consulting

To brief your case or requirements and I will respond it timely

present position: - IP Service - Trademark

We are group of composed lawyers with rich theoretical and practical experience that have been engaged in affairs of trademark law for several years.

■ Trademark non-litigation;

■ Trademark design & application;

■ Trademark transfer, change, renewal, licensing;

■ Objection, review, cancellation to the registered trademark;

■ Famous trademark and well-known trademark cognizance;

■ Dynamic timely monitoring and protecting of trademark, etc.

■ Trademark litigation:

■ First instance,

■ Second instance,

■ Retrial, protest, etc.


The trademark invalidation declaration lawsuit is an administrative lawsuit filed by one party requests against the ruling of the trademark invalidation made by the Trademark Review and Adjudication Board which is as the defendant and the opposite party as the third party.

a,  Legal basis

In accordance with the provisions of Articles 44 and 45 of the Trademark Law, a person who refuses to accept a ruling on the invalidation of a registered trademark made by the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receipt of the ruling. The people's court shall notify the other party to participate in the proceedings as a third party.

b,  need to provide documents and matters should be intended

  ◆The original of the ruling of invalidation of a registered trademark;

  ◆Original envelope or original collection list of the above ruling;

  ◆ Administrative complaints in quadruplicate;

   If the plaintiff is a natural person, sign a copy of the ID card; if the plaintiff is an enterprise, seal on the photocopy of the business license and submit the legal representative certificate;

The attorney who present you as your chinese IP attorney must submit a power of attorney, a letter from the law firm and a copy of the attorney's certificate.

c, matters should be noted

Trademark administrative litigation cases are all designated by the Beijing   Intellectual Property Court;

If you are dissatisfied with the judgment of the first instance, you can appeal to the Beijing Higher People's Court on the 15th from the date of receipt of the judgment of the first instance;

The complaint or notice of the lawsuit is filed on the Trademark Review and Adjudication Board on the 15th after the first-instance lawsuit is filed;


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Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling
Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling