Conditions that need to be met when applying for trademark review: (1) The applicant has legal subject qualifications; (2) Has clear review requests, facts and reasons; (3) Submits an application that meets the regulations in accordance with the law and Relevant evidence materials; (4) submitted within the statutory time limit; (5) falling within the review scope of the Trademark Review and Adjudication Board; (6) paying review fees in accordance with the law.

Legal Basis

Article 45 of the Trademark Law of the People's Republic of China

A registered trademark violates Article 13 of this Law As stipulated in paragraphs 2 and 3 of Article 15, paragraph 1 of Article 16, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, The prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party. When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or is being handled by an administrative agency, the review may be suspended. . After the reasons for the suspension are eliminated, the review process should be resumed.