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Trademark Opposition Review

Author:Eastking     Source:Eastking     Hits:1272     Time:2012/7/31

1.         Summary

Trademark Opposition Review is a case, in which one party who dissatisfies with the opposition decision made by CTO, appeal in front of TRAB, and then TRAB makes a ruling.

2.  Precondition of the Trademark Opposition Review

1) the applicant should be one of two parties involved in the opposition decision, namely, the opposed or opponent.

2) Time limit, parties should appeal in front of TRAB within 15 days from receipt of the “Notification of Trademark Opposition Ruling”

3.         Ruling

TRAB would make a ruling as

1) The Trademark Review and Adjudication Board in the review, think the applicant's grounds are established, the ruling grounds of trademark office are not established, then would make revocation of opposition ruling of the trademark office.

2) The Trademark Review and Adjudication Board in the review, think that the applicant's are not established, the ruling grounds of the trademark office was established, then it would maintain the opposition ruling of the trademark office.

3) The Trademark Review and Adjudication Board in the review, think that the applicant's grounds were partially established; the opposition ruling of the trademark office was partially established, then, it would partially make revocation of opposition ruling of the trademark office, maintain part of the opposition ruling of the trademark office.

4) Any party who dissatisfies with the ruling of Trademark Review and Adjudication Board, could file an appeal in front of Court within 30 days from the receipt of notification, or the ruling come into effect