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What is the difference between the administrative reconsideration decision made by the Trademark Review and Adjudication Board and the administrative ruling?

Trademark review means that a trademark registration applicant or opponent is dissatisfied with the Trademark Office’s decision to reject a trademark registration application, cancel a registered trademark, or the Trademark Office’s ruling on relevant trademark objections and apply for review in accordance with the law. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce conducts another review and makes a review decision.

The trademark review system is an important part of the trademark legal system. In accordance with the provisions of the "Trademark Law" and its implementation regulations, the trademark review cases handled by the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce include the following aspects: The content of the case: (1) A case of dissatisfaction with the decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject a trademark registration application, and an application for review in accordance with Article 32 of the Trademark Law; (2) A case of dissatisfaction with the objection ruling of the Trademark Office , a case of applying for review in accordance with Article 33 of the Trademark Law; (3) a case of requesting a ruling to cancel a registered trademark in accordance with Article 41 of the Trademark Law; (4) dissatisfaction with the Trademark Office’s decision to cancel a registered trademark , a case of applying for review in accordance with Article 49 of the Trademark Law.

Trademark review is a system of re-examination of administrative rulings on trademark disputes by administrative agencies specially established by the state. It is basically the same in nature as administrative review, except that it changes the review application deadline and review agency. There are special provisions that the time limit for reexamination application is within 15 days from the date of receipt of the decision or ruling from the Trademark Office, and the reexamination agency is the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce. Therefore, parties who are dissatisfied with the trademark review decision cannot apply for administrative reconsideration and can only file an administrative lawsuit with the People's Court in accordance with the provisions of the current Trademark Law.

For example, when Yashen Company applied to register the "Weibai" trademark, the Trademark Office rejected the application on the grounds that the trademark was similar to a trademark registered by a German company on similar goods. Therefore, Yashen Company filed a reexamination application with the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board made a review decision and rejected Yashen Company’s application. Although Yashen Company can no longer apply for administrative review, it can, in accordance with the provisions of the Trademark Law, file an administrative lawsuit with the People's Court within 30 days from the date of receipt of the review decision, requesting the court to conduct a judicial review of the trademark review decision.

1. The subject of administrative adjudication is the administrative agency authorized by laws and regulations. Administrative adjudication is a specific administrative agency authorized by laws and regulations, not a judicial agency. However, not any administrative agency can be the subject of administrative adjudication. Only those administrative agencies that have the authority to manage specific administrative matters are expressly authorized by laws and regulations. , can it adjudicate civil disputes related to its management powers and become the subject of administrative adjudication. For example, the Trademark Law, Patent Law, Land Management Law, Forest Law, Food Safety Law, Drug Administration Law, etc. provide for infringement compensation disputes and ownership disputes, authorizing relevant administrative agencies to These disputes will be adjudicated. 2. Civil disputes subject to administrative adjudication are related to administrative management. The occurrence of civil disputes between the parties that are closely related to administrative management activities is the prerequisite for administrative adjudication. With the development of social economy and the expansion of government functions, administrative agencies have gained the power to adjudicate civil disputes. However, the adjudication of civil disputes by administrative agencies does not involve all civil fields. Only when the civil dispute is closely related to administrative management, the administrative agency will adjudicate the civil dispute to achieve the purpose of administrative management. 3. Administrative adjudication is an administrative act based on application. After a dispute occurs, both parties to the dispute may apply to a specific administrative agency for a ruling within the statutory time limit in accordance with the provisions of laws and regulations. Without the application behavior of the parties, the administrative agency cannot initiate the adjudication process on its own. Administrative adjudication

Administrative adjudication is quasi-judicial. Administrative adjudication is an activity in which administrative agencies exercise their adjudicatory power and has legal effect. When an administrative agency implements administrative adjudication, it arbitrates civil disputes as a third party, which is of a judicial nature. At the same time, it adjudicates disputes as an administrative agency, which is of an administrative nature. Therefore, administrative adjudication has both judicial and administrative nature, which is called quasi-judicial nature. 4. Administrative adjudication is a specific administrative act.

Administrative agencies make rulings on specific civil disputes in accordance with the authorization of laws and regulations, which are legal conclusions made ex officio on civil disputes that have occurred. This kind of administrative ruling has the basic characteristics of specific administrative actions. Disputes arising from an administrative counterpart's dissatisfaction with an administrative ruling are administrative disputes. In this regard, except for cases involving statutory final rulings, the parties may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.