Trademark Review Rules
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Chapter I General Provisions
Article 1 In accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the
the Implementation Regulations of the Marking System (hereinafter referred to as the Implementation Regulations)
Article 2 In accordance with the provisions of the Trademark Law and its Implementing Regulations, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce
The Trademark Review Board is responsible for handling
(1) Not satisfied with the decision of the State Administration for Industry and Commerce Trademark Office (hereinafter referred to as the Trademark Office) to reject the trademark registration application;
Yes, in accordance with Article 32 of the Trademark Law.
(II) If you are not satisfied with the ruling of the Trademark Office, you may apply for a review in accordance with Article 33 of the Trademark Law.
(III) For trademarks that have been registered, a request for revocation is made in accordance with Article 41 of the Trademark Law.
(iv) Not satisfied with the decision of the Trademark Office under Article 41, paragraphs 1, 44, and 45 of the Trademark Law
Make a decision to cancel or maintain the registered trademark, in accordance with Article 49 of the Trademark Law
Article 3 The parties to a trademark dispute case shall participate in the review activities in the form of a written document.
Article 4 The Trademark Review and Adjudication Board shall conduct a written trial of trademark disputes, but in accordance with Article 30 of the Implementing Regulations,
Three regulations decided to be made public
Article 5 The decisions and awards made by the Trademark Review and Adjudication Board in accordance with the Trademark Law, the Implementing Regulations and these Rules shall be
Notify the relevant parties in writing
Article 6 Except as otherwise provided in these rules, the Trademark Review and Adjudication Board shall hear disputes over trademarks in accordance with the system of panel decision.
组成的 trademark examination personnel
The panel hears the case and implements the principle of minority submission to the majority.
Article 7 The parties or interested parties may apply for the recusal of the trademark examination personnel in accordance with Article 9 of the Implementing Regulations.
of, should be in writing
Article 8 During the trademark review, the parties have the right to dispose of their trademark rights and matters related to the trademark review in accordance with the law.
Rights. Subject to the public interest of society and the rights of third parties, the parties may negotiate and reach an agreement in writing.
Agreement and reconciliation, business
Article 9 The parties to a collective trademark shall elect one person as their representative to participate in the trademark review proceedings; if no representative is elected,
The representative person, who is the first person in the order specified in the trademark registration application or the trademark register. The representative person
The act of participating in the review is effective for the party it represents, but the change of the representative, the abandonment of the review request, or the admission
It is provided that this rule is made.
The following trademark review cases:
Applications for review of decisions;
of the case;
of the case;
cases stipulated for appeal.
Handle in a formal manner.
Except for the case of review.
Person, and explain the reasons.
The panel conducts the trial.
Then.
Reason and explain the reasons.
The standard review committee can also mediate.
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The other party involved
Article 10 Foreigners or foreign enterprises shall have their habitual residence or business premises in China to handle trademark review affairs.
Yes, it can be entrusted to an organization with trademark agency qualifications recognized by the state, or it can be handled directly; in China, there is no
经常居所 or business premises, should entrust the national
If the scope of agency changes, the agency relationship is terminated, or the agent is changed, the principal or the agent shall promptly
Written notice of trademark
Article 11 The parties and their agents may apply to inspect the relevant materials of this case.
Chapter II Application and Acceptance
Article 12 Applications for trademark review shall meet the following conditions
(1) The applicant must have a legal subject qualification.
(II) File within the legal time limit
(iii) The scope of review by the Trademark Review Committee
(iv) Submit an application in accordance with the law and relevant evidence.
(5) There is a clear request for review, factual basis and reasons.
(six) Pay the review fee according to the law
Article 13 An application for a trademark review shall be submitted to the Trademark Review Board together with an application form; where there is a respondent, the form shall be submitted.
