1、Introduction

    Article 41 Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Ad judication Board to make an adjudication to cancel such a registered trademark.

    Where a registered trademark stands in violation of the provisions of Articles l3, l5, l6 and 3l of this Law, any other trademark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a request with the Trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.

    In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.

 

2、Requied documents

    (1) Application 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;

 

3、Procedure

    (1) Filing appliocation

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

    (2) 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.

    (3) The Trademark Review and Adjudication Board shall, upon the acceptance of the application for trademark review and adjudication, send in time the copy of the application to the other party, who shall be required to make a response within 30 days from the date of receipt of such copy. If no response is made at the expiry of the time limit, it shall not affect the Trademark Review and Adjudication Board’s  review and adjudication.

    (4) Decision made by the Trademark Review and Adjudication Board