Trademark

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Rejection Review

1、Introduction

    Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify 'the applicant in writing.

 

2、Requied documents

    (1) Review form, with the company seal or the signature;

    (2) Power of attorney, with the company seal or the signature (No legalization or notarization is required);

    (3) Copy of Business certificate or the identity certificate, with the company seal or the signature;

    (4) Original refusal notice.

 

3、Procedure

    (1) Filing review appliocation

    Official filing notice will be issued by CTMO within one month after formality examination.

     Upon receiving the application, the Trademark Review and Adjudication Board shall, upon examination, accept it if the requirements for acceptance are satisfied; if the requirements for acceptance are not satisfied, it shall not accept the application, and shall notify the applicant in writing and give the reasons therefor. If the application needs to be supplemented or corrected, the applicant shall be notified to make supplements or corrections within 30 days from the date of receipt of the notification. If, after being supplemented or corrected, the application still does not conform to the provisions, the Trademark Review and Adjudication Board shall refuse it, and notify the applicant in writing and give the reasons therefor; if no supplements or corrections are made at the expiry of the specified time limit, the application shall be considered withdrawn and the Trademark Review and Adjudication Board shall notify the applicant in writing.
     (2) Official decision. Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board may, within thirty days from receipt of the notice, institute legal proceedings in the People's Court.
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