Trademark Review and Adjudication Rules (2005 Amendment)

State Administration for Industry and order
(No. 20)

"Trademark Review and Adjudication Rules" has the PRC State Administration for Industry and decided to amend the executive meeting, is hereby promulgated, October 26, 2005 shall come into force.
Secretary: Wang Zhongfu
September 26, 2005

(November 2, 1995 the former State Administration for Industry Decree No. 37 published; September 17, 2002 State Administration for Industry Order No. 3 First Amendment; September 26, 2005 State Administration for Industry Order No. 20 Second Revision)

Chapter I  General Provisions

Article 1 under the "Trademark Law" (hereinafter referred to as the Trademark Law) and "Regulations for the Implementation of the PRC Trademark Law" (hereinafter referred to as the implementation of the Ordinance) provides that the enactment of this rule.
Article 2 according to the Trademark Law and its implementing regulations, the State Administration for Industry and Trademark Review and Adjudication Board (hereinafter referred to as Trademark Review and Adjudication Board) is responsible for handling cases of trademark review the following:
(A) against State Administration for Industry and Trademark Office (hereinafter referred to as the Trademark Office) decision to reject an application for trademark registration, according to the provisions of the Trademark Law Article 32 apply for a review of the case;
(B) ruling against the objection and Trademark Office, according to the provisions of the Trademark Law Article 33 apply for a review of the case;
(C) of the registered trademark, according to the provisions of the Trademark Law 第四十一条 request a decision to dismiss the case;
(D) agree with the Trademark Law and Trademark Office in accordance with article 41, paragraph, Article 44, the provisions of Article 45 to revoke or maintain a registered trademark of the decision, according to the provisions of the Trademark Law Article 49 apply for a review of the case.
Article 3 parties to participate in cases of trademark dispute the assessment activities, should be handled in writing.
Article 4 TRAB hear cases of trademark dispute implement a written hearing, but based on the implementation of Article 33 of the Ordinance shall be decided except in cases of public review.
Article 5 based on the Trademark Law Trademark Review and Adjudication Board, the implementation of regulations and decisions of the rules and rulings shall be in writing, notify the interested parties, and the reasons.
Article 6 Except as otherwise provided in this rule, the Trademark Review and Adjudication Board hearing collegiate trademark dispute cases to implement the system, composed by the Trademark Review and Adjudication collegial group trial.
Collegial panel to hear cases, the implementation of the principle of majority.
Article 7 party or interested party based on the implementation of the provisions of Article IX regulations apply to avoid trademark reviewers, it shall apply in writing and explain the reasons.
Article 8 in the trademark review period, the parties shall be entitled to dispose of their trademark and related rights and trademark review. Taking into account the public interest, third-party rights under, between the parties can settle their own writing, Trademark Review and Adjudication Board may conduct the mediation.
Article 9 of the parties to participate in a total of trademarks Trademark Review and Adjudication, they shall designate a person to be representative; no representative is designated, known for its trademark application or trademark registration book in the order set out in the first human representative. Representative involved in the assessment of the behavior of the parties represented by the occurrence of its effect, but the representative of the change, give up the review request or acknowledge the other party's request for review must have been authorized in writing by the parties represented.
Article 10 foreigners or foreign enterprises for trademark review matters in China, habitual residence or place of business, you can entrust a trademark agency approved by the organization of qualified agents, you can directly apply; in China, no habitual residence or place of business, should be commissioned nationally recognized organization with a trademark agent for the agent.
Change agent authority, agency or a change agent is dissolved, the parties or agents shall promptly notify in writing the Trademark Review and Adjudication Board.
Article 11 parties and their agents can apply for access to material relevant to the case.

