Trademark Dispute & Infringement
Where a trademark registration violates the provisions of articles 10,11 and 12 of this law, or the registration of a trademark was acquired by fraud or any other improper means the Trademark shall cancel the registration at issue. Any organization or individual may request that the Trademark Review and Adjudication Board make a ruling to cancel such a registered trademark.
Where a registration violates the provisions of articles 13, 15, 16 or 31 of this law, the owner of a trademark or any interested party may, within five years from the date of registration, request that the Trademark Review and Adjudication Board make a ruling to cancel the registration. Where the registration was obtained with ill will, the owner of a well-known trademark shall not be bound by the five-year limitation.
In addition to those cases as provided for in the two preceding paragraphs, any party desirous of contesting a trademark registration, may, within five years from the date of approval of the registration, apply to the Trademark Review and Adjudication Board for adjudication.
1. Application for adjudication of a dispute over a registered trademark;
2. Power of attorney for trademarks;
3. Applicant's main body qualification certificate;
4. The clear claim and factual basis of the trademark dispute shall be attached with relevant evidences.
① The trademark registration process only requires the payment of the initial application fee. Unless the trademark is rejected or dissent, there is no need to pay the fee within ten years. Do not listen to any calls from the Trademark Office or the agency that require payment.
② In case of trademark rejection or trademark objection, we will take the initiative to contact you, and do not listen to phone calls from strange firms.
③ If the trademark has not been used for 3 consecutive years after registration in China, the trademark may be revoked.