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Name:Shenzhen Huasheng Zhihui Intellectual Property Management Co., LTD

Tel:0755-21015494

E-mail:hr@hszhip.com

Web:www.hszhip.com

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Basic introduction to trademark reexamination

2021-12-18
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Trademark review means that according to the provisions of Article 28 of the Regulations for the Implementation of the Trademark Law, the Trademark Review and Adjudication Board has the power to hear trademark registration review cases, trademark opposition review cases and trademark cancellation review cases. Trademark reexamination is a legal procedure for reexamination by the Trademark Review and Adjudication Board in response to a request for reexamination made by the party concerned against the decision made by the Trademark Office on matters related to the trademark.


According to Article 28 of the Implementing Regulations of the Trademark Law, the Trademark Review and Adjudication Board has the power to hear trademark registration review cases, trademark opposition review cases and trademark cancellation review cases.

A trademark registration review case refers to a case in which an applicant for trademark registration is dissatisfied with the decision of the Trademark Office to reject its trademark registration application and not announce it, and applies to the Trademark Review and Adjudication Board for review in accordance with Article 32 of the Trademark Law, and the Trademark Review and Adjudication Board decides according to law. ;Trademark opposition review cases refer to the cases in which the parties are dissatisfied with the trademark opposition ruling of the Trademark Office and apply to the Trademark Review and Adjudication Board for review in accordance with the provisions of Article 33 of the Trademark Law, and the Trademark Review and Adjudication Board hears and adjudicates; If the Trademark Office voluntarily revokes the registered trademark according to the provisions of the Trademark Law or refuses to accept the decision of whether to revoke the cancellation request for not using the trademark for three consecutive years, it may apply to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board will hear the adjudicated case. . The legal procedure for re-examination by the Trademark Review and Adjudication Board for the reexamination request made by the party concerned against the decision made by the Trademark Office on matters related to the trademark.


Types of Trademark Review

1. Reexamination of the party's dissatisfaction with the rejection of the trademark registration application by the Trademark Office;

2. Reexamination of the party's dissatisfaction with the rejection of the application for assignment of a registered trademark by the Trademark Office;

3. The party concerned refuses to accept the application for renewal of the registered trademark rejected by the Trademark Office;

4. Reexamination of the party's dissatisfaction with the ruling of the Trademark Office;

5. The reexamination of the party's dissatisfaction with the cancellation of the registered trademark by the Trademark Office;

6. The reexamination of the party's dissatisfaction with the revocation of an improperly registered trademark by the Trademark Office;


time for review

The applicant may request a review to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notification of rejection, ruling or revocation. If there are special reasons, you can apply for an extension before the expiration of the period. The extension time is 30 days, but you need to submit the evidence materials for the extension, such as a certificate from the post office or the neighborhood committee. Demonstrate reasonable grounds for late receipt of a notice of refusal, adjudication or revocation.


Materials to Provide

1. "Power of Attorney for Trademark Agency": If you entrust a trademark agency to act as an agent, you need to provide a power of attorney stamped with the applicant's seal. Applicants from outside the mainland who want to apply for trademark review in China must entrust a trademark agency to do so.

2. Various types of re-examination applications: if an agency is entrusted to apply for trademark re-examination, the agency will make it.

3. Reasons and Evidence Materials


decision of review

The Trademark Review and Adjudication Board will make a final decision of granting or disapproving the registration in the review of the rejection of the registration or the review of the opposition, and notify the parties concerned in writing.

The Trademark Review and Adjudication Board will make a final decision to maintain or revoke the trademark for other reviews, and notify the parties concerned in writing.


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