Chapter II Application and Acceptance

Article 12 Applications for trademark review and adjudication shall meet the following conditions:
(A) The applicant must have a valid qualification;
(B) within the statutory time limit;
(C) belongs to review the scope of Trademark Review and Adjudication Board;
(D) shall submit the required application form and relevant evidence;
(E) have a clear assessment of the request, facts and reasons;
(F) shall pay the assessment fee.
Article 13 apply for trademark review and adjudication shall submit an application to the Trademark Review and Adjudication Board; have been the applicant, the applicant shall submit the appropriate number of copies of copies; the applicant's mark of an assignment, transfer and Trademark Office has But the announcement has not yet approved the application, the applicant shall provide the appropriate documents; Trademark Office's decision based on the book or apply for a review of the ruling, it should be accompanied by the Trademark Office's decision or ruling.
Article 14 application shall contain the following:
(A) the name, domicile, address, contact name and phone. Review applications for the respondent, the applicant shall set forth the name and domicile. Entrust a trademark agency to apply for trademark review matters, a trademark agency shall also be indicated the name, mailing address, contact name and phone;
(B) the application number or the disputed trademark and its preliminary validation number, registration number and the publication of the trademark "Trademark Notice" of the issue number;
(C) a clear assessment of the request and is based on the facts, reasons and legal basis.
Article 15 of the Trademark Review and Adjudication application does not meet the rules of Article 12 (a), (b), (c) provides that one of the conditions, the Trademark Review and Adjudication Board shall not accept, notify the applicant and the reasons.
Article 16 of the Trademark Review and Adjudication application does not meet the rules of Article 12 (d), (e), (f) provides that one of the conditions, or not to implement regulations and in accordance with the provisions of this rule to submit the relevant documents, the Trademark Review and Adjudication Board correction notice should be issued to the applicant, limit its receipt of notice of correction within 30 days from the date of correction.
The correction is still not compliant, the Trademark Review and Adjudication Board shall not accept, notify the applicant and the reasons. Limit, no correction, and implementing regulations based on Article 30, as an applicant to withdraw application for review, Trademark Review and Adjudication Board shall notify the applicant.
Article 17 Trademark Review and Adjudication review applications meet the conditions for acceptance by the Trademark Review and Adjudication Board shall be issued to the applicant within 30 days' notice of acceptance. "
Article 18 The Trademark Review and Adjudication Board has accepted the application for trademark review and adjudication, one of the following circumstances, is inconsistent with the conditions of admissibility, should be based on the implementation of the provisions of Article 30 of the Ordinance shall be rejected:
(A) violation of the Trademark Law Article 42 stipulates that the pre-registration has been approved by the challenge and ruled that a trademark, on the same facts and grounds for a determination of;
(B) the implementing regulations violate Article 35 requires the applicant to withdraw an application for trademark review and adjudication, on the same facts and grounds again review the application;
(C) violation of Article 35 of Regulations for the Implementation of the Trademark Review and Adjudication Board has made a determination or decision to the same facts and grounds again review the application;
(D) does not meet the conditions of admissibility of the case.
Trademark Review and Adjudication Board rejected the application for trademark review and adjudication, it shall notify the applicant and the reasons.
Article 19 applications for review by the applicant, the Trademark Review and Adjudication Board accepted, the copy of the application shall be timely and relevant evidence served by the applicant, limit their copy of the application receipt within 30 days from the date of the Trademark Review and Adjudication Board filing an answer, and the number of the applicant to submit the appropriate number of copies; expiration did not submit or late submission, as a waiver of the respondent.
Article 20 parties need to make the assessment of applications or additional relevant evidence after the defense, it should be declared in the application or pleadings, and defense since the submission of the application or 3 months from the date of submission of application or within a one-time defense the same number of copies of the book of evidence; not declared in the application or the respondent or the expiration of the book is not submitted as a supplement to give up the evidence. However, after the expiration of the formation based on new facts or evidence of other legitimate reasons there except.
Within the statutory period for the parties to provide the evidence, there is the other party, the Trademark Review and Adjudication Board shall send the evidence to the other party, within a specified period limited its cross-examination.
Article 21 an applicant submits an application submitted by the applicant or defense, should also be able to submit valid documents to prove their identity. The name of the applicant or the applicant shall submit the documents with the consistent.
Such matters as the party name or change of residence, should provide the appropriate documents.
Article 22 The parties shall submit evidence of their classification numbers and the production of each directory listing, the source of evidence to prove specific facts to make a brief description, and signature stamp.
Trademark Review and Adjudication Board received evidence submitted by the parties, you should check the evidence according to the directory list by the sign on handling personnel in the receipt, indicate the date of submission.
Article 23 The Trademark Review and Adjudication Application and relevant proofs shall be asked to fill in the prescribed form and provide. Failing to fill out the form and requirements to provide the Trademark Review and Adjudication Board issued a correction notice to the applicant, limit its receipt of notice of correction within 30 days from the date of correction. The correction is still not compliant, or limit, no correction, the second paragraph of Article XVI of these rules apply to the regulations.
Trademark Review and Adjudication statement and relevant proofs shall be asked to fill in the prescribed form and provide. No prescribed form and asked to fill in, provided by the applicant to the Trademark Review and Adjudication Board issued a correction notice, limit its receipt of notice of correction within 30 days from the date of correction. The correction is still not compliant, or limit, no correction does not affect the Trademark Review and Adjudication Board for review.

