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Rules for Trademark Review and Adjudication (2002)

( Revised on 17 September 2002 by the State Administration for Industry and Commerce )

Application and Acceptance

Article 16.   Applications for trademark review and adjudication shall conform to the requirements as follows:

(1) The applicants must be lawfully qualified subjects;

(2) The applications are filed within the statutory time limit;

(3) The applications fall within the scope of review and adjudication by the Trademark Review and Adjudication Board;

(4) Applications and the relevant proofs that conform to the requirement are submitted according to law;

(5) There are specific requests, factual bases and grounds for the review and adjudication; and

(6) The review and adjudication fees are paid according to law.

Article 17.   To apply for trademark review and adjudication, one shall file an Application with the Trademark Review and Adjudication Board. If there is (are) a respondent/respondents, the applicant shall file as many copies of the Application as there are respondents. To apply for reexamination in respect of a decision or adjudication made by the Trademark Office, one shall also submit the Decision or Adjudication made by the Trademark Office along with the Application.

Article 18.   Following information shall be indicated in the Application:

(1) The name, address and postal code of the applicant; if the applicant is a legal entity or other organisation, the name and position of its legal representative or leading person;

(2) The title, application number or preliminary examination number, registration number of the trademark at issue and the issue number of the Trademark Gazette publishing the trademark;

(3) Specific request for the review and adjudication, and the facts, grounds and legal bases for the request; and (5) The name and telephone number of the person to be contacted.

Where the respondent(s) is (are) indicated in the review and adjudication application, the name and address thereof shall be indicated. Where a trademark agency is appointed to attend to the matter of the trademark review and adjudication, the name, address, postal code and telephone number thereof shall also be indicated.

Article 19.   The Trademark Review and Adjudication Board shall not accept trademark review and adjudication applications that do not conform to any one of the requirements of Rule 16 (1), (2) and (3) of these Rules, notify the applicants in writing and explain the reason.

Article 20.   Where a trademark review and adjudication application that does not conform to any one of the requirements of Rule 16 (4), (5) and (6) of these Rules or where the relevant certificates or proofs are not submitted according to the Implementing Regulations and these Rules, the Trademark Review and Adjudication Board shall notify the applicant to make rectification and require him to comply within 30 days from the date of receipt of the notification on rectification. The Trademark Review and Adjudication Board shall not accept any application that remain contrary to the requirements upon rectification, notify the applicant in writing and explain the reason. Where the rectification is not made at the expiration of the time limit, the review and adjudication application shall be deemed to have been withdrawn by the applicant according to the provision of Article 30 of the Implementing Regulations, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

Article 21.   Where a trademark review and adjudication application conforms to the requirement of acceptance, the Trademark Review and Adjudication Board shall issue to the applicant the Acceptance Notification within thirty days.

Article 22.   In any one of the following circumstances, trademark review and adjudication applications accepted by the Trademark Review and Adjudication Board are ones that fail to conform to the requirements of acceptance, and shall be rejected according to Article 30 of the Implementing Regulations:

(1) they are contrary to the provision of Article 42 of the Trademark Law in that applications for adjudication are filed on the basis of the same facts and grounds in respect of the trademarks to which opposition was raised and on which adjudication was made before they were approved for registration;

(2) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect of trademarks to which opposition was raised and on which adjudication was made after the applicant withdrew the trademark review and adjudication applications;

(3) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect to the adjudication or decision made by the Trademark Review and Adjudication Board; or

(4) any other circumstances under which the applications shall not be accepted.

The Trademark Review and Adjudication Board, when rejecting a trademark review and adjudication application, shall notify the applicant in writing, and explain the reason.

Article 23.   The applicant who needs to supplement relevant proofs after filing the review and adjudication applications shall make a statement in the Application and submit the same number of copies of the proofs as that of the Application within three months from the date of filing. Where the applicant does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Article 24.   Where there is/are a respondent/respondents indicated in the Review and Adjudication Application, the Trademark Review and Adjudication Board, upon acceptance, shall forward the copies of the Application and the relevant proofs thereto in a timely manner, and require him/them to submit the Reply to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the copy of the Application, and submit the same number of copies thereof as that of the applicants. Failure to submit the Reply shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Article 25.   The respondent who needs to supplement relevant proofs after he makes a Reply shall make a statement in the Reply and submit the same number of copies of the proofs as that of the Reply within three months from the date of submitting the Reply. Where the respondent does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Article 26.   After receipt of the Reply and the relevant proofs from the respondent, the Trademark Review and Adjudication Board shall forward the copies of the Reply and the relevant proofs to the applicant in a timely manner.

The applicant who has evidence contrary to the Reply and the relevant proofs shall submit all the evidence to the Trademark Review and Adjudication Board within thirty days from the date of the receipt of the Reply and the relevant proofs.

Article 27.   The applicant, when filing an Application or respondent, when filing a Reply, shall, meanwhile, submit valid certificates capable of proving his identification. The name of the applicant or the respondent shall be consistent with that indicated in the certificates submitted. Where there is a change in the name or address of an interested party, relevant proofs to this effect shall be submitted.

Article 28.   The interested party shall categorize, number and list each proof he submits, briefly explain the source thereof and specific facts of the evidence, and sign and seal them. The Trademark Review and Adjudication Board, after receiving the proofs submitted by an interested party, shall check the proofs according to the list thereof, and the staff member receiving the proofs shall sign his name thereon and indicate the date of submission.

Article 29.   The Trademark Review and Adjudication Application and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the applicant to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Application and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall be governed by Rule 20, paragraph two, of these Rules.

The Trademark Review and Adjudication Reply and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the respondent to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Reply and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall not affect the review and adjudication by the Trademark Review and Adjudication Board.