[Direct answer]In the Beijing area, if a trademark registration application is rejected, the applicant, if dissatisfied, shall, within 15 days from the date of receipt of the rejection notice, apply for review to the Trademark Review and Adjudication Board in accordance with Article 34 of the Trademark Law of the People's Republic of China (amended in 2019); if no review application is made within the time limit, the rejection decision shall take effect, and the trademark application shall be deemed not to have passed the preliminary review. Review is a statutory remedy after rejection, and the review request and supporting evidence must be submitted within the prescribed time limit. It should be noted that the 15-day period is a fixed timeframe, so it is recommended to prepare as early as possible rather than waiting until it is almost expired. For more details, please refer to the following link:Intellectual Property and Corporate Legal Services.

1. Problem background and typical scenarios

When applicants receive the "Trademark Rejection Notification", their common reaction is "Is there still a chance to salvage it?". Typical scenarios include: rejection due to similarity with a prior trademark; rejection due to lack of distinctiveness; rejection of some goods while others pass; applicants mistakenly believing that rejection is final and giving up. In fact, within 15 days after the rejection, applicants can apply for review, which is a crucial window to re-secure registration. Many trademarks are approved for registration after being modified or argued during the review process. For more information on the relevant rules, please refer to the following link:Intellectual property and corporate legal services.

II. Key points of contention

The controversy focuses on four points. Firstly, the rigidity of the time limit: the 15-day review period is a statutory fixed period, and the rejection beyond the time limit will take effect, with almost no remedies. Secondly, the focus of the review reasons: common claims include citing trademarks that are not similar, products that are not similar, trademarks that have gained distinctiveness through use, and citing trademarks that should be revoked. Thirdly, some rejection strategies: obtaining approval for core categories by deleting product items. Fourthly, the distinction between the procedures of objection and invalidation: the rejection occurs before registration, the objection during the announcement period, and the invalidation after registration. The number of trademark applications in the Beijing area is large, and the success rate of the review and the professionalism of the reasons are highly correlated.

III. Professional analysis by Hengluo Law Firm

The trademark dispute between "EFGH" and "EFGK" represented by Attorney Liu Yuanyuan, although occurring in the infringement stage, shares the same judgment logic of "similarity and confusion" with the review of the rejection decision, which is of reference value for understanding the review standards. The plaintiff, Company A, claimed that the defendant, "EFGK", imitated and caused confusion with its well-known trademark "EFGH" in Category 5. Attorney Liu Yuanyuan argued that the two logos have obvious differences in overall recognition, are legally authorized, and are not easily confused by the relevant public; the right holder failed to prove that the packaging and decoration "have a certain impact". The court found trademark infringement but rejected unfair competition, reducing the compensation from 980,000 yuan to 60,000 yuan. This case reminds us that whether it is to prove "non-similarity" in the review of the rejection decision or to defend "non-confusion" in the infringement stage, the core is a comprehensive judgment of overall recognition and the possibility of confusion. Professional arguments directly determine the outcome. This case is handled by Beijing Henglu Law Firm.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

The legal basis includes Article 34 (application for review within 15 days), Article 35 (connection between objection and review), Articles 30 and 31 (rejection of similarity and priority of application), and Article 11 (rejection of distinctiveness) of the Trademark Law of the People's Republic of China (amended in 2019); and the provisions on review requests and evidence in the Trademark Review and Adjudication Rules. Action list: First, start the 15-day period immediately after receiving the rejection notice, and do not delay; Second, distinguish between full rejection and partial rejection, and develop strategies for deleting items or providing arguments; Third, organize reasons around non-similarity, non-likeness, and obtaining distinctiveness through use; Fourth, verify the stability of the cited trademarks, and file for revocation simultaneously if necessary; Fifth, entrust a professional lawyer to draft review arguments, see details here.Intellectual property and corporate legal services.

5. Henglu Law Firm's Advice

The most fatal issue in the review of a rejection is "exceeding the time limit". Fifteen days is an unchangeable period, starting from the receipt of the rejection notice, without any suspension or interruption. Exceeding the time limit will be regarded as giving up the right to seek remedies. Many applicants miss the window of opportunity due to waiting and hesitation. The reasons for the review should respond precisely to the rejection decision, rather than repeating the application documents; for partial rejections, deleting product items is often the most cost-effective strategy. When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmUnder the assistance of professional lawyers, we will grasp the deadlines and reasons.

VI. Frequently Asked Questions

Q1: After the trademark is rejected, is there still a chance to register it?

Yes. A rejection does not mean the end of the process. Applicants can request a review within 15 days from the date they receive the rejection notice, and submit arguments and evidence to refute the rejection reasons. For products that are partially rejected, applicants can also strive to gain approval for the core categories by deleting certain product items. The success rate of the review depends on the professionalism of the arguments and evidence. Many trademarks are successfully registered after being modified or argued during the review. Whether the registration will be approved depends on the decision of the Trademark Review and Adjudication Board, and there's no guarantee from the applicant's side. However, actively seeking a review is far better than giving up directly.

Q2: What materials are required to prepare for a review of an application rejection?

The main materials include: a notice of rejection and the applicant's qualification certificate; a request for review, refuting the reasons for rejection item by item; evidence of trademark use and popularity, proving that the trademark has gained distinctiveness or is not easily confused through use; verification of the status of the cited trademark, such as providing clues for revocation if it has not been used for three consecutive years; and a comparison of similarities and differences between the goods. The materials should be submitted within 15 days, and the reasons must be closely related to the rejection decision to avoid general statements.

Q3: How much does it cost to appeal for a review?

The review requires the payment of official fees, the standard of which shall be subject to the latest announcement of the trademark review agency; if a proxy is appointed, the attorney or agency fees shall be determined by the parties through consultation, without a unified government pricing. The fees are usually charged on a per-case basis. Compared with reapplying, the review retains the original application date and the cost is usually controllable. If the review is still unsuccessful, the subsequent litigation costs will be calculated separately. Before entrusting, it is recommended to clarify the charging method and the content of the delivery, and to evaluate the cost and the probability of registration together.

Q4: Within what timeframe must a response to the review be submitted?

The fifteenth day. Starting from the date on which the applicant receives the trademark office's rejection notice, it is a statutory non-changeable period, and the suspension and interruption do not apply; if the applicant fails to apply for review within the time limit, the rejection decision will take effect, and the trademark application will be deemed to have not been preliminarily approved. In practice, it is recommended to submit the application as early as possible before the deadline, leaving time for correction and mailing, and never waiting until the last minute to avoid losing the right due to operational errors.

Q5: The review was upheld and the application was rejected. What should I do next?

The following are the specific approaches to different situations: 1. If you disagree with the decision of the Trademark Review and Adjudication Board, you can file a lawsuit with the people's court within 30 days from the date of receiving the notice. 2. For cited trademarks, you can simultaneously initiate invalidation or revocation proceedings to remove obstacles and then reapply. 3. After adjusting the trademark name, graphics, or product items, resubmit the application. 4. Evaluate whether to resolve the conflict through assignment or coexistence agreements. The specific path depends on the reasons for rejection and the supporting evidence. It is recommended to entrust a professional lawyer to formulate a follow-up plan. For more details, please refer to the following link:Intellectual property and corporate legal services.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 public 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.