1.         Summary

Trademark Opposition Review is a case in which parties who dissatisfy with the trademark office, appeal in front of TRAB according to article 33 of China Trademark Law, and then TRAB makes a ruling.

Response to Trademark Opposition is the other party’s refuting the Trademark Opposition Review Application during schedule time in writing, after receipt of the Trademark Opposition Review application form and grounds transferred by TRAB.

2.   Procedure.

1)   Sign POA and attach the respondent’s identification (Business Registration Certificate, identification card, etc.)

2)   Prepare the documents of response, including writing the response form, the grounds for refuting, the facts and relevant evidence.

3)   The agent files the documents of response to TRAB for the respondent.

3.   Ruling

1) The Trademark Review and Adjudication Board in the review, think the respondent's grounds are not 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 respondent's are 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 respondent’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

4.  Notes

1） Respond in Time

According to China Trademark Law, the time limit to respond is 30 days from receipt of the notification of response; overtime response is treated as no response. To supplement related evidence couldn’t be anytime either, it must be in time, namely, 3 months from filing response.

2) Focus on evidence.

Although respondent has a positive opposition ruling, so has a superiority, but if the opposition applicant find new key evidence and grounds, it could cancel the registered trademark fully or partially. On this occasion, the respondent shall prepare fully aiming at new evidence and grounds, analyze and identify flaws, organize the new evidence and grounds for respond, and maintain its superiority, or it might has a different result.