The procedure for trademark review is as follows: The applicant shall submit an "Application for Review of Refusal of Trademark Registration Application" to the Trademark Review and Adjudication Board, and at the same time attach the original "Application for Trademark Registration" stamped with the "Rejection" seal of the Trademark Office, The original "Notice of Trademark Rejection", the trademark drawing, the envelope from the Trademark Office sending the Notice of Trademark Rejection, other relevant supporting materials and physical evidence. If the applicant needs to supplement relevant evidence materials after submitting the review application, it should be included in the application. statement, and submit the same number of evidence materials as the application form within 3 months from the date of submission of the application form; failure to make a statement in the application form or failure to submit it within the time limit shall be deemed to have given up supplementing relevant evidence materials. Within thirty days from the date of receipt of the "Application for Reexamination of Rejection of Trademark Registration Application", if the Trademark Review and Adjudication Board deems upon review that it meets the statutory acceptance conditions, it will accept the application and notify the applicant in writing; if it deems that the statutory conditions are not met, it will notify the applicant in writing. The application will not be accepted and the reasons shall be stated. If the Trademark Review and Adjudication Board believes that the application basically meets the statutory conditions, but requires corrections, it may make corrections within a time limit; if no corrections are made within the time limit, it will not be accepted, the applicant will be notified in writing, and all application documents will be returned. Legal basis: "Trademark Law of the People's Republic of China" Article 37 Applications for trademark registration and trademark review shall be reviewed in a timely manner. Article 49 of the Implementation Regulations of the Trademark Law of the People's Republic of China in accordance with the provisions of Paragraph 2 of Article 49 of the Trademark Law shall apply for cancellation of an internationally registered trademark from the date of expiration of the time limit for rejection of the application for international registration of the trademark. An application shall be filed with the Trademark Office after 3 years; if the rejection period expires and is still in the process of rejection review or objection, an application shall be filed with the Trademark Office after 3 years from the effective date of the decision of the Trademark Office or the Trademark Review and Adjudication Board to approve registration. Apply. If you apply to declare an internationally registered trademark invalid in accordance with Article 44, Paragraph 1 of the Trademark Law, you must file an application with the Trademark Review and Adjudication Board after the expiration of the rejection period for the international registration application; when the rejection period expires, you are still in the process of rejection review or objection. If there are relevant procedures, an application shall be submitted to the Trademark Review and Adjudication Board after the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect. If you apply to declare an internationally registered trademark invalid in accordance with Article 45, Paragraph 1 of the Trademark Law, you must file an application with the Trademark Review and Adjudication Board within 5 years from the expiration date of the rejection period for the international registration application; If the relevant procedures for review or objection are rejected, an application must be submitted to the Trademark Review and Adjudication Board within 5 years from the effective date of the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board. For cases registered in bad faith, the owner of a well-known trademark is not subject to the 5-year time limit. Article 52 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to reject a trademark registration application, it shall review the Trademark Office's decision to reject the decision and the facts, reasons, and requests of the applicant for review, as well as the factual status at the time of review. The Trademark Review and Adjudication Board heard a review case that was dissatisfied with the Trademark Office's decision to reject a trademark registration application and found that the trademark applied for registration violated the provisions of Articles 10, 11, 12 and 16, Paragraph 1 of the Trademark Law. If the Bureau has not made a decision to reject the application in accordance with the above provisions, it may make a review decision to reject the application in accordance with the above provisions. The Trademark Review and Adjudication Board shall listen to the applicant's opinions before making a review decision. Article 53 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office’s decision not to grant registration, it shall review the Trademark Office’s decision not to grant registration, the facts, reasons, and requests of the applicant for review, as well as the opinions raised by the original opponent. When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to deny registration, it shall notify the original opponent to participate and provide opinions. If the original opponent's opinions have a substantial impact on the outcome of the case trial, they can be used as the basis for the review; if the original opponent does not participate or provide opinions, it will not affect the trial of the case. Article 55 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office’s decision to declare a registered trademark invalid in accordance with Article 44, Paragraph 1 of the Trademark Law, it shall focus on the Trademark Office’s decision and the facts and reasons for the applicant’s application for review. Request a hearing.
Article 56 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to cancel or maintain a registered trademark in accordance with Article 49 of the Trademark Law, it shall focus on the Trademark Office's decision to cancel or maintain a registered trademark and the basis for the party's application for review. The facts, reasons and requests will be heard. Article 57 To apply for trademark review, an application form shall be submitted to the Trademark Review and Adjudication Board, and a corresponding number of copies shall be submitted according to the number of counterparties; if an application for review is based on the Trademark Office’s decision, the Trademark Office’s decision shall also be attached. copy. After the Trademark Review and Adjudication Board receives the application, it will accept it after examination and finds that it meets the acceptance conditions; if it does not meet the acceptance conditions, it will not accept it and notify the applicant in writing and explain the reasons; if it needs to be supplemented or corrected, it will notify the applicant that it will start from the date of receipt of the notification. Make corrections within 30 days. If the application still does not comply with the regulations after making corrections, the Trademark Review and Adjudication Board shall not accept the application and notify the applicant in writing and explain the reasons; if no corrections are made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing. After the Trademark Review and Adjudication Board accepts a trademark review application and finds that it does not meet the acceptance conditions, it will reject it and notify the applicant in writing and explain the reasons.