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ARTICLE · 02 SEPTEMBER 2024

Guides To Stay Trademark Review Cases

Recently, the Trademark Office of the CNIPA issued the guides to stay trademark review cases, which outlines seven specific situations for mandatory stay and three situations for optional stay, aiming to facilitate...

ChinaIntellectual Property

Recently, the Trademark Office of the CNIPA issued the guides to stay trademark review cases, which outlines seven specific situations for mandatory stay and three situations for optional stay, aiming to facilitate flexible operation in trademark review procedures.

I. Situations for mandatory stay

1.1 Five situations for mandatory stay, applicable to cases of refusal review, opposition review, and invalidation proceedings:

1) The disputed or cited trademark is undergoing a change of registrant or transfer process, and such change or transfer will result in no rights conflict with the disputed mark or the cited mark;

2) The cited trademark has expired and is in the renewal process or the grace period for the renewal;

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