Guide to Trademark Registration and Protection in China (10) - Review Procedure in the Trademark Review and Adjudication Board

General Information

The Trademark Review and Adjudication Board of the State Administration of Industry and Commerce (for short: Trademark Review and Adjudication Board) is an administrative organ of the State Administration of Industry and Commerce set to be in charge of trademark review, and carries out the final adjudication right with regard to trademark review matters.

The following types of review cases are accepted by the Trademark and Adjudication Board:
1) Review on refusal by the Trademark Office against a trademark registration application.
2) Review on decision by the Trademark Office with regard to trademark opposition.
3) Review on refusal of the Trademark Office against a trademark assignment application.
4) Review on refusal by the Trademark Office against a trademark renewal application.
5) Review on cancellation by the Trademark Office of the registered trademark.
6) Review on cancellation by the Trademark Office of the registered trademark due to improper registration.

If not satisfied with the "Notification of Refusal" or the "Decision on Opposition of Trademark" or the "Decision on Cancellation of Trademark" issued by the Chinese Trademark Office, the interested party may, within 15 days from receipt of the notification, apply for a review.

For a review of a refusal of trademark registration application or a trademark opposition, the Trademark Review and Adjudication Board shall make a final decision and notify the interesting party in writing. Where a trademark is, according to the final decision, preliminarily approved, it shall be transferred back to the Trademark Office for further procedures.

For the other reviews, the Trademark Review and Adjudication Board shall make a final decision to maintain or not to maintain the registered trademark, and notify the interested party in writing.

Requirements on entrusting us to proceed with the Review

1) Power of Attorney: executed by the applicant
2) Reasons and relevant evidential materials.