Submit corresponding copies according to the number of respondents; if the trademark of the applicant has been transferred or assigned, it has been submitted to the Trademark Office,
Applications that have been submitted but not yet approved should be accompanied by the corresponding supporting documents; decisions of the Trademark Office.
or the decision of the review is applied for
Article 14 The application should state the following matters
(1) The name, address, communication address, contact person and contact phone number of the applicant. The review application is subject to the application.
The name and address of the person applying for the trademark should be stated. If the trademark is entrusted to an agency for handling, the name and address of the agency should also be stated.
The name of the trademark agency organization shall be stated.
(II) The disputed trademark and its application number or the number of the preliminary examination, the registration number and the number of the trademark published in the "Trademarks Bulletin".
Review requests must be authorized in writing by the party being represented.
Home-recognized organizations with trademark agency qualifications act as agents.
Review Committee.
Materials.
Conditions:
;
;
Enclosure;
Materials;
by;
.
, and at the same time, the decision or ruling of the Trademark Office should be attached.
Item:
Name, communication address, contact person and contact phone number;
of the
Issue number;
(III) A clear request for review and the facts, reasons, and legal basis upon which it is made.
Article 12 paragraphs (1), (2), (3) stipulated conditions
First, the Trademark Review Board shall not accept the application and shall notify the applicant in writing, stating the reasons.
Article 15 The trademark review application does not conform to these rules
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Article 16 The trademark review application does not meet the conditions stipulated in items (4), (5) and (6) of Article 12 of these rules.
First, or if the relevant documents are not submitted in accordance with the implementing regulations and these rules, the Trademark Review Board shall notify
The applicant shall issue a notice of correction, limiting it to within 30 days from the date of receipt of the notice of correction.
Where the time limit for the reply has expired without a supplement, it is deemed that the applicant has withdrawn the review application, and the trademark review
Article 17 If the application for trademark review is found to meet the conditions for acceptance after examination, the Trademark Review Board shall notify the applicant within 30 days.
Article 18 The trademark review application that the Trademark Review Committee has accepted, any of the following circumstances shall be deemed not to
(1) Contrary to Article 42 of the Trademark Law, a trademark for which an objection has been filed before the approval and registration and has been ruled on;
(II) Violation of Article 35 of the Implementing Regulations, where the applicant withdraws the trademark review application and then re-applies with the same grounds;
(III) Violation of Article 35 of the Implementing Regulations, resulting in a decision or ruling by the Trademark Review and Adjudication Board that has already been made.
Review the application;
After, the application form should be timely
The original and relevant evidence materials shall be served on the respondent, who is required to submit a response to the Trademark Review Board within 30 days from the date of receipt of a copy of the application.
Or, if additional evidence materials are submitted after the defense, it shall be submitted with the application
It is stated in the book or defense book, and submitted within 3 months from the date of submission of the application book or defense book.
The Trademark Review Board shall, for the evidence materials provided by the parties within the legal time limit, with the consent of the other party,
Article 21 The applicant shall submit the application or the respondent shall submit the reply together with the evidence that can prove
If the name or address of the party changes, corresponding proof documents should be provided.
Article 22 The parties shall number and make a catalog of the evidence materials they submit one by one, and make a catalog list of the evidence.
If the application is still not in compliance with the regulations after the necessary corrections have been made, the Trademark Review and Adjudication Board will not accept the application, and the applicant will be notified in writing with an explanation of the reasons.
The committee shall give the applicant written notice.
The applicant issues the "Notice of Acceptance".
In accordance with the conditions for acceptance, it should be rejected in accordance with Article 30 of the Implementing Regulations:
再次 apply the same facts and reasons for a ruling;
The actual and reasons for re-applying for the review;
Ok, to re-raise the review with the same facts and reasons
(iv) Other situations that do not meet the conditions for acceptance.
The Trademark Review Board shall reject the trademark review application, and shall notify the applicant in writing and state the reasons.
Article 19 If the application for review is made by the applicant, the Trademark Review Board shall accept it.
The committee submits the reply and copies corresponding to the number of applicants; failure to submit on time or submission after the deadline
of, is considered to give up the defense.
