Trademark review provisions

Trademark review

Trademark review refers to: according to the provisions of Article 28 of the Implementing Regulations of the Trademark Law, the Trademark Review and Adjudication Board has the right to hear trademark registration review cases, trademark opposition review cases and trademark revocation review cases.

A trademark registration review case refers to a case in which the applicant for trademark registration is not satisfied with the decision of the Trademark Office to reject its trademark registration application and not to publish it, and applies to the Trademark Review and Adjudication Board for review in accordance with the provisions of Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board makes a ruling according to law; A case of review of trademark opposition refers to a case in which the parties concerned are not satisfied with the ruling of the Trademark Office on trademark opposition, and apply to the Trademark Review and Adjudication Board for review in accordance with Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board shall hear the ruling; A trademark revocation review case refers to a case in which a party is dissatisfied with the Trademark Office's decision on whether to revoke a registered trademark in accordance with the provisions of the Trademark Law or the request for revocation of a trademark that has not been used for three consecutive years, and may apply to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board shall hear the ruling. The legal procedure for the Trademark Review and Adjudication Board to re-examine a request made by a party who is not satisfied with the Trademark Office's decision on the handling of trademark related matters.

I. Types of trademark review:

(1) Review by the parties against the rejection of the trademark registration application by the Trademark Office;

(2) Review by the parties against the rejection of the application for assignment of registered trademarks by the Trademark Office;

(c) the party to the trademark office rejected the application for renewal of the registered trademark application application;

4. Review by the parties against the ruling of the Trademark Office;

5. Review of the party's refusal to accept the cancellation of the registered trademark by the Trademark Office;

6. Review of the party's refusal to accept the cancellation of the improperly registered trademark by the Trademark Office;

Second, the time of review

The applicant may, within 15 days from the date of receipt of the notice of rejection, notice of determination or notice of revocation, request the Trademark Review and Adjudication Board for review. If there are special reasons, you can apply for an extension before the expiration, the extension time is 30 days, but you need to submit evidence of the extension such as the post office or the neighborhood committee certificate. Reasonable cause proving that the Notice of rejection, determination or Notice of revocation was received late!

Documents and materials to be provided:

1. Power of Attorney for Trademark Agency: If a trademark agency is entrusted, a power of attorney stamped with the applicant's stamp shall be provided. Applicants from outside the mainland who want to apply for trademark review in China must entrust a trademark agency to conduct the review.

2, all kinds of review applications: entrusted agencies to apply for trademark review, produced by the agency.

3. Reasons and evidentiary materials

Ruling of review

The Trademark Review and Adjudication Board shall make a final ruling on whether to grant registration or not, and notify the parties concerned in writing.

For other reviews, the Trademark Review and Adjudication Board shall make a final ruling on maintaining or revoking the trademark, and notify the parties concerned in writing.