products sold by the enterprise;

8.Other evidence and materials that can prove the company's products and popularity;

9.Proof of the earliest use of this trademark;

10.The applicant needs to classify and number the evidentiary materials of the applicant one by one and make a catalogue list, briefly explain the source of the evidentiary materials, and the specific facts proved, and affix the official seal.

The first page of the application; catalogue materials; Justification; Power of attorney (original, foreign can be supplemented, domestic one-time submission); Proof of applicant's main qualification (passport and translation are required for foreign individuals, no need to submit for foreign companies, and materials for domestic companies according to the type); Notice of rejection (original clear copy) to receive the envelope of the family's handwriting; bibliography of evidence; Evidentiary materials.