Current location - Trademark Inquiry Complete Network - Trademark registration - Patent reexamination process, how to apply for successful trademark opposition
Patent reexamination process, how to apply for successful trademark opposition

(1) When requesting reexamination to the Patent Reexamination Board, a request for reexamination shall be submitted, stating the reasons, and attaching relevant evidence if necessary. (2) The Patent Reexamination Board shall transfer the accepted reexamination request to the original examination department of the Patent Administration Department of the State Council for review. (3) After the Patent Reexamination Board conducts a reexamination, if it considers that the reexamination request is not in compliance with the Patent Law and its implementing regulations, it shall notify the reexamination requester and require him to state his opinions within a specified period, etc. Legal basis: "Trademark Law of the People's Republic of China" Article 35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party 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 people's court shall notify the opponent to participate in the litigation as a third party. During the review process in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the review if the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. After the reasons for the suspension are eliminated, the review process should be resumed.