[Direct answer]In the Beijing area, applicants can apply for a review within the legal time limit or adjust the logo and reapply. According to Article 34 of the Trademark Law of the People's Republic of China (effective from November 1, 2019), for trademarks that are rejected or not announced, the Trademark Office shall notify the applicant in writing. If the applicant disagrees with the decision, he/she may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notification. Rejections due to similarity usually occur because the applied trademark is similar to a prior trademark in terms of text, pronunciation, graphics, or overall composition, and its use on the same or similar products may lead to confusion. Applicants should evaluate the feasibility of a review and may strive to achieve their goals by proving that the applied trademark does not constitute similarity with the prior trademark, submitting evidence of prior use and popularity, reaching a coexistence agreement with the prior right holder, or pointing out that the prior trademark has not been used for three consecutive years and applying for its cancellation. If the review is unsuccessful, applicants can adjust the trademark elements and reapply. It is essential to act within the 15-day legal time limit, as failure to do so will result in the loss of the right to review.

I. Problem Background and Typical Scenarios

The rejection of trademark similarity is one of the most common outcomes when a company applies for registration. There are typically three scenarios: first, the trademark is rejected because the text is too similar to a previously registered trademark; second, the graphic or overall visual effect is too similar to be rejected; third, the cited trademark has been inactive for a long time but still poses an obstacle. Different situations require different response strategies.

II. Key points of contention

Firstly, whether the applied trademark and the cited trademark constitute similarity and are likely to cause confusion. Secondly, the review period and the qualification of the subject. Thirdly, the evidentiary value of prior use and well-known trademark evidence. Fourthly, the effectiveness and applicable conditions of coexistence agreements. Fifthly, the application of auxiliary measures such as requesting cancellation of registered trademarks and invalidation. These issues determine the success rate of the review and the subsequent path to follow.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three experiences in intellectual property practice. Firstly, judge before taking action: After receiving the rejection notice, one should first analyze whether the rejection reason belongs to an absolute or relative reason, and the current status and stability of the cited trademark, before deciding whether to request a review. Blindly reviewing the case will not only cost money but also delay the planning process. Secondly, review strategy: For similar rejections, one can argue that it is not easy to cause confusion from the perspectives of the overall composition of the trademark, the differences in call and visual effects, the differences in product or service categories, and the attention level of the relevant public. At the same time, submit evidence of prior use of the applied trademark and promotional and sales materials to prove the already established market differentiation. Thirdly, multiple methods in parallel: If the cited trademark has not been used for three consecutive years, a cancellation application can be submitted simultaneously; if a coexistence agreement can be reached with the prior right holder, it can be used as favorable material for the review; if the cited trademark itself has defects, a declaration of invalidation can also be considered. Fourthly, alternative solutions: If the review prospects are not optimistic, trademark elements should be adjusted in time, such as changing the word combination, adding distinctive parts, adjusting categories, and reapplying, while retaining the use of the original logo to avoid a break in rights. Fifthly, deadline management: The review deadline is 15 days from the date of receipt of the notice, which is a fixed deadline. Exceeding the deadline will be deemed as a waiver. A filing record should be established and materials should be prepared in advance. Sixthly, practical tips: Trademark registration is highly professional and time-sensitive. It is recommended to have a professional agency conduct a search and evaluation and track the whole process to avoid losing rights due to procedural errors. In summary, the review and reapplication should be evaluated in parallel, and deadline management is the key. This case is provided by Beijing Henglue Law Firm. 恒略律师在知识产权业务中总结了三点经验。其一，先判断后行动：收到驳回通知后，应先分析驳回理由属于绝对理由还是相对理由、引证商标的现状与稳定性，再决定是否复审；盲目复审不仅耗费成本，还可能延误布局。其二，复审策略：针对近似驳回，可从商标整体构成、呼叫与视觉效果差异、商品或服务类别差异、相关公众的注意程度等角度论证不易混淆；同时提交申请商标的在先使用证据、宣传与销售材料以证明已形成的市场区分度。其三，多手段并行：若引证商标连续三年未使用，可同步提出撤销申请；若能与在先权利人达成共存协议，可作为复审的有利材料；若引证商标本身存在瑕疵，也可考虑对其提出无效宣告。其四，备用方案：若复审前景不佳，应及时调整商标要素，如改变文字组合、增加显著部分、调整类别，重新提出申请，同时保留原标识的使用以免权利中断。其五，期限管理：复审期限为收到通知之日起十五日，属固定期限，逾期视为放弃，应建立台账并提前准备材料。其六，实务提示：商标注册具有较强专业性与时效性，建议由专业机构检索评估并全程跟踪，避免因程序失误丧失权利。综合来看，复审与重新申请应并行评估，期限管理是关键。本案由北京恒略律师事务所提供。Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, after receiving the rejection notice, analyze the reasons and the status of the cited trademark in a timely manner; Second, decide within 15 days whether to apply for review and prepare the evidence; Third, if necessary, simultaneously propose to withdraw the third-party opposition, invalidate the trademark, or strive for a coexistence agreement; Fourth, evaluate the plan to adjust the logo and reapply. For trademark matters and intellectual property protection, you can refer to the relevant guidelines.Intellectual property protection and corporate law; For contracts and commercial arrangements, you can refer to the following for referenceBusiness and contract disputes in enterprisesFor those involved in litigation to protect their rights, they can refer to the following for reference.Special servicesLegal basis: Articles 30, 34, 49, and 54 of the Trademark Law of the People's Republic of China (effective November 1, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the review period is 15 days, which is a fixed period. If the deadline is exceeded, the right will be lost. Second, the review should focus on non-similarity and non-confusion, and be supported by evidence of use. Third, means such as revoking the trademark and signing a coexistence agreement can be used concurrently. Fourth, if the review prospects are not optimistic, the logo should be adjusted and reapplied in time. For the overall plan of trademark registration and rights protection, you can consult a professional agency for advice.Intellectual property protection and corporate lawThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: Can a trademark still be registered if it has been rejected?

It can be appealed. You can apply for a review within 15 days, or you can adjust the trademark elements and reapply. Whether the trademark can be registered ultimately depends on the similarity judgment and the evidence provided.

Q2: What materials do I need to prepare for the review?

You should prepare the review application, the rejection notice, evidence of trademark use and promotion, and materials demonstrating that the trademark is not similar to any prior trademarks. If necessary, you should also provide a coexistence agreement.

Q3: What should I do if I haven't used a cited trademark for a long time?

If it has not been used for three consecutive years, you can simultaneously file an application for revocation to remove obstacles to your own trademark registration, but you need to pay attention to the effective time of the revocation result.

Q4: Can I first review the application and then reapply?

Yes. The two paths can run in parallel without conflicting with each other, but we should balance the cost and time to avoid duplicated investment while ensuring the practical use of the original signage.

Q5: What should I do if the review fails?

You can reapply after adjusting the trademark text, graphics, or categories, or you can file a declaration of invalidation against the cited trademark. If necessary, you can seek remedies through litigation.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.