CNIPA has published an explanation to the Guidelines of Suspension for Cases Examined by Trademark Review and Adjudication Board, which stipulates seven clear situations that should be suspended and three situations that can be suspended depending on the specific circumstances of the case. Among the situations that should be suspended, there are five commonly applicable situations of review against refusal, review of non-approval, and invalidation, which are:
1. The disputed trademark or cited trademark is in the process of name changing or transferring, and there is no longer a conflict of rights between the disputed trademark or cited trademark after the name change or transfer;
2. The cited trademark has expired and is in the process of renewal or in the grace period;
3. The cited trademark is in the process of cancellation or withdrawal of application;
4. If the cited trademark is cancelled, declared invalid, or no longer renewed at the grace period, and the date of cancellation, declaration of invalidity, or revocation has not been more than a year at the time of examination;
5. The case involves a cited trademark with a decision to take legal effects or the effective judgement waiting for a retrial.
There is one situation specifically applicable to cases of review of non-approval or invalidation, namely:
6. The prior rights involved must be based on the outcome of another case being tried by the people's court or handled by an administrative authority;
There is one type specifically applicable to review against refusal, namely:
7. The status of the cited trademark must be based on the results of another case being trialed by the people's court or examined by the administrative authority, and the applicant clearly requests to suspend;
There are three situations that can be suspended depending on the specific circumstances, namely:
8. If the cited trademark involved in the review against refusal has been requested for invalidation, and the registrant of the cited trademark was found to file applications in bad faith, the trial may be suspended; The difference between this situation and the above situation 7 is that it does not require the applicant to submit a suspension application. The examiner can independently decide whether to suspend the application based on the specific case.
9. If it is necessary to wait for similar cases or related cases to be ruled or judged, the trial may be suspended according to the needs of the individual case. This situation does not necessarily involve cited trademarks, and therefore does not require the applicant to file a suspension application.
10. Other situations where the trial can be suspended. For situations that cannot be exhausted, the examiner can independently decide whether to suspend the trial based on the specific circumstances of the case.