(1) cases that refuse to accept the decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject the application for trademark registration and apply for reexamination in accordance with Article 34 of the Trademark Law;
(2) a case that refuses to accept the decision of the Trademark Office not to register, and applies for reexamination in accordance with the third paragraph of Article 35 of the Trademark Law;
(3) a case in which a registered trademark is requested to be declared invalid in accordance with the provisions of paragraph 1 of Article 44 and paragraph 1 of Article 45 of the Trademark Law;
(4) a case that refuses to accept the decision of the Trademark Office to declare a registered trademark invalid and applies for reexamination in accordance with the second paragraph of Article 44 of the Trademark Law;
(5) a case that refuses to accept the decision of the Trademark Office to revoke or not to revoke a registered trademark and applies for reexamination in accordance with Article 54 of the Trademark Law.
in the trademark review procedure, the trademarks referred to in item (1) of the preceding paragraph are collectively referred to as applied trademarks, the trademarks referred to in item (2) are collectively referred to as objected trademarks, the trademarks referred to in item (3) are collectively referred to as disputed trademarks, and the trademarks referred to in items (4) and (5) are collectively referred to as reexamined trademarks. In these Rules, the aforesaid trademarks are collectively referred to as review trademarks. Article 3 The parties may participate in trademark review activities in written form or by means of data messages.
The specific measures for handling data messages shall be formulated separately by the Trademark Review and Adjudication Board. Article 4 The Trademark Review and Adjudication Board shall try trademark review cases in writing, unless it decides to conduct oral hearings in accordance with Article 6 of the Implementing Regulations.
The specific measures for oral hearing shall be formulated separately by the Trademark Review and Adjudication Board. Article 5 The decisions and rulings made by the Trademark Review and Adjudication Board in accordance with the Trademark Law, the Implementing Regulations and these Rules shall be delivered to the parties concerned in writing or in the form of data messages, and the reasons shall be explained. Article 6 Unless otherwise provided for in these Rules, the Trademark Review and Adjudication Board shall adopt a collegiate system in handling trademark review cases, and a collegiate panel consisting of three or more singular trademark reviewers shall conduct the trial.
In handling cases, the collegiate bench adopts the principle that the minority is subordinate to the majority. Article 7 Where a party or interested party applies for the withdrawal of the Trademark Review and Adjudicator in accordance with Article 7 of the Implementing Regulations, it shall do so in writing and explain the reasons. Article 8 During the trademark review, the parties have the right to dispose of their trademark rights and rights related to trademark review according to law. On the premise of not harming the interests of the public and the rights of the third party, the parties can reach a settlement in writing by themselves or through mediation.
In the case where the parties reach a settlement, the Trademark Review and Adjudication Board may close the case, or make a decision or ruling. Article 9 * * of a trademark review case shall, when handling trademark review matters with the applicant and the parties with trademarks, appoint a representative in accordance with the provisions of the first paragraph of Article 16 of the Implementing Regulations.
the representative's participation in the review is effective for the party he represents, but if the representative changes, abandons the review request or acknowledges the review request of the other party, it shall be authorized in writing by the represented party.
the documents of the Trademark Review and Adjudication Board shall be delivered to the representative. Article 1 A foreigner or foreign enterprise that has a habitual residence or business office in China may entrust a legally established trademark agency to handle trademark review or directly handle it; If there is no habitual residence or business office in China, it shall be entrusted to a trademark agency established according to law. Article 11 Where the agency authority is changed, the agency relationship is dissolved or the agent is changed, the parties concerned shall promptly notify the Trademark Review and Adjudication Board in writing. Twelfth parties and their agents may apply for access to the relevant materials of this case. Chapter ii application and acceptance article 13 an application for trademark review shall meet the following conditions:
(1) the applicant must have legal subject qualification;
(2) put forward within the statutory time limit;
(3) It belongs to the review scope of the Trademark Review and Adjudication Board;
(4) submit an application and relevant materials that meet the requirements according to law;
(5) Having a clear review request, facts, reasons and legal basis;
(6) Pay the review fee according to law. Article 14 To apply for trademark review, an application shall be submitted to the Trademark Review and Adjudication Board; If there is an applicant, it shall submit the corresponding number of copies according to the number of applicants; Where an application has been filed with the Trademark Office for the assignment, transfer or change of the trademark under review, but the announcement has not been approved, the parties concerned shall provide corresponding supporting documents; Where an application for reexamination is made based on the written decision of the Trademark Office, the written decision of the Trademark Office shall also be attached. Article 15 the application shall specify the following items:
(1) the name, mailing address, contact person and telephone number of the applicant. If there is an applicant in the application for review, the name and address of the applicant shall be specified. Where a trademark agency is entrusted to handle trademark review, it shall also specify the name, address, contact person and telephone number of the trademark agency;
(2) to review the trademark and its application number or preliminary examination number, registration number and the issue number of the Trademark Announcement in which the trademark is published;
(3) A clear review request and the facts, reasons and legal basis on which it is based.