CNIPA Explains Rules On Trade Mark Review Suspension

In accordance with Article 35, paragraph 4 of the China Trademark Law, if the Trademark Review and Adjudication Board determines that the prior rights involved in the review must be based on the results of another case being tried by the Court or handled by an administrative organ, the review may be suspended.

Once the reasons for suspension are eliminated, the review procedure should be resumed. There are similar regulations regarding suspension of examination on invalidation and review of non-approval of registration per Article 45 of the China Trademark Law. In accordance with Article 11 of the Implementing Regulation on China Trademark Law, the period of suspension should be excluded from the statutory examination term.