Legal analysis: (1) Where a request for re-examination is filed with the Patent Reexamination Board, the request for re-examination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached if necessary. (2) The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department of the State Council for examination. (3) After reexamination, if the Patent Reexamination Board considers that the reexamination request does not conform to the provisions of the Patent Law and its detailed rules for implementation, it shall notify the petitioner and ask him to state his opinions within a specified time limit.

Legal basis: Article 35 of the Trademark Law of People's Republic of China (PRC) raises an objection to a trademark that has been preliminarily approved and announced. The Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party. In the process of reexamination in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.