What should I do if I receive a notice of partial refusal of my trademark when I register my tradema

The situation you mentioned becomes a partial rejection of the trademark, which also means that you have successfully registered a part of the trademark, and if you do not want to review, you can get a successful partial trademark license.

The Trademark Law provides:

If the review is waived within 15 days after receiving the notice, the approved part will be automatically preliminarily examined and announced (the announcement period is 3 months), and the trademark registration certificate can be obtained after the end; If you apply for reexamination within 15 days of receiving the notice, and submit the application for trademark division together with the application for reexamination for the rejected part, the original trademark will generate a new application number, preliminarily examine and publish it (you can get the trademark registration certificate after the announcement period of 3 months), and the designated goods or services trademark review and adjudication board will conduct the review, and you can also get a trademark registration certificate after the announcement period after the review is successful.

Trademark rejection refers to the rejection or partial rejection of the trademark if the Trademark Office believes that the applied trademark does not conform to or does not comply with the requirements of some of the designated goods. What should I do if my trademark application is unsuccessful and I receive the Notice of Trademark Refusal? The applicant can submit an application for review to the Trademark Review and Adjudication Board within 15 days after receiving the Notice of Trademark Refusal.

So what are the procedures for applying for a review? The following is a detailed introduction to the trademark rejection review process from Bajie Intellectual Property Trademark Transfer Network.

First, the way. 1.Applicants should handle it on their own;

2.The applicant entrusts the trademark leather agency filed with the Trademark Office to handle it;

Because the process of trademark rejection review will involve the analysis of the reasons for trademark rejection, the collection of evidence, and the writing of the application and other highly professional content of the trademark, and the applicant is not very familiar with the trademark laws and regulations and related handling procedures, most applicants will choose to entrust the trademark ** agency to handle it.

2. Analyze the success rate of the review.

There are two main reasons for the Trademark Office to make a decision of refusal: the absolute reason for violating the prohibition of trademarks and the relative reason for similarity with the prior right trademark. According to the relevant materials of trademark rejection provided by the applicant, check the reasons for rejection and analyze whether the probability of success of trademark rejection review is high.

If the success rate of trademark refusal review is low, it is recommended not to re-examine.

3. Collect relevant evidence and write an application.

According to the Trademark Review and Adjudication Rules, the evidence that an applicant for rejection review may provide includes: documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, appraisal opinions, statements of the parties, etc. The specific materials for refusal review are as follows:

1.Application for Rejection of Review (first page);

2.Catalogue of review materials;

3.Application for Rejection of Review (Text);

4.Power of attorney for trademark ** (if entrusted to a trademark ** agency, a power of attorney that needs to be signed and sealed);

5.The applicant's main qualification certificate is sailing;

6.Catalogue of evidence and evidentiary materials.

For detailed preparation materials, please refer to the list of materials for trademark refusal review.

4. Submit an application for review.

The applicant for trademark rejection review or the trademark ** owner shall submit it to the Trademark Review and Adjudication Board and pay a trademark review fee of 750 yuan.

5. Track the progress of the trial.

The review of trademark refusal generally takes 1-2 years, during which it is necessary to track the progress of the Trademark Office. If the reexamination of the rejection of the trademark is successful, it can be transferred to the Trademark Office and announced. If the reexamination of the rejection of the trademark fails, it may be waived or may choose to file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

It is worth noting that after the trademark refusal review procedure is initiated, it will take 1-2 years to be processed, which is a long time period. And you need to pay an official fee of 750 yuan, if the probability of success of the review is low, it is recommended to give up the review; If the probability of success of the reexamination is high and you are unwilling to give up the trademark, then you can choose to re-examine.

If you have trademark needs, you can contact us! Bajie Intellectual Property Trademark ****** is the first trademark transfer platform on CCTV, with 17 years of experience in trademark transfer, with the most serious and responsible attitude to serve you wholeheartedly.

The Trademark Refusal Review Application Guide is intended to help those who have received a notice of refusal. What should we do after receiving a notice of refusal?

According to the relevant provisions of the Trademark Law, if the applicant is not satisfied with the reasons and legal basis of the Trademark Office after the rejection of the trademark, the trademark applicant may, within 15 days from the date of receipt of the notice of rejection, file an application for review of the trademark refusal with the Trademark Review and Adjudication Board, that is, the review of the trademark refusal. Fifteen days here refers to: the date of issuance + 15 days of travel time + 15 days of review request time = 30 days or the postmark of the envelope + 15 days.

1. The necessity of applying for trademark refusal review.

When you receive a trademark rejection notice, it is best to send it to a professional trademark consultant for your analysis, if the trademark is obviously flawed, then the trademark consultant will generally recommend that you re-register the trademark, otherwise, it will recommend that you do a trademark rejection review. Even if the appeal is unsuccessful, the applicant still has the right to continue to use the TM logo during the review period (usually one and a half to two years). However, if the application for reexamination is abandoned, the trademark application will be invalidated.

Even if you reapply, you will face a time cost. According to the statistics of the Trademark Office, the success rate of rejection review is as high as 60%, and the more well-known trademarks such as "grass coral", "two-sided needle", "Xie Baina", "little sheep" and so on have all gone through the review and finally obtained the trademark registration certificate.

