Opposition Procedures of Trademark in China
2009-07-23 14:29:03  Source:IPR in China  
 

Trademark review means legal procedure the Trademark Review and Adjudication Board reexamine when an application presented by the party who dissatisfy with the decision of the Trademark Office.

1. Types of trademark review

1.1. The review that the party dissatisfy with the
 Trademark Office's
 refusal of application of trademark registration;

1.2. The review that the party dissatisfy with the Trademark Office's refusal of application
of registered trademark assignment;

1.3. The review that the party dissatisfy with the Trademark Office's refusal of application of
registered trademark renewal;

1.4. The review that the party dissatisfy with the Trademark Office's opposition adjudication;

1.5. The review that the party dissatisfy with the Trademark Office's cancellation of registered trademark;

1.6. The review that the party dissatisfy with the Trademark Office's cancellation of improperly registered trademark;

 2. The time for review

The applicant may, within fifteen days from receipt of the notification of refusal, adjudication, and cancellation, apply for a review to the Trademark Review and Adjudication Board.
 
If, under special circumstances, the applicant may apply for extension before the expiration, the extension period is thirty days and the applicant should pay for application fee.

3. Documents and materials need to be provided

3.1. Power of Attorney for Trademark Application: Where the applicant has appointed a trademark agency, the sealed power of attorney by the applicant shall be provided.
 
The applicant out of China mainland applies for a review of trademark, he must appoint a trademark agent to act as its or his agency.

3.2. Kinds of review application: Where a trademark agency is appointed to apply for the review, it shall be applied by such agent.

3.3. Reasons and evidential materials

4.
Jurisdiction of the review

After the Trademark Review and Adjudication Board has made a final adjudication about the refusal of application of trademark registration and opposition adjudication either to register or not to register a trademark, it shall notify the interested parties of the same in writing.

      After the Trademark Review and Adjudication Board have made a final adjudication about other review either to maintain or to cancel the registered trademark, it shall notify the interested parties of the same in writing.