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Trademark Law of the People's Republic of China (2001)

( Adopted at the 24th Session of the Standing Committee of
the Fifth National People 's Congress on August 23, 1982, as amended according to
the "Decision on the Revision of the Trademark Law of the People's Republic of China"
adopted at the 30th Session of the Standing Committee
of the Seventh National People's Congress on February 22, 1993, and
the "Decision on the Revision of the Trademark Law of
the People's Republic of China" adopted at the 24th Session of
the Standing Committee of the Ninth National People's' Congress on October 27 2001 )
 

Adjudication of Disputes Concerning Registered Trademarks

Article 41.   Where a registered trademark stands in violation of the provisions of Article 10, 11 or 12 of this Law, or the registration of a trademark has been acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark; any other organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.

Where a registered trademark stands in violation of the provisions of Article 13, 15, 16 or 31 of this Law, the owner of the trademark or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to cancel the registered trademark. Where the registration has been made in bad faith, the owner of a well-known trademark shall not be bound by the five-year time limit.

In addition to the situations as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of registration, apply to the Trademark Review and Adjudication Board for adjudication.

The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.

Article 42.   Where, before registration, a trademark has been the subject of an opposition that has been decided, no application for adjudication based on the same facts and grounds may be filed.

Article 43.   After the Trademark Review and Adjudication Board makes an adjudication either to maintain or cancel a registered trademark, it shall notify the interested parties of the same in writing.

Where any party is dissatisfied with the adjudication of the Trademark Review and Adjudication Board, he may, within thirty days from receipt of the notification, institute legal proceedings with the people's court. The people's court shall notify the other party to the adjudication proceedings to participate in the legal proceedings as the third party.