Article 20 The parties need to submit a review application
or the same number of copies of evidence materials as the application or reply; those not stated or submitted within the time limit in the application or reply shall be deemed to be abandoned
Abandon the supplement of relevant evidence materials. However, evidence formed based on new facts after the expiration date or indeed with other legitimate reasons
Except.
The evidence materials are sent to the adverse party, who is limited to raising objections within the specified period.
proof of identity. The name of the applicant or the respondent shall be consistent with the documents submitted.
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According to the source of the material, the proof of the具
After the Trademark Review Board receives the evidence materials submitted by the parties, it shall check the evidence materials according to the inventory list.
Signed for by the person in charge on the receipt, indicating the date of submission.
State the facts briefly and sign and seal.
Article 23 The application for trademark review and the relevant evidence materials shall be filled out and submitted in accordance with the prescribed format and requirements.
The books and related evidence materials shall be filled out and provided in accordance with the specified format and requirements. Those who do not comply with the regulations
The Trademark Review Board shall issue a notice of correction to the respondent, limiting it to the receipt of the correction notice, and the format and requirements shall be filled out and provided.
The cases should be heard by a panel. The panel
The Board of Review shall be composed of a single panel of three or more members. However, in the case of any of the following, the case may be heard by a panel of the Board of Review.
(1) The Trademark Office has made a decision to reject or an objection ruling has been cited, and the trademark cited has lost its exclusive right at the time of review; or
Lost its exclusive right;
(iv) The trademarks cited by the Trademark Office in its decision to reject, which were applied for or registered by others before the date of the application, had been approved for transfer at the time of the review.
(5) Other cases that can be heard by a single judge.
Article 26 The Trademark Review Board shall decide on the application for avoidance submitted by the parties within 7 days from the date of receipt of the application.
One appeal for reconsideration within the day. During the reconsideration, the trademark reviewer who is the subject of the motion to be disqualified
The staff shall not stop participating in the trial of this case. The Trademark Review Board shall make a decision on the reconsideration application within 3 days.
For. Not filled out and provided in the prescribed format and requirements, the Trademark Review Board issues a notice of correction to the applicant, limiting
It shall be corrected within 30 days from the date of receipt of the notice of correction. If it still does not conform to the regulations after correction or the correction is not made within the time limit, the applicable
The provisions of Article 16, paragraph 2 of these rules shall be applied.
Trademark Review Defense
Within 30 days from the date of this notice to make corrections. If the corrections are not made in accordance with the regulations or if the period for making corrections expires without any action, it does not affect the trademark review.
Committee review.
Chapter 3 Trial
Article 24 The Trademark Review Committee shall hear trademark review cases.
Single-person review:
prior rights;
(II) The trademark in question has
(iii) The trademark cited by the Trademark Office in its decision to reject the application shall belong to the applicant, as the applicant failed to handle the change in a timely manner.
The formalities were rejected by the Trademark Office, and the applicant had already applied to the Trademark Office to complete the change formalities during the review.
Let the applicant;
Article 25 When a party or a person with a stake relies on Article 9 of the Implementing Regulations and Article 7 of these Rules to make an application
The trademark review personnel who applies for avoidance shall be avoided by the trademark review personnel who is applied for avoidance, and the trademark review committee shall decide whether
The decision to avoid should be made before the work of the trial in this case is suspended.
The Trademark Review Board receives a motion for recusal from a party or interested party after making a decision or ruling.
The validity of the review decision and award is not affected. However, if there are indeed circumstances that require the reviewer to recuse themselves, the trademark review
The review committee should make a handling according to the law.
Make a decision in writing and notify the applicant in writing. The applicant may appeal against a decision not to refer the matter to the Trademark Review Board.
Not satisfied, may appeal within 3
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The decision is final and the applicant is notified in writing.
Article 27 The Trademark Review and Adjudication Board shall hear the appeal against the decision of the Trademark Office to refuse the registration of a trademark, except
The provisions of Article 10, Article 11, Article 12 and the first paragraph of Article 16 of the Trademark Law shall be applicable, except as otherwise provided.
