Trademark refusal review refers to the trademark application has been refused by the trademark office, where the applicant is dissatisfied with the decision of Trademark Office, he or she may file a request of review to the Trademark Review and Adjudication Board within the legal time limit.
If you received an Refusal Notice of your trademark from the State Intellectual Property Office (SIPO), firstly, please consider about the importance and necessity of this mark. If the refused trademark is quite important to you and you are eagerly to have it registered in China, you should do a deep analysis on the Refusal Notice and conclude the arguments with legal basis. The arguments with legal basis will help you to gain the final registration.
Conditions for Trademark Application Review in China
Normally, under the following situations the applicant may file a request for review:
1. The party is dissatisfied with the SIPO’s decision of rejecting the trademark registration application;
2. The applicant is dissatisfied with the SIPO’s decision of rejecting the trademark assignment application;
3. The party is dissatisfied with the SIPO’s decision of trademark opposition;
4. The party is dissatisfied with the SIPO’s decision of rejecting the trademark renewal application;
5. The party is dissatisfied with the SIPO’s decision of cancellation of the registered trademark;
6. The party is dissatisfied with the SIPO’s decision of cancellation of the improperly registered trademark.
What if my trademark is rejected in China?
If you entrusted a China trademark agency/attorney to submit the trademark registration application to SIPO, once the mark is refused, the agency will forward you the official Notice of Refusal. Then, you shall do as follows:
1. Confirm the date of receiving the Notice of Refusal and the deadline of review for (response to) refusal. If there is any Chinese statutory holiday, the deadline will be influenced.
2. Generally, the entrusted agency/attorney will give some advice/suggestion on the refusal case.
3. In China, the response to refusal must be filed within 15 days after receiving the Notice. And you’ll have 3 months to collect and submit the proofs to support the Review.
Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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