Article 49 If the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision. , and notify the applicant in writing.
If the party concerned is dissatisfied with the decision 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.
Interpretation This article provides for review and judicial review of decisions to cancel registered trademarks.
Trademark right is an important civil right. To cancel a registered trademark is to deprive you of this right and eliminate the exclusive right to use the trademark. Since the consequences of canceling a registered trademark will directly affect the rights and interests of the trademark registrant, caution must be taken. In order to safeguard the legitimate rights of trademark registrants and strengthen supervision over decisions to cancel registered trademarks, my country’s Trademark Law has established a review and judicial review system for decisions to cancel registered trademarks.
The first paragraph of this article stipulates the review system for the decision to cancel a registered trademark. The so-called trademark reexamination refers to the legal process in which the Trademark Review and Adjudication Board, upon the request of the parties concerned, reviews and evaluates the decision of the Trademark Office on the confirmation or cancellation of trademark rights in accordance with the law, and makes a reexamination decision. Trademark review plays an important role in trademark review activities. The trademark law provides for trademark review, which is conducive to trademark review, management and protection of trademark exclusive rights, and helps parties to fully assert their rights through strict legal procedures. The review of the cancellation of a registered trademark is an important part of the trademark review.
Specifically, if a party is dissatisfied with the decision of the Trademark Office to cancel its registered trademark, it may submit a trademark review application for cancellation to the trademark review within fifteen days from the date of receipt of the decision notice. The committee applied for review. The Trademark Review and Adjudication Board shall conduct review and evaluation in accordance with the provisions of this Law based on the reasons why the trademark registrant of a canceled registered trademark applies for reexamination, make a reexamination decision, and notify the applicant in writing to conclude the reexamination process.
The judicial review system for the decision to cancel a registered trademark stipulated in the second paragraph of this article is a newly added content in this revision of the Trademark Law. The so-called judicial review of the decision to cancel a registered trademark refers to a legal system in which the judicial authority ultimately determines whether the exclusive right to use a trademark shall exist or not. According to the provisions of this paragraph, if the party concerned is dissatisfied with the decision 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 above-mentioned supplementary amendments to the Trademark Law are mainly to improve my country's trademark protection system and adapt to the needs of joining the World Trade Organization. According to Article 62 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization, final administrative decisions made in procedures for obtaining and maintaining intellectual property rights are subject to review by judicial or quasi-judicial authorities. In order to meet the needs of joining the World Trade Organization, my country has made a commitment to fully implement the intellectual property agreement when it officially joins the World Trade Organization. Therefore, it is necessary to add provisions related to judicial review in the trademark law. The establishment of this system is conducive to strengthening judicial supervision of administration, allowing parties to fully assert their rights through strict judicial procedures and obtain sufficient judicial relief, thereby effectively protecting the legal rights of parties and ensuring the accuracy of trademark rights confirmation. impartiality.
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