Trademark refusal review means that the trademark application (including application for trademark registration, opposition, assignment, renewal, cancellation and etc.) 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.
Conditions for trademark application review
Normally, under the following situations the applicant may file a request for review:
1) The party is dissatisfied with the Trademark Office’s decision of rejecting the trademark registration application;
2) The applicant is dissatisfied with the Trademark Office’s decision of rejecting the trademark assignment application;
3) The party is dissatisfied with the Trademark Office’s decision of trademark opposition;
4) The party is dissatisfied with the Trademark Office’s decision of rejecting the trademark renewal application;
5) The party is dissatisfied with the Trademark Office’s decision of cancellation of the registered trademark;
6) The party is dissatisfied with the Trademark Office’s decision of cancellation of the improperly registered trademark.
Required materials for filing an application review
1. An original executed Power of Attorney (form attached);
2. The applicant’s name and address both in English and Chinese;
3. Copy of the passport or other identification certificate, for individual applicant; Copy of Certificate of Incorporation for Enterprise;
4. The original official notification of refusal or cancellation;
5. The original envelope of the official communication letter;
6. Evidences to support the trademark review, including:
1) Using information about the trademark in China market (such as the proof materials of first use of the trademark, the scope of using the trademark, the last time of using the trademark);
2) All kinds of advertising that has been used, e.g. TV, radio, titles of newspapers or magazines, etc;
3) Amounts spent on promoting the goods in the past three to five years;
4) The outputs, sales volumes, sales incomes, profits and taxes and sales regions of the principal goods to which the mark applies;
5) The certificate of registration in other countries;
6) Other evidences can certify that the mark has a certain reputation in worldwide, especially in China;
7) Design idea or history of the applicant’s trademark.
Time for filing an application review
The applicant can file an application for review within 15 days from the date of receiving the official notification of refusal, notification of decision of cancellation and etc. Normally, the 15 days time limit cannot be extended, but if you have special cause and can provide sufficient evidence, you may file an application for extension of the time.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at 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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