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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