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What to do if your trademark review application is rejected

What should I do if my trademark review application is rejected? The trademark registration application was rejected after being submitted.,what to do?Most people choose to appeal to save themselves,Others give up directly,For those who just give up,Maybe this trademark is not very important to him,So I just gave up.。

But what should I do if a very important trademark is rejected??Look at the following information compiled by Hong Kong Xintong, which is engaged in intellectual property agency, about the reasons for trademark rejection review and what to do after trademark rejection.。

The reasons why an application for trademark registration is rejected are usually the following two points::

  1. Absolutely reject:Applying for a trademark in violation of the provisions of the Trademark Law,Cannot apply for registration(It is not recommended to apply for rejection of such trademarks);
  2. approximate rejection:The applied trademark is similar to other applied trademarks,Not allowed to register。(After such trademarks are rejected,Trademark review can be done based on actual circumstances)。

What to do if your application for trademark registration is rejected?Don't panic,The following steps should be carried out:

  1. File a three-year withdrawal + reexamination. This method is suitable for cases where the cited trademark application has been registered for three years.。

If the cited trademark has been registered for three years,You can apply to cancel categories that the other party has not used in the past three years.,Apply for trademark review after removal,Get the trademark you want to register!

  1. Reexamination + postponement of trial: Some cited trademarks have expired and have not been renewed for less than one year,No one else may apply for this trademark,Even if you apply, you won’t be able to get approved.。at this time,Undergoing trademark legal review,Objected、Rights such as the withdrawal of the third review are unstable。

Trademark review + postponement of trial(9month + 3 months)Exactly one year,Can cite invalid trademarks,Obtain the right to use the trademark。

  1. Review + re-application if the trademark applied for is a combination of images and text,You can use this method。If a trademark is rejected because of similar patterns,Applicants can optionally separate patterns and text,Apply again。at the same time,The similar parts will be reviewed in other ways.,Obtain the right to use the corresponding category。
  2. Division + review in all categories of trademark applications,When some categories can be registered,You can register these categories first,Get access。Then choose the appropriate method to conduct legal review of the rejected category。
  3. Partial review if the applied trademark is similar to multiple trademarks,For example, the pattern is similar to trademark A,The text is similar to B trademark,So,We can choose to abandon some categories of products or services that are the same as trademark A,Do another review,The probability of passing will be much higher。
  4. Legal Review If the applied trademark is the same as the company's trade name,at the same time,The time when the enterprise is registered precedes the time when the cited trademark is registered,According to the first-to-file principle,Relevant evidence can be provided,Conduct legal review。

also,If you have other objections to trademark application,You can also go through legal procedures for review.! Some applicants believe,If a trademark is rejected, the applicant is destined to be unable to obtain the trademark.,But the actual situation is:Analysis of cases on review from past dismissals,About 35% of trademarks are obtained after review,In other words, there are certain difficulties in trademark review.,But it's not impossible!


About Hong Kong Xintong

Hong Kong Xintong focuses onGuangdong and Hong Kong license platesShenzhen Hazardous Chemicals Business LicenseShenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services,Assist customers to applyShenzhen travel agency business licenseShenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant

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