How the law stipulates the Trademark Review and Adjudication Board
1. The Trademark Review and Adjudication Board is based on the Trademark Law of the People's Republic of China 》(hereinafter referred to as the "Trademark Law"), a special administrative law enforcement agency responsible for trademark review (=trademark disputes) shall be established in the State Administration for Industry and Commerce to exercise adjudicatory power on trademark review matters in accordance with the law; If you are dissatisfied, you can file a lawsuit with the Beijing No. 1 Intermediate People's Court.
2. Director of the Trademark Office of the Industrial and Commercial Administration Department of the State Council National trademark registration and management work. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes. The work of the Trademark Review and Adjudication Board and the Trademark Office are interrelated and restrictive, forming my country's administrative system for trademark authorization, confirmation and trademark protection.
3. The Chairman of the Trademark Review and Adjudication Board shall exercise the following powers: ;
(1) Presiding over the daily routine of the Trademark Review and Adjudication Committee Work;
(2) Decision on trademark reviewRecusal of committee members;
(3) Review and issuance Trademark review decision.
The Chairman of the Trademark Review and Adjudication Board may entrust the Deputy Chairman Act on behalf of others.
The Trademark Review and Adjudication Board accepts review applications for the following matters;
(1) Review of dissatisfaction with the Trademark Office’s rejection of a trademark registration application;
(2) Review of dissatisfaction with the Trademark Office’s objection ruling;
(3) Review of the Trademark Office’s rejection of the application for transfer of a registered trademark;
(4) Review of the Trademark Office’s rejection of the application for renewal of a registered trademark;
(5) Review of dissatisfaction with the cancellation of a registered trademark by the Trademark Office;
(6) Review of dissatisfaction with the Trademark Office’s cancellation of an improperly registered trademark;
(7) Disputing registered trademarks;
(8) Proposing to cancel a trademark that is considered to be improperly registered;
(9) Other trademark review matters stipulated by laws and regulations.
4. The Trademark Review and Adjudication Committee is composed of a chairman, deputy chairman, and committee members.
5. The Trademark Review and Adjudication Board independently exercises trademark review matters in accordance with the law. Ruling power. The Trademark Review and Adjudication Board handles trademark review matters based on facts and the law. The Trademark Review and Adjudication Board handles trademark review matters in a collegial manner and implements a member voting system, following the principle of the minority obeying the majority. The Trademark Review and Adjudication Board handles trademark review matters. Review matters are reviewed in writing. The Trademark Review and Adjudication Board sets up an expert advisory group to solicit opinions on relevant issues in trademark review matters. The expert advisory group is composed of several legal experts in the intellectual property field, and its members are appointed by the Trademark Review and Adjudication Board.
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