Is it necessary that a trademark will be invalid if it is refused?

Hello, 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 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.

There are two kinds of refusals, one is partial refusal, the other is full refusal, and partial refusal is that several of the subclasses in the selected subclass have been rejected, but the certificate can still come down, but the subclasses printed on the certificate have passed. A full rejection means that all the selected subclasses have been rejected. In this case, if the rejection is basically reviewed, there is basically no hope for regular fees.

If you want to be successful in the rejection review, the fee paid is also very high, so if you know that the risk of the trademark is very high in the early stage, and the probability of rejection is already very high, then don't blindly apply with a try-and-see attitude, and waste your efforts.

You can review, but the review is just a decoration, not to mention the fee, it is so expensive, and you may not be able to register it if you pay for it, you spend money and time, and in the end you can't get anything.

Legal Analysis: A rejected trademark can continue to be used. However, trademarks are not registered and are not protected by law.

According to the relevant laws and regulations, if the trademark applied for registration does not comply with the relevant regulations, or is identical or similar to the registered or preliminarily approved trademark on the same or similar goods of another person, the Trademark Office shall reject the application and not publish it. After the rejection of the trademark registration application, the applicant may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice.

Legal basis: Article 30 of the Trademark Law of the People's Republic of China If a trademark applied for registration does not comply with 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 or similar goods, the Trademark Office shall reject the application and shall not publish it.

Yes, according to the provisions of China's Trademark Law, after the trademark registration application is rejected by the Trademark Office, the trademark can be used, but it is not protected by law. If a trademark is refused, a trademark rejection review is required, and the review must be filed within 15 days of receiving the notice of rejection, and if it is postponed due to force majeure, it can be extended for 30 days before the expiration, but whether to allow the delay needs to be decided by the Trademark Review and Adjudication Committee.

In order to avoid trademark rejection, we need to understand the reasons for trademark rejection, what causes trademark rejection, and the most common reason is that it is similar or identical to the trademark applied for earlier, and there is no distinctiveness that is easy to mislead the public; It may also be a means of subjective differentiation inspection by the examiner of the trademark office, and the quality will also lead to the rejection of the trademark; Composite elements are not registered or queried separately and are rejected as soon as there is an approximation of one element.

Trademark Law of the People's Republic of China:

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application or the refusal to publish the trademark. 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 10 days from the date of receipt of the notice.

1. What evidence materials need to be prepared for rejection review?

The lawyer will generally issue a detailed list of evidentiary materials to the client after analyzing the specific circumstances of the case. The specific evidentiary materials are generally the creativity of the rejected trademark**, the honorary certificate obtained by the rejected trademark applicant, and the evidence of the actual use of the rejected trademark.

In order to ensure the quality of trademark examination and protect the interests of trademark registration applicants, the review of the rejection of the trademark registration application by the Trademark Office is an administrative relief procedure set up by Xiangxun Law of China's Trademark Law after the trademark registration application is rejected by the Trademark Office.

Although there are strict procedures and standards for trademark registration examination, the specific examination of each trademark is completed independently by each examiner concerned, and due to the limited space of the trademark registration application itself, it is impossible for the applicant to fully express the actual objective situation of the trademark in the trademark registration application. In addition, if there are obvious differences between different examiners, especially some new examiners or temporary assistant examiners, in terms of professional ability, comprehensive knowledge, understanding angle, work experience, work attitude, etc., the examination work will inevitably be affected by multiple subjective and objective factors.

You can appeal, but if you are rejected a second time, you can't.

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 the applicant is not satisfied with the reasons and legal basis of the rejection by the Trademark Office, and may apply to the Trademark Review and Adjudication Board for a review and consideration of the original case.

Solution. If the trademark is rejected, please don't worry, you can find a professional ** agency to do a rejection review for you.

Review. Qualifications (1) The applicant for rejection of 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.

The function of this paragraph is that the conclusion of the examination of the application for registration by the Trademark Office is related to whether a trademark can be approved for registration, and to a certain extent, it affects whether the trademark right can be established.

However, although the Trademark Office has strict examination procedures and standards, the examination of the registration of each trademark application is completed through the independent work of each examiner, and the examination work will inevitably be affected by subjective factors due to the individual differences in the professional scope, knowledge and work experience of different examiners. Different examiners may come up with diametrically opposed judgments for the same type of case. It is precisely because of the existence of such factors that it is impossible for the examiners of the Trademark Office to ensure that the judgment is fully in accordance with the provisions of the law in the substantive examination, or it is inevitable that there will be defects in the work.

In particular, due to the particularity of the examination of trademark registration applications, it is impossible for the applicant to fully reflect the objective situation of the application in the application, and only after the rejection can the applicant have the opportunity to provide it to the trademark review and adjudication authority. Therefore, the quality of the examination work directly affects the quality of trademark registration and is also directly related to the interests of trademark applicants. In order to ensure the quality of examination and protect the interests of trademark registration applicants, the Trademark Law provides for remedial procedures for refusal review.

If it is rejected on absolute grounds, it is generally not recommended that you waste time and money on reexamination, if it is not rejected on absolute grounds, then you can apply for rejection review.

Can I apply for a trademark after it is invalidated, and whether to apply for a rejection review or a new registration? First of all, it is necessary to see whether the trademark you applied for has been rejected on absolute grounds, and the absolute reason for rejection is that the Trademark Law expressly stipulates that registration is not allowed:

1.Article 10 of the Trademark Law is related to the name of the country, the symbol of the army, the symbol of the international organization, the Red Cross, the Red Crescent, ethnic discrimination, deception, harmful morality and bad influence, and the geographical name of the relevant county-level division.

2.Article 11 of the Trademark Law relates to the generic name, figure, model, sign describing the characteristics of the goods or services, and signs lacking distinctiveness.

3.Article 12 of the Trademark Law restricts the registration of three-dimensional signs.

4.Article 16 of the Trademark Law on the protection of geographical indications, etc.

If the trademark is rejected on relative grounds not on the absolute grounds expressly prohibited by the Trademark Law as mentioned above, generally speaking, it is still feasible to apply for a trademark refusal review.

There are four main reasons for the so-called relative reasons for trademark refusal:

1.Someone else's registration was rejected earlier:

When the examiner of the Trademark Office conducts the examination, he will first compare the existing trademark information in the database of the Trademark Office and find a trademark with the same name and class, and then reject the trademark registered by you according to the "first-to-file principle".

2.Trademark similarity rejected:

If the two trademarks are similar in terms of character shape, pronunciation, meaning, composition and color of graphics, overall structure, three-dimensional shape and color combination, which are likely to cause misidentification or confusion among the public, they will generally be recognized as similar trademarks and will be rejected.

3.The trade name is a generic name, and the descriptive words are rejected:

Names that are commonly used in the industry and words that merely describe the characteristics of a product cannot be registered as trademarks. For example: hotels, trademarks, beer, etc.

4.Trademark refusal for lack of distinctive features:

When the trademark applied for is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider that the trademark lacks distinctive features and is not recognizable, and the trademark will be rejected.

It is a right of the trademark applicant to apply for a trademark refusal review, and the reason why the refusal review has the possibility of success is because the trademark refusal is made by the Trademark Office, but the trademark refusal application is submitted to the TRAB, and the examination standards of the two are slightly different.

If you have any other questions about trademark registration, you are welcome to go to an intellectual property professional consultant at any time.