The Trademark Review Board shall hear the opinions of the applicant before making a decision on the review of the trademark registration application in accordance with the provisions set forth in the preceding paragraph of this Article.
Article 28 The Trademark Review and Adjudication Board shall hear the appeal cases against the decisions of the Trademark Office to object to trademarks, and shall focus on the parties
Human review application
Article 29 The Trademark Review Board shall examine the request for the revocation of a registered trademark in accordance with Article 41 of the Trademark Law.
The case shall be reviewed in light of the facts, reasons and requests stated in the application and response of the parties.
Article 30 The Trademark Review Committee shall hear the case if the applicant is not satisfied with the trademark.
and request a review.
The Trademark Review Board hears appeals from trademark decisions.
The facts, reasons, and legal applicability are reviewed. However, based on the Trademark Act
When for trademarks
The appeal is examined for the reasons, grounds, and requests of the applicant for review and the state of facts at the time of the examination.
Please review the facts, reasons, and requests of the defense.
The Bureau shall make a decision in accordance with the first paragraph of Article 41 of the Trademark Law.
The review cases of the decision to cancel the registered trademark shall be based on the decision of the Trademark Office and the facts and reasons for the applicant's application for review.
The Trademark Office shall, in accordance with Article 44 and Article 45 of the Trademark Law, cancel the registration of the trademark.
Or the review case of maintaining the registered trademark decision, it shall be against the decision of the Trademark Office to cancel or maintain the registered trademark when
Application under Article 44, paragraph (iv)
The parties to the case that are subject to review need to supplement evidence, except when there is a legitimate reason.
Article 31 In the trademark review procedure, if the trademark right of the parties involved is transferred or assigned during the procedure, the assignee or
and bear the corresponding review
Post-trial consequences.
One of the following conditions applies, the review is terminated:
Abandon the right to review;
Agreement reached after mediation by the Review Committee;
The committee shall close the case, notify the relevant parties in writing, and state the reasons.
Record of the panel, signed by the members of the panel. The composition of the panel
If the members have different opinions, it shall be truthfully recorded in the minutes of the meeting.
After the trial is completed, the Trademark Review Board shall make a decision or ruling in accordance with the law.
Article 34 The decision and ruling documents made by the Trademark Review Committee shall include the following:
The heir shall timely declare in writing the assumption of the transferor's position and participate in the subsequent review procedure.
Article 32 There are the following
(1) The applicant has died or terminated and there is no heir or heir.
(II) The applicant withdraws the request for review;
(iii) The parties reach a settlement on their own or with the assistance of a trademark
(iv) Other situations that should terminate the review.
Termination of examination, Trademark Examination Commission
Article 33 The plenary shall prepare a record of the case.
(1) Review the facts and reasons of the request and dispute;
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(II) The facts, reasons, and legal basis determined or ruled by the decision or judgment;
(iii) The conclusion of the decision or judgment;
The decisions and awards made by the Commission, if the parties are not satisfied, may be brought before the People's Court.
the, should be copied or separately sent to the People's Court at the same time as the complaint is submitted or at the latest within 15 days.
Within 60 days from the date of the decision or ruling made, no appeal has been received from the People's Court or
If the parties to the case have any complaints or objections regarding the decision or ruling, it shall be deemed that the relevant parties have not complained to the court.
Article 36 The Trademark Review Committee may, at the request of the parties or in the actual interest, decide to review the application for review.
by.
In written form to the Trademark Review Board; if the respondent requests a public review, it shall be conducted
提交 a statement of defense or additional evidence materials to the Trademark Review Board at the same time.
Article 39 The specific procedures for public review shall be stipulated by the Trademark Review and Adjudication Board.
Chapter IV Rules of Evidence
Article 40 The parties shall be responsible for the facts on which they base their requests for review or the facts on which they rely to refute the other party's request for review.
Yes. There is no evidence or the evidence is insufficient to prove the party's claim.
