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Trademark dispute adjudication

The Trademark Review and Adjudication Board is an organization independent of the Trademark Office and an integral part of the State Administration for Industry and Commerce. The establishment of this agency has played a role in mutual restraint and cooperation between law enforcement agencies. The purpose is to ensure that trademark review and registration procedures are carried out in accordance with legal provisions and to protect the legitimate rights and interests of relevant parties. What is trademark dispute adjudication? Trademark dispute adjudication is one of the main powers of the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall independently exercise the final right of adjudication on trademark dispute review cases it accepts, without interference from administrative agencies, social groups or any individual. Adhere to facts as the basis and the law as the criterion, fully listen to the facts and reasons stated by the parties, ensure that the parties can equally exercise the rights granted by the law, focus on investigation and research, and make rulings strictly in accordance with the law. There are generally two outcomes of the Trademark Review and Adjudication Board’s final ruling on trademark disputes: First, the reasons and facts put forward by the disputant cannot be established, and the registration of the disputed trademark is maintained; second, the reasons and facts put forward by the disputant are established, and the registration of the disputed trademark is revoked. Disputed trademark registrations. However, in actual work, the third result may also occur, that is, the disputed trademark is partially maintained. In this case, the trademarks registered by both parties to the dispute are identical or similar, but the goods for which the disputed trademark is approved are wider than the goods for which the disputer's trademark is approved. Some of the goods approved for use by the disputed trademark are not similar to the goods approved for use by the disputer's trademark. As a result, the Trademark Review and Adjudication Board decided to cancel the trademarks on some similar goods and protect the trademark registrations on non-similar goods. Article 42 of the Trademark Law of the People's Republic of China stipulates that for a trademark that has been opposed and adjudicated before registration is approved, no application for adjudication will be made based on the same facts and reasons. ?. ?An objection has been raised and adjudicated before the registration is approved? This refers to the stage of the objection procedure (that is, before the registration is approved), including the two steps of objection and objection review. The ruling also includes the Trademark Office’s opposition ruling and the Trademark Review and Adjudication Board’s final ruling on opposition review. ?Same facts and reasons? refers to the same facts and the same reasons. The Trademark Review and Adjudication Board's refusal to accept a case in which the ruling in the opposition procedure has taken effect and the case has not been developed is in line with legal principles and is conducive to maintaining the seriousness of the law, because the facts and reasons based on the opposition ruling have been The statement, defense, investigation and research and identification in the form of an objection ruling or an objection review final ruling have become legally effective. If accepted again, they will lose their legal seriousness and mandatory binding force. At the same time, the same facts and reasons will Repeated rulings are meaningless and cause a waste of manpower, material and financial resources. Article 43 of the Trademark Law of the People's Republic of China shall notify the relevant parties in writing after the Trademark Review and Adjudication Board makes a ruling to maintain or cancel a registered trademark. If the party concerned is dissatisfied with the ruling 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. You can click to download the trademark dispute adjudication application form, and then contact Bajie to help you appeal. The people's court should notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.