Trademark Review
and Adjudication Board
I.
General Information:
The Trademark
Review and Adjudication Board, established under the
administrative authority for industry and commerce under
the State Council, is responsible for handling matters
relating to trademark disputes.
¡¡¡¡
The Trademark
Review and Adjudication Board (TRAB) accepts the
following types of cases:
1)
Cases of application for re-examination filed according
to the provision of Article 32 of the Trademark Law
because of dissatisfaction with decisions made by the
Trademark Office of the State Administration for
Industry and Commerce (hereinafter referred to as the
Trademark Office) on rejection of applications for
trademark registration;
2)
Cases of application for re-examination filed
according to the provision of Article 33 of the
Trademark Law because of dissatisfaction with opposition
adjudication made by the Trademark Office;
3)
Cases of application for re-examination filed
according to the provision of Article 49 of the
Trademark Law because of dissatisfaction with
cancellation decisions made by the Trademark Office
according to the provisions of Article 41 paragraph one,
Article 44 and Article 45 of the Trademark Law, and
4)
Cases of request for adjudication on cancellation of
registered trademarks filed according to the provision
of Article 41 of the Trademark Law.
II.
Procedure / Time Limitation:
1.
Review
If
not satisfied with the "Notification of
Refusal" or the "Decision on Opposition of
Trademark" or the "Decision on Cancellation of
Trademark" issued by the Chinese Trademark Office,
the interested party may, within
15 days from receipt of the notification, apply for
a review.
2.¡¡Cancellation¡¡
1)
Where
a registered trademark includes words or a design that,
in accordance with the Trademark Law, are not permitted
to be used in trademarks, or the registration of a
trademark was acquired by fraud or any other unfair
means, the TMO shall cancel the registered trademark in
question. Any other organization or individual may
request the TRAB to cancel such a registered trademark.
2)
The
owner of a trademark or any interested party may, within
five years from the date of registration, request
the Trademark Review and Adjudication Board to make an
adjudication to cancel the registered trademark in the
flowing cases:
- the
registered trademark is in conflict with an unregistered
well-known mark in respect of similar goods/services and
is likely to create confusion or with a registered
well-known mark in respect of goods/services that are
not similar and is likely to mislead the public and
damage the interests of the owner of the registered
well-known trademark;
- the
registered trademark has been obtained by the agent or
representative of the original trademark owner without
authorization;
- the
registered trademark consists of or contains a
geographical indication in respect of goods not
originating in the region indicated, to such an extent
as to mislead the public, unless such registrations were
made in good faith;
- the
registered trademark conflicts with prior right of
another person, or the registered trademark is identical
with a trademark which has been used by another person
and enjoys certain reputation, and the registration was
obtained by unfair means.
Where the registration has been made in bad faith, the
owner of a well-known trademark shall not
be bound by the five-year time limit.
3.
The adjudication or decision made by the TRAB is
not final. Any
interested party who is dissatisfied with the
adjudication or decision made by the TRAB may, within
thirty (30) days from receipt of the notification of
the adjudication or decision, institute legal
proceedings with the people's court.
III. Required Documents for filing a case with the
TRAB
1.
Original Power of Attorney (can be late filed
within 3 months).
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