Guide to Trademark Registration and Protection in China (13) - Dispute

General Information

Where a registrant of a prior registered trademark is dissatisfied with the registration of a identical/similar trademark on identical/similar goods/services and the grant of said later registration has not yet exceeded one year, it may file a request with the Trademark Review and Adjudication Board for a dispute adjudication to oppose the acquirement of the exclusive right of the trademark.

After receiving a copy of the "Application for Trademark Dispute" as well as the relevant documents dispatched by the Trademark Review and Adjudication Board, the disputed party should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Board will go on unhindered. The Trademark Review and Adjudication Board will make a final decision with regard to the dispute of registered trademark.

Conditions for requesting adjudication of dispute of a registered trademark are as follows:
1. The applicant raising the dispute against the registered trademark should be a registrant of a registered trademark.
2. The applicant's trademark should be filed prior to the filing date of the disputed trademark.
3. Ground of the dispute can only be the relative ground.

Requirements on Entrusting an Application for Disputing a Trademark

1) Instruction letter:
i. Stating the name and address of the applicant, preferably with Chinese versions.
ii. the registration number of the disputed trademark and the disputing trademark registration.
2) Power of Attorney, executed by the applicant,
3) Reasons and evidential materials.