Notices For Trademark Dismissing Review Time

According to People's Republic of China

"And" detailed rules for implementation "are as follows:

First,

If the application for reexamination is sent by mail, the time limit for the 15 day retrial shall be regarded as the date when the local post office receives the letter and the date of the letter's postmark, and the date of the party's receipt and issuance. If the postmark is not clear or no postmark, the date of annotation of the document issued by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be deemed to be the date of receipt by the parties for 20 days, or the date of the application for trademark review by the Trademark Review Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review Board) shall be traced to the 20 day as the date of the party's issuance.

When a party or a trademark agency submits a trademark reexamination, it shall provide an envelope mailed by the trademark office so as to calculate the date when the party receives the notice of disqualification by the trademark office.

Two. Madrid's application for the review of international trademark registration marks the time limit for reexamination starting from the date marked by the notice issued by the International Bureau.

Where the date of issuance of the international bureau is not available, the date marked on the trademark notice issued by the Trademark Office to the International Bureau shall be counted.

Three, the parties concerned shall apply for trademark reexamination matters within the time limit prescribed by law.

Due to irresistible causes or other justifiable reasons, the application can be extended for 30 days before the expiry date.

However, the cost of the extension should be delivered by the applicant.

The application for delay should be received by the trademark office.

Within 15 days from the date of filing, the extension date is sixteenth days.

Four, due to the time limit examination of the extension application can only be carried out when the application is received, therefore, the Trademark Review and Adjudication Board will not conduct a time limit review when receiving the extension application, and will conduct a time limit review when receiving the formal review.

If the time limit exceeds the statutory time limit, the Trademark Review and Adjudication Board shall not accept it and notify the party or agent in writing.

1. power of attorney;

2. photocopy of business license;

3. rejected trademark registration application, refute / objection ruling (envelope with trademark office), evidence material

The rejection is a common examination result in the process of trademark registration application. Usually there are several types of rejecting the prohibition rule, the non significant rejection of trademark, and the rejection of conflict with the prior trademark right (i.e. the first application or prior registration). According to the thirty-second provision of the trademark law, the application can be dismissed by the Trademark Review and Adjudication Board.

The first two kinds of refutation only involve the Trademark Office and the rejected trademark applicant, but there are third kinds, that is, because of the rejection of the conflict with the prior trademark rights, the situation is rather complicated.

Such rejecting review involves the Trademark Office, the trademark applicant and the three party of the prior trademark owner. If there is no dispute over the right of the original trademark, which is rejected by the trademark applicant, the reason for dismissing the review is only because the commodity is not the same, and the trademark is not close.

However, if a trademark applicant is denied the prior trademark right of the trademark applicant, it is considered that the application of the trademark application is a malicious preemptive act contrary to the relevant provisions of the trademark law, or a violation of the enterprise name right, patent right, copyright and so on, which is the first applicant's right to reject the trademark, that is, the original trademark right itself is illegally obtained and should not be an obstacle to the application for registration of the trademark.

Because this dismissal review is no longer limited to the review of the Trademark Office's ruling, it is involved in the interests of the third party, and has the characteristics of trademark legal affairs, such as objection and withdrawal, and the situation becomes more complicated.

Fill in instructions

1, the application (home page) is applicable to the application for reexamination of trademark registration applications filed under the first paragraph of article thirty-second of the trademark law.

2, specific review requests, reasons, facts and relevant evidence shall be submitted in accordance with the trademark review rules and the application for reexamination of the application for disqualification of trademark registration (text style), together with the application form (home page).

The application for re examination of certain commodities or services shall be specified in the attached materials.

3, if an application for a trademark is registered internationally, the "G" should be added before the registration number.

4. If the applicant is a foreigner or a foreign enterprise, he must fill in the correct name and effective contact address.

If the applicant is a natural person, he should fill in his identity card number after his name.

5. If a party with a trademark has filed an application for reexamination of the application for trademark registration, he shall designate one person as a representative. If he does not specify a representative, the first person in the order specified in the application for trademark registration shall be the representative, and the name and address of the representative and the contact person and telephone number should be filled out in the column of the applicant (the front page) and its associated persons, and the other parties shall make it clear in the attached material.

When a representative is changed, he must have written authorization from the party represented.

6. If a foreigner or a foreign enterprise in China has authorized the representative of China to dismiss the application for reexamination of the trademark registration, the representative shall be regarded as the contact person of the applicant and fill in the corresponding contents in the contact person, address and telephone directory of the applicant.

7, whether the applicant needs to submit supplementary evidence materials, please draw a "box" in the corresponding box.

8. A trademark agency column is not required if a trademark agency is not commissioned.