Guide to Trademark Registration and Protection in China (9) - 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.