The burden of proof is on the party who fails to prove it.
If one party clearly acknowledges the case facts stated by the other party, the other party does not need to provide evidence.
The party did not admit or deny, it is deemed to be承认 the fact.
Acknowledgment in fact.
The parties are present but for their代理人
Failure to deny is a confession.
(iv) the subsequent proceedings and time limits available to the parties;
(f) The date on which the decision or ruling was made.
The decision and the award are signed by the members of the panel and stamped with the seal of the Trademark Review Board.
Article 35 Review of the Trademark Review Commission
The trademark review committee shall be informed in writing.
Trademark Review Board
The decision, ruling is referred to the Trademark Office for execution.
Please conduct a public review.
Article 37 When a party requests a public hearing, it shall state the specific reasons why a public hearing is necessary.
Article 38 The applicant who requests a public hearing shall, from the date of receipt of a copy of the statement of defense of the respondent,
Within 15 days of the start
The facts in question are responsible for providing evidence to prove
Proof.
Facts stated by one party to a dispute, the other party
The admission of an agent entrusted by the party to participate in the review is deemed as the admission of the party, but the admission of an agent who has not been specially authorized
The admission of facts by the agent directly leads to the exception of承认 the other party's review request;
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Article 41 The following facts shall not be required to be proved by the parties:
(1) Matters of common knowledge;
(Two
(III) Facts that have been proven in accordance with the law;
(iv) Facts which may be inferred from the rules of daily life experience;
(5) Other facts that do not need to be proven according to the law.
) facts deemed in accordance with the law;
but the parties have相反evidence sufficient to overturn the exception.
Original, including the original and the official copy
Original and copy. In case of difficulty in providing the original, a corresponding copy, photo, or excerpt may be provided; provided by the relevant department
The parties shall provide the original evidence to the Trademark Review Board. If it is difficult to provide the original, the parties may provide a copy.
More species
of, provide a part of.
One party has doubts about the copies or photographs of documents, physical evidence, etc., submitted by the other party, and there is a corresponding
The parties in question, if necessary, shall provide or produce
Or a copy of the original document certified by the appropriate authority.
Article 43 The evidence provided by the parties to the Trademark Review Board shall be outside the territory of the People's Republic of China.
District formation, the other party has doubts about the authenticity of this evidence and has a corresponding
Where the evidence is supported, or the Trademark Review Board deems it necessary, the corresponding notarization and认证 shall be handled in accordance with the relevant provisions.
The parties involved did not submit a Chinese translation of the foreign language evidence, which is deemed to have not been submitted.
The part of the proposal submitted in Chinese.
At the same time, the parties may entrust a unit recognized by both parties to translate the full text, or the parts used, or the parts in dispute.
The cost of the need shall be borne by each party respectively.
50%; The failure to pay the translation fee shall be deemed as the recognition of the translation submitted by the other party.
Article 45 The admissibility and the probative force of a single piece of evidence can be determined by the following aspects:
(1) Whether the evidence is the original document or the original object, and whether the copy or reproduction is consistent with the original document or the original object;
Article 42 The parties shall provide documents to the Trademark Review Board.
复制、影印或者抄录门保管的书证原件的，应当注明出处，经该部门核对无异
It is sealed with its seal at the back.
For the corresponding copy or a certificate of the photograph, video, or other evidence of the物证; the original is a quantity of
evidentiary support, or the Trademark Review Commission
yes, or in Hong Kong, Macao, Taiwan
proof of identity.
Article 44 The parties to the case shall provide translations of foreign documents and foreign explanatory materials to the Trademark Review Board.
Chinese translation. Submit foreign language evidence
If the other party has objections to the specific content of the translation, it shall be noted that there are differences
Translation.
If the two parties cannot reach an agreement on the entrusted translation, the Trademark Review Board may designate a professional translation unit to translate the whole
Text or the parts used or the parts in dispute are translated. The translation is entrusted.