Whether the trademark refusal review can be successful requires a careful analysis of the Notice of Trademark Refusal, which lists the detailed reasons for refusal. If the reason for the refusal is the same as that of the prior mark, it will generally not be successful. If it is due to the violation of mandatory regulations, the success rate is not high.

However, if it is similar to a prior trademark later than the first one, then this is a matter of subjectivity. There are many trademark examiners, and the rules of examination are also flexible, so different examiners may have different results in determining whether the trademarks are similar to each other. To sum up, whether the trademark refusal review is successful depends on the specific circumstances.

2. What materials need to be prepared for trademark refusal review?

The guidelines for applying for trademark refusal review propose that the following materials should be prepared:

1. Application for reexamination of the application for rejection of trademark registration (home page), and the power of attorney shall be submitted if the entrustment is entrusted; 2. Application for reexamination of the application for rejection of trademark registration (text style); 3. Notice of rejection of the Trademark Office and its attachments (original);

What can IP do for you if your trademark is rejected?

When your business repentance is rejected, then the trademark has not been sentenced to death, choose the rejection review, and let your trademark come back to life!

Precautions for Trademark Refusal ReviewTrademark Refusal Review.

If the trademark is rejected by the Trademark Office after substantive examination, the applicant needs to submit an application for rejection review to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the rejection notice, otherwise the trademark will be invalid.

Legal basis: Article 32 of the Trademark Law of the People's Republic of China An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

Legal Analysis: Trademark rejection means that the trademark applied for registration is not registered in violation of the Trademark Law after examination by the Trademark Office, and if the trademark is rejected by the Trademark Office after substantive examination, the applicant needs to submit the application for rejection to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice of rejection, otherwise the trademark will be invalid.

Legal basis: Article 32 of the Trademark Law of the People's Republic of China An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

Since the rejection notice did not indicate the contact person Lu Zao**, he has now retired to Beijing.

Want to know how to pick it up on the spot. What proof is required for the collection address and collection office?

Please call the return office (010-63218500-4-1) to confirm whether the letter is returned to the lobby and contact for collection. To receive the return letter, please go to the trademark registration hall at No. 1 Chama South Street, Xicheng District, Beijing, and bring the following materials to collect: (1) A copy of the copy of the business license stamped with the official seal of the enterprise.

**The organization needs to issue a copy of the copy of the business license stamped with the official seal of the trademark ** organization to receive the return letter. (2) An effective letter of introduction from the unit. **The organization needs a valid letter of introduction issued by the trademark ** organization to receive the return letter.

3) The original and copy of the recipient's ID card. (4) If you entrust another person to collect it on your behalf, you need to submit a power of attorney at the same time, and the power of attorney should indicate the entrustment matters. (5) If the name of the enterprise is changed, the original and photocopy of the name change certificate issued by the registration authority shall be submitted.

If the name of the trademark ** organization is changed, the original and photocopy of the name change certificate issued by the registration authority must be submitted. If the applicant goes directly to the trademark reception hall and pays the fee on the spot, the applicant can go to the Trademark Office for a refund with the original Notice of Inadmissibility of the Application for Trademark Registration, the original payment voucher and the identity document.

Bajie Trademark Network provides trademark transfer services to save time for trademark registration by purchasing trademarks.

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Summary. I. Notice of Trademark Rejection The Trademark Office, after substantive examination, shall reject or reject the application for registration of the use of the trademark on some designated goods if it does not comply with the provisions of the Trademark Law or the application for the use of the trademark on some designated goods does not comply with the provisions of the Trademark Law. If the Trademark Office rejects the application, it shall issue a Notice of Trademark Rejection to the applicant, explain the reasons for the rejection and the time limit for requesting review, and return the application for trademark registration and the relevant attachments to the applicant or his/her person.

If the foreign applicant's application is rejected, a Notice of Trademark Rejection shall be issued to the foreign applicant.

1. Notice of Trademark Rejection After substantive examination, the Trademark Tremble Bureau shall reject or reject the registration application for the use of the trademark on some designated goods if it does not comply with the provisions of the Trademark Law or the use of the trademark on some designated goods does not comply with the provisions of the Trademark Law. If the Trademark Office rejects the application, it shall issue a Notice of Trademark Rejection to the applicant, explain the reasons for the rejection and the time limit for requesting resumption of the fraudulent examination, and return the application for trademark registration and the relevant attachments to the applicant or his/her person. If the foreign applicant's application is rejected, a Notice of Trademark Rejection shall be issued to the foreign applicant.

The remaining sub-categories that have not been rejected can still be issued certificates?

A notice of partial refusal of a trademark refers to a notice that an application for trademark registration has been partially rejected by the Trademark Office. This means that the trademark registration application may have problems in certain sub-classes and will need to be subject to more review and adjustments. The unrejected sub-class can continue to apply for trademark registration, but it should be noted that other problems may arise during the trademark registration process, such as similar trademarks being registered first, which need to be dealt with in a timely manner.

If the rejected classes are not divided, will it affect the application?

Yes. If a rejected class is refiled without being divided, it may attract the attention of the examiner and may result in the rejection of the application. Therefore, it is advisable to carefully review the rejection before resubmitting the application, and make corresponding amendments and divisions according to the opinions, so as to increase the bending power of the application through the burial fluid.