Types and vectors of cases of the trademark review and adjudication

14:05, September 01, 2009        

1. Types of cases of the trademark review and adjudicationUnder the relevant regulations of the Trademark Law of the People's Republic of China and Rules for the Implementation of the Trademark Law thereof, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce shall be responsible for handling the following cases of trademark dispute:

  1.1. The review that the party dissatisfy with the Trademark Office's refusal of application of trademark registration;

  1.2. The review that the party dissatisfy with the Trademark Office's opposition adjudication;

  1.3. The review that the party dissatisfy with the Trademark Office's refusal of application of registered trademark assignment;

  1.4. The review that the party dissatisfy with the Trademark Office's cancellation of registered trademark;

  1.5. The review that the party dissatisfy with the Trademark Office's cancellation of improperly registered trademark;

  1.6. The owner of the trademark which was first filed files disputed application about the registered trademark;

  1.7 All units and individuals file reversible application about improperly registered trademark;

  2 Vectors and basic requests for trademark review and adjudication

  The domestic applicant who files appraisal application may, entrust a trademark agency authorized by the State Administration for Industry and Commerce to act as its or his agency or, handle the matters directly.

  Any foreigner or foreign enterprise intending to apply for matters concerning a trademark review and adjudication shall entrust any of such organizations as designated by the State Administration for Industry and Commerce to act as his or its agency.

  Where any party concerned entrusts a trademark agency to apply for trademark review and adjudication, a power of attorney shall be sent to the trademark agency. The power of attorney shall specify the content and scope of powers of the agency, the power of attorney of foreigner or foreign enterprise shall specify nationality of the applicant.

  Any foreigner or foreign enterprise intending to apply or join a trademark review and adjudication shall use Chinese. Procedures of notarization and authentication for power of attorney and relevant certificates shall be completed in light of the principle of reciprocity. Chinese translations shall be attached to the application form filled out and related papers written in foreign languages.

  Source: IPR in China

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Clothing made in China register trademarks abroad and become international brands. And then the price soars. What do you think?
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