How is the judicial relief determined by the Trademark Review and Adjudication Board
The Trademark Review and Adjudication Board makes a decision to maintain or revoke a registered trademark After the ruling is made, the relevant parties will be notified in writing of the ruling results. Before this revision, my country’s Trademark Law stipulated that the Trademark Review and Adjudication Board’s ruling was final and the parties were not allowed to seek relief. After my country joined the World Trade Organization, in order to connect with the judicial relief procedures in the relevant agreements of the organization, this revision of the Trademark Law stipulates that the ruling of the Trademark Review and Adjudication Board is not final, and parties dissatisfied with its ruling can also seek judicial protection. File a lawsuit. During the processing stage of the Trademark Review and Adjudication Board, the Trademark Review and Adjudication Board can make a ruling to maintain the registered trademark.
The ruling to maintain a registered trademark refers to the trademark review The Committee’s decision on the exclusive right to register a trademark was upheld. That is to say, the Trademark Review and Adjudication Board, in accordance with the ruling procedure, does not believe that the opponent’s reasons for a registered trademark are sufficient and believes that the registration of a specific trademark complies with the provisions of the Trademark Law. It can make a ruling to maintain the registered trademark, and should promptly notify the parties involved in the ruling. . The situation in which the Trademark Review and Adjudication Board makes a ruling to revoke a registered trademark refers to the decision of the Trademark Review and Adjudication Board to revoke the exclusive right to register a trademark. That is to say, the Trademark Review and Adjudication Board shall, in accordance with the ruling procedures, confirm the reasons and facts raised by the registered trademark opponent or ruling applicant, make a ruling to cancel the registered trademark, and shall promptly notify the parties involved in the ruling.
If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within the specified period from the date of receipt of the notice. The prosecution here should belong to administrative litigation. According to the provisions of my country's Administrative Litigation Law, citizens, legal persons or other organizations that believe that the specific administrative actions of administrative agencies and administrative agency staff infringe upon their legitimate rights and interests have the right to file a lawsuit with the People's Court in accordance with the Administrative Litigation Law. The ruling issued by the Trademark Review and Adjudication Board does not confirm the legal requirements raised by the opponent or ruling applicant based on the facts and reasons or ruling to revoke the registered trademark of the party, which is the reason for the party to file an administrative lawsuit with the People's Court. The time for filing a lawsuit is within the prescribed time limit from the date of receipt of the ruling notice. The people's court shall notify the other party in the trademark ruling procedure to participate in the litigation as a third party.
It should be pointed out that the State Council’s industrial and commercial administration The administrative department establishes a Trademark Review and Adjudication Board to handle trademark disputes. Therefore, the Trademark Review and Adjudication Board is a statutory authority, and its rulings are specific administrative acts. Therefore, if a party is dissatisfied with the ruling made by the Trademark Review and Adjudication Board, it may file an administrative lawsuit against the Trademark Review and Adjudication Board. After trial, if the People's Court believes that the Trademark Review and Adjudication Board's ruling is correct, it should be upheld. If it is a ruling that upholds the cancellation of a registered trademark, it should be handed over to the Trademark Office for cancellation procedures.
Hope that through the above content you can understand and understand trademarks A more in-depth understanding of issues related to judicial relief adjudicated by the Review Committee. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
