E-commerce sellers should also know that not all trademark applications are successful. In fact, many people fail to apply for trademarks. If the seller is dissatisfied with the decision made by the Trademark Office, he can file a review.
Trademark review refers to the legal procedure for the Trademark Review and Adjudication Board to review the decision made by the Trademark Office on trademark-related matters.
According to Article 28 of the “Regulations for the Implementation of the Trademark Law”, the Trademark Review and Adjudication Board has the right to hear trademark registration review cases, trademark objection reviews and trademark cancellation reviews.
1. Time for review
The applicant can request the Trademark Review and Adjudication Board to review the case within 15 days from the date of receipt of the rejection notice or the notice of decision or cancellation. If there are special reasons, you can apply for a 30-day extension before the expiration of the period, but you need to submit proof of evidence of the extension from the post office, neighborhood committee, etc. Proof of receipt of the rejection notice. Reasonable reasons for the late receipt of the ruling notice or the notice of cancellation.
2. Documents and materials:
1) Various review applications: If you entrust an agency to apply for trademark review, it will be prepared by the agency.
2) Trademark Agency Authorization Letter: If you entrust a trademark agency to act as an agent, you must provide a letter of authorization with the applicant’s seal. Applicants from outside the mainland who apply for trademark review in China must entrust a trademark agency.
3) Reasons and evidence
3. Types of trademark review:
1) Trademark rejection review:
If a trademark registration applicant is dissatisfied with the decision of the Trademark Office to reject the trademark registration application or not to publish it, he/she may apply to the Trademark Review and Adjudication Board for review in accordance with Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board shall make a ruling in accordance with the law;
2) Trademark objection review:
If a party is dissatisfied with the Trademark Office’s decision on trademark objection, he/she may apply to the Trademark Review and Adjudication Board for review in accordance with Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board shall hear the case;
3) Trademark cancellation review:
If a party is dissatisfied with the decision of the Trademark Office to voluntarily cancel a registered trademark or cancel a trademark for three consecutive years in accordance with the Trademark Law, he/she may apply to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board shall hear the case.
The above are 3 issues about trademark review shared with sellers, I hope it will be helpful to cross-border sellers. LianLian International always pays attention to every little thing of sellers, and will bring articles about related aspects in future articles to help sellers operate better.