If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party.
Article 34 If a party concerned does not apply for reexamination of the ruling of the Trademark Office within the statutory time limit or does not bring a suit in a people's court against the ruling of the Trademark Review and Adjudication Board, the ruling will take effect.
If it is ruled that the objection cannot be established, it shall be approved for registration, issued with a trademark registration certificate and announced; If the objection is established, the registration shall not be approved.
If the registration is approved after the ruling that the objection cannot be established, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of three months after the announcement of the preliminary examination.
Adjudication of disputes over registered trademarks
Article 41 If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark.
Where a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years.
In addition to the provisions of the preceding two paragraphs, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date when the trademark is approved for registration.
After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.
Article 42 A trademark that has been challenged and ruled before its registration is approved may not apply for ruling on the same facts and reasons.
Article 43 After the Trademark Review and Adjudication Board decides to maintain or cancel a registered trademark, it shall notify the parties concerned in writing.
If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.