Trademark rejection is a common situation in the process of applying for a registered trademark, and the main reasons may include a similar trademark to the trademark applied for by others, violation of legal provisions, infringement of the prior rights of others, etc. Once a trademark application is rejected, the following steps can be taken to resolve the issue:
1.Reexamination: If there is any objection to the reasons and legal basis of the Trademark Office, you can file an application for reexamination with the Trademark Review and Adjudication Board and submit the original notice of rejection. The final decision will be made by the majority of the members after analysis and study. However, it should be noted that the filing of the appeal must be carried out within the statutory time limit and the content must be the exact content of the rejected trademark registration application.
2.Modification of trademark elements: If the rejection of the trademark registration is due to problems with the trademark elements, such as graphics, text, etc., the enterprise may consider modifying the trademark elements and re-registering them.
3.Combination of trademarks: If the rejection of the trademark is due to the fact that there is only the generic name of the goods, the company can try to combine the trademark and combine the generic name with other distinctive features to re-register.
4.Registering copyright: If a trademark is rejected due to lack of distinctiveness, the company can try to register the copyright, increase the distinctiveness of the trademark, and re-register.
5.Appeal: If the review fails, you can also file a lawsuit with the Beijing Intellectual Property Court for appeal.
When resolving the issue of trademark rejection, enterprises should also pay attention to the subjective judgment of the examiner and the violation of the 10 and 11 absolute provisions of the Trademark Law, take timely action, and provide complete evidence. In addition, seeking help from a leading authority can also improve the success rate of trademark registration.