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Position: Beijing Eastking IP Agent Co. Ltd. > Guides > Trademark > Text Back Home

Litigation for Trademark Rights

Author:Eastking     Source:Eastking     Hits:1185     Time:2012/7/31

Any interested party who dissatisfied with the adjudication made by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, can institute legal proceedings in the People's Court. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.

1. The administrative procedure for trademark rights:

Registration is mandatory to establish rights to a trademark; China is a "first to file" jurisdiction. The procedure for trademark rights divided into two classes: common administrative procedures and special administrative procedures.

Common administrative procedures divided into four stages, which are application, examination, publication and approved registration.

Special administrative procedure is other procedure except the normal procedure, including review, opposition, trademark disputes, cancellation, and so on. the trademark law provisions stipulated above procedure are article 30, article 32(1)
article 33(1)article 41, article 44, article 45, and article 49(1).

Trademark office is responsible for the trademark registration, management, supervision and other statutory functions, including the trademark opposition and cancellation. The Trademark Review and Adjudication Board is responsible for trademark rights confirmation disputes, including trademark review of refusal, review of opposition, dispute, review of cancellation.

In nature, the two institutions are at the same level, and restrict each other on their functions.

2. Procedure of judicial review

Where any party dissatisfied with the trademark rights confirmation ruling of the Trademark Review and Adjudication Board, it may, within 30 days from the date the notification is received, bring a suit in a People's Court

In trademark rights confirmation cases involving both parties, the people's court shall notify the other party in the trademark review and adjudication process as third party in the litigation