Procedure of the Review of Trademark Refusal - Trademark Refusal in China
What is the procedure for the review of trademark refusal? With respect to the trademark review of refusal, it means that trademark application (including application for trademark registration, opposition, assignment, renewal, cancellation and etc.) has been refused by the Trademark Office, where the applicant is dissatisfied with the decision of Trademark Office, he or it may file a request of review to the Trademark Review and Adjudication Board within the legal time limit.
Under which condition the applicant can file an application for review?
Normally, under the following situations the applicant may file a request for review:
1) The party is dissatisfied with the Trademark Office’s decision of rejecting the trademark registration application;
2) The applicant is dissatisfied with the Trademark Office’s decision of rejecting the trademark assignmen t application;
3) The party is dissatisfied with the Trademark Office’s decision of trademark opposition;
4) The party is dissatisfied with the Trademark Office’s decision of rejecting the trademark renewal application;
5) The party is dissatisfied with the Trademark Office’s decision of cancellation of the registered trademark;
6) The party is dissatisfied with the Trademark Office’s decision of cancellation of the improperly registered trademark.
When the applicant can file an application for review?
The applicant can file an application for review within 15 days from the date of receiving the official notification of refusal, notification of decision of cancellation and etc. Normally, the 15 days time limit cannot be extended, but if you have special cause and can provide sufficient evidence, you may file an application for extension of the time.
What is needed for filing an application for review?
1. An original executed Power of Attorney (form attached);
2. The applicant’s name and address both in English and Chinese (if there are not ready Chinese versions currently in use, please let us know whether we are authorized to prepare the Chinese translations);
3. Copy of the passport or other identification certificate, for individual applicant. /Copy of Certificate of Incorporation for Enterprise.
4. The original official notification of refusal or cancellation
5. The original envelope of the official communication letter
6. Evidences to support the trademark review, including:
1) Using information about the trademark in China market (such as the proof materials of first use of the trademark, the scope of using the trademark, the last time of using the trademark);
2) All kinds of advertising that has been used, e.g. TV, radio, titles of newspapers or magazines, etc.
3) Amounts spent on promoting the goods in the past three to five years;
4) The outputs, sales volumes, sales incomes, profits and taxes and sales regions etc. of the principal goods to which the mark applies
5) The certificate of registration in other countries;
6) Other evidences can certify that the mark has a certain reputation in worldwide, especially in China, e.g. the exhibition it has taken part in, the certificate of honor, etc
7) Design idea or history of the applicant’s trademark.
ABOUT THE AUTHOR: Borsam IP & Law Firm
Borsam is a professional I.P. law office, which consists by I.P. attorney, patent attorney and trademark attorney with ten-year experience and cooperates with Taiwan professional patent/trademark attorney. Borsam establish a long cooperation with I.P. firms of more than fifty countries.
Our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in China, Hong Kong, Taiwan, USA, Europe and worldwide.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.