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Filing for Trademark Dispute
From:chinatrademark.net Input_time:9/16/2009 2:37:40 AM 

A registered trademark, if it violates Article 13 of the Chinese Trademark Law (well-known trademark protection), Article 15 (not-allowing agents or representatives to register trademarks without authorization), Article 16 (geographic mark protection), Article 31 (not-allowing to violate prior rights of a third party), within 5 years from the date of registration, the actual trademark owner or party(ies) with interest can file dispute adjudication application to request TRAB to cancel the registration. If the trademark is registered in bad faith, there is no time limit of 5 years to file the dispute adjudication application by the owner or party with interest (of well known mark).

Where a prior registered trademark owner believes that a later registered trademark is identical to or similar with its trademark on identical or similar goods, it/he can request the TRAB to review and adjudicate within 5 years from the registration date of the later registered trademark.
To a trademark registration being opposed before registration, dispute adjudication application in the same facts or reasons (used in the opposition) will not be accepted.

TRAB will make a decision for the dispute adjudication application and notify the relevant parties in written. If any of the relevant parties does not satisfy with the decision, it/he can, within 30 days upon receipt of the decision, file a lawsuit against the decision at the People's Court.

 

Documents:
1.information of the disputed trademark registration;
2.information of the cited trademark registration or other type of prior right;
3.name and address of the applicant in both English and Chinese;
4.dispute reasons and evidences ;
5.one Power of Attorney signed by the applicant (company chop needed for Chinese entity applicant).

 

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