Recently, a trademark applicant whose trademark was rejected for similar reasons is now facing an important decision: whether to conduct a trademark refusal review. This situation is not unique, as many applicants have gone through the stage of trademark refusal, and whether or not to choose to go through a review has become a question that needs to be carefully considered. This article will analyze the decision of whether to conduct a trademark refusal review for the applicant from multiple perspectives.
The probability of a successful reexamination varies from case to case, and it is necessary to consult a professional trademark service agency for specific advice. Generally speaking, it is more difficult to successfully appeal for refusals caused by "absolute grounds", while similar refusals of different categories have a certain probability of successful reexamination. Information on the probability of success in the appeal of different types of refusals can be found in the previous section of the "Trademark Circle Subscription".
If the trademark has been put into publicity and use, then the importance of the trademark right cannot be ignored for the applicant. The trademarks that have been put into use have established a certain degree of popularity in the market, which is extremely beneficial to the success of the review.
In addition, if the rejected trademark is already in use and has a well-known reputation, it will prove that it has been in use and publicity for a long time, which will also provide strong support for the success of the reexamination.
The cost of a rejection review is generally between 1,500 and 5,000 yuan, which includes official fees. In contrast, the cost of re-registering a trademark is much lower.
The applicant needs to comprehensively consider the importance of the trademark to itself when considering whether to conduct a refusal review. If the rejected trademark is a new trademark that has not been used, and the success rate of the reexamination is low, it is generally recommended that the applicant can choose to waive the reexamination and re-register it more cost-effectively. However, for trademarks that have already been put into use, regardless of their popularity, the loss of trademark rights will bring great losses, and it is worth trying to refusal review.
Finally, the applicant is reminded that the application for rejection review must be submitted to the State Intellectual Property Office within 15 days from the date of receipt of the notification of refusal. When making decisions, it is advisable to weigh various factors and make an informed choice according to the specific situation of the trademark.
Trademark refusal review