TRAB receives
review applications filed based on Articles 32, 33 and
49 of the Chinese Trademark Law:
Review applications filed based on Article 32 against
rejection of trademark registration applications made
by the Trademark Office.
Review applications filed based on Article 33 against
opposition decisions made by the Trademark Office.
Review applications filed based on Article 49 against
cancellations of trademark registrations made by the Trademark
Office.
An applicant can file a review application at TRAB within 15 days upon receipt
of rejection notice, opposition decision or cancellation
decision. TRAB will review and adjudicate the case,
made the decision and notify the applicant in written.
If the applicant is not satisfied with the decision
of TRAB, it/he can file a lawsuit at the People's Court
within 30 days upon receipt of the decision from TRAB.
Requirements on filing a review application:
1) the original rejection notice, opposition decision
or cancellation decision from the Chinese Trademark
Office;
2) information of the trademark application or registration
involved;
3) name and address of the applicant in both English
and Chinese;
4) reasons and evidence materials;
5) one Power of Attorney signed by the applicant (company
chop needed for Chinese entity applicant).
Requirements for review on refusal regarding a Madrid
International Trademark Registration
1) information of the international registration;
2) a copy of WIPO's cover letter for forwarding the
Notice on Refusal;
3) a copy of the Notice of Refusal from the Chinese
Trademark Office;
4) reasons and relevant evidential materials;
5) one Power of Attorney signed by the applicant.
(The period for request review is 30 days from the
delivery date listed on WIPO's cover letter forwarding
the refusal notice). |
