1、Introduction

    The Trademark Review and Adjudication Board may, at the request of a party or on the basis of the practical needs, decide to review and adjudicate an application for review and adjudication in public session.
     Where the Trademark Review and Adjudication Board decides to review and adjudicate the application for review and adjudication in public session, it shall notify in writing the parties 15 days before the public review and adjudication, informing them of the date, venue and persons conducting the public review and adjudication. The parties shall make a response within the time limit specified in the written notice.

 

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 opposition adjudication.

 

3、Procedure

    (1) Filing review appliocation

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

    Where a party needs to supplement related evidence after filing an application of opposition or making a response, it shall make a statement for this purpose in the application or in the response made in writing, and submit the said evidence within three months from the date on which the application is filed or the response is made in writing; if no evidence is submitted at the expiry of the time limit, the party shall be considered given up the supplementing of related evidence.

    (2)Examination

    Where an opposition is filed against a trademark which has been preliminarily approved and published by the Trademark Office, the opponent shall submit in duplicate an Application for Trademark Opposition to the Trademark Office. The Application for Trademark Opposition shall specify both the issue number of the Trademark Gazette in which the opposed trademark is published and the number of the preliminary approval. The Application for Trademark Opposition shall state the requests and grounds in plain terms, and the relevant evidence shall be attached thereto.

    The Trademark Office shall promptly send a copy of the Application for Trademark Opposition to the opposed party, who shall be requested to make a response within 30 days from the date of receipt of the copy of the Application for Trademark Opposition. If the opposed party fails to make a response, it shall not affect the Trademark Office’s ruling of the opposition.

      (3)Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board within thirty days from the date of receipt of the notice, may institute legal proceedings in the People's Court. The People's Court shall notify the other party to the trademark reexamination proceeding to be a third party to the litigation.