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(II) Whether the evidence is relevant to the facts of this case;
(III) The form and source of the evidence comply with the law;
(iv) Whether the content of the evidence is true;
(5) Whether the witness or the person providing evidence has any interest in the case.
Article 46 The appraisers shall consider all the evidence of a case in terms of the degree of relevance of each piece of evidence to the facts of the case,
Testimony by a witness who has a favorable relationship with one of the parties and is therefore likely to be biased against the other party;
(iv) audio-visual materials that are difficult to identify whether they have been modified;
Copy or duplicate of the physical core;
Evidence materials based on the established facts of the case.
, the Trademark Review Board shall confirm its probative force:
) The original of the physical evidence or a copy, photograph, video recording, etc., which has been checked against the original of the physical evidence and found to be accurate;
To refute
The opposite evidence and reasons can be recognized as proof.
Article 50 If one party offers evidence, and the other party acknowledges it or offers insufficient counter-evidence,
The person has objections and presents counter-evidence, and the other party to the case presents a counter-
Evidence recognition, which can confirm the probative force of the rebuttal evidence.
A comprehensive review and judgment of the connection between each piece of evidence.
Article 47 The following evidence shall not be used as the basis for determining the facts of a case if it is the only evidence:
(1) Witness statements made by minors that are not in line with their age and mental capacity;
(II) The testimony of a witness who has a relationship of affinity, subordination, or other close relationship with one of the parties involved in the case
evidence favorable to the party, or with
(3) The testimony of a witness who should have attended the public hearing but did not attend for no valid reason;
(5) 无法与原件、原
(6) evidence materials that have been altered by one party or another person and are not recognized by the other party;
(Seven) Other things that cannot be recognized alone
Article 48 The following evidence put forward by one party, if the other party objects but does not have sufficient evidence to refute it,
Counter-evidence
(1) Original documents or copies, photos,1ower copies, excerpts that have been checked against the original;
(Two
(III) Other evidence that is consistent with the audio-visual materials and has been obtained by legal means and there is no doubt about it or is compared with the audio-visual materials.
To the accurate copy.
Article 49 The appraisal conclusion made by the appraisal department entrusted by one party shall be subject to the appraisal conclusion made by the appraisal department entrusted by the other party if the other party does not have sufficient
The refutation of the trademark examination committee can confirm its probative force.
Evidence submitted by one party, the other party
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Article 51: If the parties to a case present opposite evidence for the same fact,
proof is clearly greater than the evidence provided by the other party
Where the probative force of the evidence is unable to be determined, resulting in the difficulty of identifying the disputed facts, the Trademark Review and Adjudication Board shall determine the facts of the case based on the evidence.
Liability apportionment
Article 52 During the review process, the parties involved may submit their applications, responses, statements, and their agents'
Except where the revocation is with悔 and there is sufficient counterevidence to overturn.
Article 53 Parties
but there is not enough evidence to deny
The Trademark Review Board shall, in determining the probative force of the evidence of the other party, consider the case in question and determine whether the probative force of the evidence provided by the other party is clear.
And confirm the more probative evidence.
Make a judgment based on the principle of distribution.
Principal's agency
Facts and evidence unfavorable to the party and admitted in the word, the Trademark Review Board shall confirm, but the parties
Assertions by oneself, where there is only a statement and no other relevant evidence can be produced, are
The claim is not supported. Except where the adverse party acknowledges it.
Article 54 The Trademark Review Board may, in determining the probative force of several pieces of evidence in proving the same fact, follow the principles
(III) Originals, original objects are better than copies, copies;
Conclusion;
Evident proof.
and the period specified by the Trademark Review Board.
The period shall be deemed to have expired on the first business day after the holiday.
The date of the documents or materials submitted by the party to the Trademark Review Board, if submitted directly,
As of the date of filing; by mail, as of the date of the postmark; if the postmark is not legible or there is no postmark, as of the trademark
Identification:
(1) Official documents and other written materials made by state organs and other functional departments within their authority are superior to other written materials;
(II) Expert opinions,档案 materials, and documents that have been notarized or registered are superior to other documents and audio-visual materials.
and witness testimony;
(iv) The conclusion of the statutory appraisal department is superior to that of other appraisal departments.
