We Serve the Latest News of IP Industry
for Your Reference
On April 13, the Trademark Office of the National Intellectual Property Administration announced the revision of the Notice to Parties in Trademark Review and Adjudication.
According to the relevant provisions of Trademark Law, Regulations for the Implementation of Trademark Law, Rules for Trademark Review and Adjudication and Guidelines for Trademark Review and Adjudication, the parties participating in trademark review and adjudication activities have the following rights and obligations:
I. Rights of the Parties
1. Dispose of their trademark rights and rights related to trademark review according to law during trademark review;
2. Entrust trademark agency organizations to act as agents;
3. Withdrawal of the trademark adjudicator;
4. Provide and supplement evidential materials according to law;
5. Apply for oral hearing;
6. Apply for consulting and copying the relevant materials of this case and applying for copying the relevant legal documents;
7. Before the trademark review decision or ruling is made, the applicant requests in writing to withdraw the application for review;
8. Should the parties refuse to accept the trademark review decision or ruling, a lawsuit can be filed with Beijing Intellectual Property Court within the statutory time limit.
II. Obligations of the Parties
1. The parties concerned shall participate in trademark review and approval activities within the time limit prescribed by law;
2. To participate in trademark review and approval activities, written materials shall be submitted, which shall be handled in the form of paper or data messages according to relevant regulations. Handling in the form of data messages must be submitted through the online service system of the trademark registration department, and the correct channel for reviewing cases should be selected;
3. The materials provided by the parties to participate in trademark review and approval activities shall be authentic;
4. If a party entrusts a trademark agency organization to participate in trademark review and approval, it shall submit a Power of Attorney; foreigners or foreign enterprises without habitual residence or business office in China shall entrust a trademark agency established according to law to handle the matter; if the authority of the agent is changed or the agency relationship is dissolved, it shall promptly inform the trademark registration department in written document;
5. The parties shall provide accurate delivery address and contact information;
6. Trademark review fees shall be paid according to law;
7. A request for oral hearing shall be made in accordance with relevant regulations and the reasons shall be explained;
8. The parties shall bear the burden of proof for their own review request; if the relevant evidential materials were to be supplemented, they shall be declared in the application or defense, and submitted at one time within three months from the date of submitting the application or defense.