Understanding And Application Of "Same Facts And Grounds" In Trademark Review Cases

In order to save administrative resources, improve administrative efficiency, and protect the certainty of trademark allowance and confirmation, Article 62 of the Implementing Regulations of the Trademark Law stipulates the "Res judicata", which means that if the Trademark Review and Adjudication Board has made a ruling or decision on a trademark application, no one may re-submit further applications based on the same facts and grounds. However, an exception is made for invalidation proceedings filed with the Trademark Review and Adjudication Board after approval of registration undergoing the review of disapproval of trademark registration. This article does not comment on the content of the "exception clause," but only analyzes the preceding clause.