What is the procedure for trademark review of refusal?
With respect to the trademark review of refusal, it means that trademark application (including application for trademark registration, opposition, assignment, renewal, cancelation and etc.) has been refused by the Trademark Office, where the applicant is dissatisfied with the decision of Trademark Office, he or it may file a request of review to the Trademark Review and Adjudication Board within the legal time limit.
Under which condition the applicant can file an application for 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 cancelation of the registered trademark;
6)The party is dissatisfied with the Trademark Office's decision of cancelation of the improperly registered trademark.
When the applicant can file an application for 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 cancelation and etc. Normally, the 15 days time limit can not be extended, but if you have special cause and can provide sufficient evidence, you may file an application for extension of the time.
What is needed for filing an application for review?
1.An original executed Power of Attorney (form attached);
2.The applicant’s name and address both in English and Chinese (if there are not ready Chinese versions currently in use, please let us know whether we are authorized to prepare the Chinese translations);
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 cancelation;
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 etc. 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, e.g. the exhibition it has taken part in, the certificate of honor, etc;
7) Design idea or history of the applicant's trademark.
2021-04-15
Borsam IP
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Borsam IP