Trademark registration appeal in China includes the following three types: appeals of objections, appeals of oppositions and appeals of cancellations. Once the application is rejected by China Trademark Office (CTO) or the applicant is dissatisfied with the decision of the opposition, or dissatisfied with the decision of the cancellation, the interested party may, within 15 days from receipt of the Notification of Refusal or the Decision on Opposition of Trademark or the Decision on Cancellation of Trademark issued by the CTO, appeals to the Trademark Review and Adjudication Board (TRAB).
Required Materials for An Appeal
1. Application. Including the following aspects:
1) the applicant’s name, address of residence, mailing address, the name of the person to be contacted, and telephone number;
2) the trademark in dispute and its application number or preliminary approval number, registration number and the issue number of the Trademark Gazette;
3) specific request for the review and adjudication, and the facts, grounds and legal bases for the request.
2. Power of Attorney;
3. Further Evidence;
4.List of Evidence. The interested party shall categorize number and list each proof he submits, briefly explain the source thereof, and specific facts of the evidence, and sign and seal them.
Required Evidences for An Appeal
For the evidence generated beyond the territory of China, it is not necessary for applicant to notarize the evidence in the review and adjudication process, unless the opposed party challenges the authenticity of the evidence with supporting proof, or the TRAB believes it is necessary to do so.
However, if an interested party furnishes to the TRAB instruments or explanatory material in a foreign language, he shall attach their Chinese translation. If an interested party who has furnished evidence in a foreign language fails to submit their Chinese translation, the evidence in the foreign language will be deemed not to have been submitted. More importantly, To add the chance of winning the appeal, direct and strong evidence should be filed as much as possible.
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