[CN] Rejection of a trademark is not the end result!
July 16, 2018
The review of the trademark refusal is that after the trademark registrant submit an application for registering the trademark to the Trademark Office, and the Trademark Office refuse the application based on that the trademark does not meet the requirements of the Trademark Law, the registrant disagree with the reasons for the refusal and the legal basis for the review and hence apply to the committee for reviewing the original case.
In fact, many companies and individuals feel overwhelmed when they receive the “Notification of Trademark Refusal”. Generally, there are two choices. They either directly evaluate the commercial value of the trademark and give up if it is not high, or collect information and evidence to continue the application.
Trademark refusal review general process
1. Received the “Notification of Trademark Refusal”;
2. Preliminary information, evidence preparation, covering the original “Notification of Trademark Refusal”, application for refusal of review, the reason for the refusal to reply, copy of registrant identity document, other evidential materials (including catalogues), or processing by entrusted agency, another power of attorney is required;
3. Submit the application to the Trademark Review and Adjudication Board within 15 days of the statutory deadline;
4. Notification of acceptance will be issued in about two months, and the Trademark Review Committee will publish the results in a year or so.
5. If the review is successful, it will be submitted to the Trademark Office for an announcement. If the review fails, you can choose to continue the litigation or abandon the trademark.
Trademark refusal review success rate
For the review of the trademark refusal, many laymen will mistakenly believe that the trademark refusal review is to be dealt by the Trademark Office but take one more process, the success rate may be very low. In fact, the review of the trademark refusal is handled by the Trademark Review and Adjudication Board, and the review will be upgraded to another level, which is very different from the examination by the Trademark Office.
How to improve the refusal rate of trademark renewal
1. Provide evidence of the use of trademarks. After long-term use and promotion of the trademark, the trademark has the distinctiveness that the trademark should have. It will not cause confusion to consumers and it can identify the source of the product.
2. For trademarks with the same or similar problems, companies can clearly distinguish between trademark constituents, drawing methods, overall appearance, prominent parts, and meanings. Through detailed explanations and explanations, they can support the evidence that the trademark has distinctiveness, and thus enhance persuasiveness;
3. Trademark refusal review is a technical event, which requires professional knowledge and experience to support the overall situation, and the collection of trademark use evidence, trademark inaccuracy, and other materials require tremendous energy. Companies that are not too experienced are still recommended to entrust an authoritative agency to handle the issue.
In summary, in the review of the trademark refusal, with the fact that the company found the direction and with the increase in the degree of review, the probability of resuming the post-trial trademark certification through the trademark refusal was actually very high. If the rejected trademark is favoured by the company, the editor still suggest that companies apply for a timely review of the trademark refusal to avoid repeated trademark loss!