Chapter 7: Trademark Review and Adjudication Board Procedures

7.1 TRAB Overview

The Trademark Review and Adjudication Board (TRAB) is an administrative body under CNIPA responsible for reviewing decisions made by the Trademark Office in examination, opposition, and invalidation proceedings. TRAB decisions can be appealed to the Beijing Intellectual Property Court and subsequently to the Beijing High People's Court.

7.2 Reexamination of Rejection Decisions

Applicants who disagree with a final rejection decision may file a reexamination request with TRAB within 15 days. The request must include detailed arguments and supporting evidence. TRAB conducts a de novo review of the case and may either affirm the rejection or reverse it and direct the Trademark Office to approve the application.

7.3 Review of Opposition and Invalidation Decisions

Parties dissatisfied with CNIPA's opposition or invalidation decisions may apply for review by TRAB within 30 days. TRAB reviews the entire record, may conduct hearings, and renders a new decision. The review fee is CNY 750 per class.

7.4 Judicial Review

Parties dissatisfied with TRAB decisions may file an administrative lawsuit with the Beijing Intellectual Property Court within 30 days. The court conducts a full review of both factual and legal issues. Appeals from the Beijing IP Court are heard by the Beijing High People's Court. Final judgments can be further appealed to the Supreme People's Court under limited circumstances.

7.5 TRAB Statistics (2024-2025)

According to CNIPA's 2024 annual report: TRAB received approximately 185,000 review cases, with an average processing time of 5.5 months. The reversal rate for reexamination of rejections was approximately 35%. In opposition and invalidation reviews, the affirmation rate was approximately 60%. These statistics highlight the importance of thorough preparation and strong evidentiary support in TRAB proceedings.

Once a trademark is successfully registered, maintaining its validity over time requires compliance with renewal requirements and proper management of ownership changes. Chapter 8 explains the trademark renewal system, assignment procedures, and licensing requirements that ensure the continued protection and commercial value of registered trademarks.

Chapter 8: Trademark Renewal and Assignment System

8.1 Trademark Renewal System

A registered trademark in China is valid for 10 years from the date of registration. The registrant may renew the registration for additional 10-year periods indefinitely. Renewal applications should be filed within 12 months before the expiration date. A 6-month grace period is available after expiration, subject to a late renewal fee.

8.1.1 Renewal Fees

The standard renewal fee is CNY 500 per class. During the 6-month grace period, a late renewal surcharge of CNY 250 per class applies, making the total late renewal fee CNY 750 per class. Renewal applications can be filed electronically or on paper, with electronic filing enjoying the standard 10% discount.

8.1.2 Renewal Procedure

The renewal procedure requires submission of a renewal application with the registration certificate or certificate number. No evidence of use is required for renewal. CNIPA issues a renewal certificate upon approval. It is advisable to initiate the renewal process at least 6 months before expiration to avoid last-minute complications.

8.2 Trademark Assignment

Registered trademarks may be assigned to another party through a trademark assignment agreement. The assignment must be recorded with CNIPA to be effective against third parties. Similar marks covering the same or similar goods/services must be assigned together to avoid consumer confusion.

8.2.1 Assignment Requirements

Assignment requirements include: (1) Written assignment agreement; (2) Application for recordal of assignment; (3) Identity documents of assignor and assignee; (4) Power of Attorney (if filed through an agent). The assignment recordal fee is CNY 500 per class. The average processing time is approximately 2-3 months.

8.3 Trademark Licensing

Trademark owners may license their marks to third parties through trademark license agreements. While recordal with CNIPA is not mandatory for the license to be valid between the parties, it is required for the licensee to assert rights against infringers. License recordal also provides public notice of the licensed relationship.

8.4 Change of Name or Address

If the registrant's name or address changes, a change application must be filed with CNIPA to update the registration record. The change fee is CNY 150 for paper filing and free for electronic filing. Keeping registration records current is essential for receiving official communications and maintaining enforceable rights.

Beyond administrative maintenance, the primary value of a trademark lies in its enforcement against unauthorized use. Chapter 9 examines the mechanisms available for trademark infringement protection in China, including administrative enforcement, civil litigation, criminal prosecution, and border enforcement measures.

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