CHINA TRADEMARK

CHINA TRADEMARK REGISTRATION (3)

Opposition

General Information

Any person may file an opposition against the trademark which has been preliminarily approved and published within three months from the date of publication.

After receiving a copy of the "Application for Trademark Opposition" as well as the relevant documents dispatched by the Chinese Trademark Office, the opposer should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Trademark Office will go on unhindered.

If not satisfied with the Decision on Opposition of Trademark issued by the Chinese Trademark Office, the opposer or opposee may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

The opposition reasons may be as follows:
i. The preliminarily approved trademark is a forestalled famous foreign trademark.
ii. The preliminarily approved trademark is identical with or similar to prior registered or filed trademarks.
iii. The preliminarily approved trademark is not in conformity with the provisions stipulated by the Chinese Trademark Law.

Requirements on Entrusting an Application for Opposing a Trademark

1) Instruction letter:
i. Stating the name and address of the opposer, preferably with Chinese versions.
ii Publication and preliminary approval number.
2) Power of Attorney: executed by the opposer.
3) Reasons and evidential materials.

Review Procedure in the Trademark Review and Adjudication Board

General Information

The Trademark Review and Adjudication Board of the State Administration of Industry and Commerce (for short: Trademark Review and Adjudication Board) is an administrative organ of the State Administration of Industry and Commerce set to be in charge of trademark review, and carries out the final adjudication right with regard to trademark review matters.

The following types of review cases are accepted by the Trademark and Adjudication Board:
1) Review on refusal by the Trademark Office against a trademark registration application.
2) Review on decision by the Trademark Office with regard to trademark opposition.
3) Review on refusal of the Trademark Office against a trademark assignment application.
4) Review on refusal by the Trademark Office against a trademark renewal application.
5) Review on cancellation by the Trademark Office of the registered trademark.
6) Review on cancellation by the Trademark Office of the registered trademark due to improper registration.

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.

For a review of a refusal of trademark registration application or a trademark opposition, the Trademark Review and Adjudication Board shall make a final decision and notify the interesting party in writing. Where a trademark is, according to the final decision, preliminarily approved, it shall be transferred back to the Trademark Office for further procedures.

For the other reviews, the Trademark Review and Adjudication Board shall make a final decision to maintain or not to maintain the registered trademark, and notify the interested party in writing.

Requirements on entrusting us to proceed with the Review

1) Power of Attorney: executed by the applicant
2) Reasons and relevant evidential materials.

Cancellation on the Basis of Three-Consecutive Year Non-use

General Information

A registered trademark should be used. If a registered trademark has ceased to be used for three consecutive years, any other organizations or individuals may request the Trademark Office to cancel the trademark registration.

Use of a registered trademark includes use of the trademark on goods, packages, containers or trading documents, or use the trademark in advertisements, exhibition and other business activities.

The duration of non-use of a registered trademark is three consecutive years, calculated by dating back three years from the date of receipt of "Application for Cancellation of Registered Trademark Not Having been Used for Three Consecutive Years" by the Chinese Trademark Office.

After receiving the notice from the Trademark Office of providing evidences of use, the registrant should provided the evidences of having used the mark for three consecutive years within the specified time limit. Where no response is made before the expiration of the time limit, the Trademark Office will make the decision to cancel the said trademark.

If not satisfied with the Decision issued by the Trademark Office, the applicant or registrant may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

Requirements on entrusting us to proceeding with the Application for Cancellation of Trademark Registration

1) Instruction letter, stating the name and address of the applicant, preferably with Chinese versions.
2) the trademark number
3) Power of Attorney, original, executed by the applicant.

Cancellation on the Basis of Improper Registration

General Information

A registered trademark, if its words or designs violate the provisions of Article 8 of the Chinese Trademark Law, or its registration was acquired by fraud or any other unfair means, constitutes a trademark of improper registration.

The said fraud or any other unfair means for acquiring trademark registrations includes:
1. Fabricating or withholding the truth or forging an application and the related documents in the registration.
2. Violating the principles of honesty and credit and plagiarizing, counterfeiting or translating any well-known trademark of another party in the registration.
3. Acquiring a trademark registration in the name of a trademark agent but without the authorization of the trademark proprietor who entrusts him in the registration.
4. Infringing on any legal prior rights of another party in the registration.
5. Using any other unfair means to acquire a registration.

The Chinese Trademark Office has the right to cancel improper trademark registrations voluntarily. If not satisfied with the Decision on Cancellation of Trademark issued by the Chinese Trademark Office, the registrant may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

Any other organization or individual may request the Trademark Review and Adjudication Board to cancel improper trademark registrations. After receiving a copy of the "Application for Cancellation of Improperly Registered Trademark" as well as the relevant documents dispatched by the Board, the registrant should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Board will go on unhindered. The decision made by the Board is final.

Requirements on entrusting us to proceed with the Application for Cancellation of Trademark License

1) Instruction letter, stating the name and address of the applicant, preferably with Chinese versions.
2) the number of the improper trademark registration
3) Power of Attorney, original, executed by the applicant.
4) reasons and evidence materials.

Dispute

General Information

Where a registrant of a prior registered trademark is dissatisfied with the registration of a identical/similar trademark on identical/similar goods/services and the grant of said later registration has not yet exceeded one year, it may file a request with the Trademark Review and Adjudication Board for a dispute adjudication to oppose the acquirement of the exclusive right of the trademark.

After receiving a copy of the "Application for Trademark Dispute" as well as the relevant documents dispatched by the Trademark Review and Adjudication Board, the disputed party should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Board will go on unhindered. The Trademark Review and Adjudication Board will make a final decision with regard to the dispute of registered trademark.

Conditions for requesting adjudication of dispute of a registered trademark are as follows:
1. The applicant raising the dispute against the registered trademark should be a registrant of a registered trademark.
2. The applicant's trademark should be filed prior to the filing date of the disputed trademark.
3. Ground of the dispute can only be the relative ground.

Requirements on Entrusting an Application for Disputing a Trademark

1) Instruction letter:
i. Stating the name and address of the applicant, preferably with Chinese versions.
ii. the registration number of the disputed trademark and the disputing trademark registration.
2) Power of Attorney, executed by the applicant,
3) Reasons and evidential materials.

Trademark Search

General Information

At present, the search for trademarks is undertaken by the pertinent department under the Chinese Trademark Office. The search is now limited only to goods/service marks composed of Chinese words, foreign words and their combinations; no applications for search on marks with only designs or on the design portions of composite marks is accepted.

Either regular search or urgent search can be requested; the former takes 7 work days to complete the search report, while the latter, 5 work days.

Only the marks that have been published or are ready to be published can be searched, while those pending, can not. Moreover, the search reports are for reference only, and can not be taken as legal basis for applications for registration of trademarks.

The applicant is required to provide literal information regarding the trademark, the international class and the goods/services using that mark, or the registrant, etc.

The search fee is charged on the basis of per trademark per class.

Requirements on entrusting us to proceed with the Search

1) For searching trademarks, providing the literal names of trademarks.
2) For searching statues of registered trademarks, providing the registered trademark numbers.
3) For searching all trademarks of a registrant, providing the Chinese name of the registrant.

See also:
China trademart registration procedures and costs
Requirements on Application for Registering a Trademark in China
Chinese Trademark Renewal, Assignment, Bibliographic Change, Reissuance of Certificate, Recordal of Trademark Licence

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