Trademark Rejection In China

If My Trademark Registration Is Rejected In China, What Should I Do, How Much Does It Cost To Submit The Rejection Review, How Long Will It Take To Get The Result, And How Should I Write The Rejection Review?

1.What to do if trademark registration is rejected

Analyze the reasons for rejection: The most common reasons for trademark rejection in China include similarity to existing trademarks, lack of distinctiveness, and violation of trademark laws and regulations. Carefully study the rejection notice to understand the specific grounds for rejection.

2.Consider modification and re - application: If the rejection is due to issues such as the design of the trademark or lack of distinctiveness, you can modify the trademark and re - apply. However, if the rejection is due to similarity to a well - known trademark, this option may not be feasible.

3.File a review request: You have the right to file a review of the rejection decision within a specified time limit.

2.Cost of review

1.The official fee for trademark review in China is 750 yuan per class of goods/services. But in addition to the official fee, you may also need to consider attorney fees if you hire a professional trademark agent or lawyer to handle the review. The attorney fees can vary widely depending on the complexity of the case and the service provider, usually ranging from a few thousand yuan to tens of thousands of yuan.

3.Time for review results

1.The Trademark Review and Adjudication Board in China generally tries to complete the review process within 9 - 12 months. However, in complex cases, it may take longer.

4.How to write a review

1.Introduction: Clearly state the trademark number, the name of the trademark, and the applicant's information at the beginning. Indicate that you are filing a review of the rejection decision.

2.Main content:

1.Argue against the reasons for rejection: If the rejection is due to similarity to an existing trademark, you can analyze and point out the differences between your trademark and the cited trademark in terms of appearance, pronunciation, meaning, and the goods/services it covers. Provide evidence such as market research, consumer surveys (if available), and the original intention of the trademark design to prove that your trademark is distinguishable.

2.Cite relevant laws and regulations: Quote the relevant provisions of China's Trademark Law to support your claim that the rejection decision may be incorrect. For example,if you believe that your trademark meets the requirements of distinctiveness and does not violate any of the legal prohibitions, find the corresponding legal articles to back up your position.

3.Provide additional supporting materials: You can attach relevant documents such as usage evidence of the trademark (if it has been used in a limited scope before), prior registration in other countries or regions (if applicable), and relevant industry reports showing the uniqueness of your trademark concept.

Trademark rejection in China

Conclusion: Summarize your main points and firmly request a reconsideration of the rejection decision and a favorable ruling.

It should be noted that trademark review is a complex legal process, and it is advisable to seek professional legal advice or the assistance of a trademark agent for a better chance of success.