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).