(5) Original evidence is better than derivative evidence;
(six) Other witness testimony is superior to that provided by witnesses with close relations to the parties or other close relations.
Testimony favorable to the party;
(7) The testimony of a witness who participates in the public review is superior to the testimony of a witness who does not participate in the public review;
(eight) Several kinds of evidence that are consistent in content are better than a single isolated piece of evidence;
Chapter Five Periods, Service
Article 55 The period includes statutory periods.
The period is calculated in days, months and years. The day on which the period begins is not included in the period.
The last day of the period is a holiday
Article 56
The actual date of receipt by the Review Committee shall prevail, except that evidence of the actual date of mailing may be submitted by the party.
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Article 57 The various documents of the Trademark Review Board may be submitted by mail, in person, or by other means.
Delivery to the party. If the party entrusts a trademark agency organization, delivery to the trademark agency organization is deemed delivery to the party.
The date of delivery of various documents to the parties by the Trademark Review Board, by mail, the date of receipt by the parties is taken as the date of the postmark.
Mark the organization of the agency, consider the delivery as
The matter.
The trademark agency organization has already terminated the trademark agency with the relevant foreign party before the delivery of the legal documents mentioned in the preceding paragraph.
The situation, and within 10 days of receipt of the documents
The relevant legal documents will be returned to the Trademark Review Board on the day, and the Trademark Review Board will deliver them separately.
The Madrid International Registration of Trademarks involves the International Bureau forwarding the relevant documents, and corresponding delivery evidence should be submitted.
of, the reasons should be stated in writing, and it is deemed to be delivered 15 days from the date of the communication from the International Bureau.
If the above methods cannot be delivered, public announcement shall be made for delivery.
Chapter VI Supplementary Provisions
Article 59 The decision to amend the Trademark Law shall be implemented before December 1, 2001, and the cases that occurred shall be governed by the amended Trademark Law.
Article 4, Article 5, Article 8, Article 9, paragraph 1, Article 10, paragraph 1, items (i), (iii), (iv)
Article 2, Article 11, Article 12, Article 13, Article 15, Article 16, Article 24, Article 2
Article 15, Article 31, the situation listed, the Trademark Review Board shall review the trademark after the implementation of the decision to amend the Trademark Law.
of the corresponding provisions of the amended Trademark Law for examination; in other cases, the Trademark Review and Adjudication Board shall apply the amended
Review the corresponding provisions of the current Trademark Law to be amended.
The parties to the dispute over the trademark, which was registered more than one year before the implementation of the decision to amend the Trademark Law, may apply to the Trademark Review Board
The period for filing an application shall be determined in accordance with the provisions of Article 27, Paragraph 2, of the Trademark Law, as amended before the application was filed; the parties
If a trademark that has been registered for less than one year is subject to a dispute arising from the decision to amend the Trademark Law, an application for review shall be submitted to the Trademark Review Board.
of, the period for filing an application shall be determined in accordance with the provisions of Article 41, Paragraph 3, of the amended Trademark Law.
Regarding units or individuals who, before the implementation of the decision to amend the Trademark Law, have taken actions in accordance with the amended provisions of Article 27 of the Trademark Law and its implementation
The provisions of Article 25 of the Detailed Rules propose a review application, which belongs to the modified Article 13, Article 15, Article 16 of the Trademark Law.
Where the circumstances stipulated in Article 30 and Article 31 are involved, the provisions of the second paragraph of Article 41 of the amended Trademark Law shall not be applied to the filing of a review application.
The deadline for the request.
Article 60 The format of documents for handling trademark review affairs shall be formulated and published by the State Administration for Industry and Commerce.
Article 61: This rule shall be interpreted by the State Administration for Industry and Commerce.
Article 62 This rule shall come into effect on October 26, 2005.