Trademark

TRAB receives review applications filed based on Articles 32, 33 and 49 of the Chinese Trademark Law:
  Review applications filed based on Article 32 against rejection of trademark registration applications made by the Trademark Office.
  Review applications filed based on Article 33 against opposition decisions made by the Trademark Office.
  Review applications filed based on Article 49 against cancellations of trademark registrations made by the Trademark Office.

  An applicant can file a review application at TRAB within 15 days upon receipt of rejection notice, opposition decision or cancellation decision. TRAB will review and adjudicate the case, made the decision and notify the applicant in written. If the applicant is not satisfied with the decision of TRAB, it/he can file a lawsuit at the People's Court within 30 days upon receipt of the decision from TRAB.

Requirements on filing a review application:
  1) the original rejection notice, opposition decision or cancellation decision from the Chinese Trademark Office;
  2) information of the trademark application or registration involved;
  3) name and address of the applicant in both English and Chinese;
  4) reasons and evidence materials;
  5) one Power of Attorney signed by the applicant (company chop needed for Chinese entity applicant).

Requirements for review on refusal regarding a Madrid International Trademark Registration
  1) information of the international registration;
  2) a copy of WIPO's cover letter for forwarding the Notice on Refusal;
  3) a copy of the Notice of Refusal from the Chinese Trademark Office;
  4) reasons and relevant evidential materials;
  5) one Power of Attorney signed by the applicant.
  (The period for request review is 30 days from the delivery date listed on WIPO's cover letter forwarding the refusal notice).

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