Chapter III trial

Article 24 The Trademark Review and Adjudication Board shall hear cases of trademark review form a collegial panel to hear. Collegial group of people by the Trademark Review and Adjudication staff of more than 3 singular form. But one of the following circumstances the case, by the Trademark Review and Adjudication one sole staff review:
(A) the Trademark Office in its rejection decision, ruled that the objections cited in the review has lost the trademark the exclusive right or prior right;
(B) requested an adjudication to cancel the trademark has lost the exclusive rights;
(C) and Trademark Office rejection decision cited trademarks are the property of all applicants because the applicants did not process the change promptly rejected by the Trademark Office, Trademark Office review applications when the applicant has changed after finishing procedures;
(D) of the Trademark Office rejected the decision made by others cited earlier application or registered trademarks of the review are transferred to approved applicants;
(E) any review of other cases can be alone.
Article 25 Interested parties according to or the rules implementing provisions of Article 9 and the provisions of Article VII of the Trademark Review and Adjudication apply for the withdrawal of personnel, was to avoid the application of trademark review and adjudication staff in the Trademark Review and Adjudication Board to decide whether to avoid the decision, should be suspended participate in the trial of the case.
Trademark Review and Adjudication Board make a decision, ruling party or interested party made after receipt of application for withdrawal, and does not affect the accreditation decision, ruled that the validity. However, reviewers need to avoid the situation does exist, the Trademark Review and Adjudication Board shall make a deal.
Article 26 The Trademark Review and Adjudication Board's application for withdrawal of the parties shall within 7 days after receipt of the application, in writing, make a decision and notify the applicant in writing. Applicants to the Trademark Review and Adjudication Board is not satisfied with the decision to avoid, you can apply within 3 days after receipt of the decision for reconsideration. During the reconsideration review by a trademark application to avoid staff involved in the case did not stop the trial. Trademark Review and Adjudication Board shall review an application within three days to make a reconsideration decision and notify the applicant for reconsideration.
Article 27 The Trademark Review and Adjudication Board hearing against Trademark Office rejected the application for trademark registration review cases decided, in addition to the Trademark Law shall apply Articles 10, 11, 12 and 16, first paragraph, the Trademark Office should be directed to decision of rejection and the applicant apply for a review of the facts, reasons and request and review the facts when the state assessment. Trademark Review and Adjudication Board under the foregoing provisions of this section shall be heard before the decision to review the applicant's views.
Article 28 The Trademark Review and Adjudication Board hearing ruled against the opposition and Trademark Office review the case, the parties shall review the application and defense against the facts, reasons and requests for review.
Article 29 The Trademark Review and Adjudication Board hearing request based on the Trademark Law 第四十一条 registered trademark of the decision to dismiss the case, the parties shall apply for and defense of the facts, reasons and requests for review.
Article 30 The Trademark Review and Adjudication Board hearing against the Trademark Law and Trademark Office in accordance with the provisions of article 41, paragraph a registered trademark of the decision to dismiss the case review, should be directed to the Trademark Office's decision and the applicant apply for a review of the facts, reasons and requests for review.
Trademark Review and Adjudication Board hearing against the Trademark Law and Trademark Office in accordance with Article 44, Article 45 to revoke or review the decision to maintain a registered trademark case, the Trademark Office should be directed to withdraw or maintain the registered trademarks of decisions based on facts, reason and application of the law be reviewed. However, according to the Trademark Law Article 44 (d) requires parties to apply for a review of the case and additional evidence other than justified.
Article 31 Trademark Review and Adjudication proceedings, the parties of the trademark of an assignment, transfer, transferee or successor shall be promptly transferred to declare in writing to bear the status of persons, to participate in follow-up assessment procedures and undertake the appropriate assessment of the consequences.
Article 32 of the following circumstances, terminate the review:
(A) death or termination of the applicant not to give up heir or heirs the right to review;
(B) assessment of the applicant to withdraw the application;
(C) the parties settle on their own or after mediation by the Trademark Review and Adjudication Board to reach an agreement;
(D) other circumstances review should be terminated.
Termination of accreditation, the Trademark Review and Adjudication Board to be closed, notify the interested parties in writing and explain the reasons.
Article 33 should be collegial panel to hear cases made collegiate record, signed by the members of the collegial panel. Collegial group members have different views, should be accurately recorded collegiate record.
After hearing the end of the case, Trademark Review and Adjudication Board shall make a decision, ruling.
Article 34 The Trademark Review and Adjudication Board to make the decision, ruling shall contain the following elements:
(A) review the request, the dispute of the facts and reasons;
(B) the decision or ruling confirmed facts, reasons and legal basis for application;
(C) the conclusions of the decision or adjudication;
(D) the parties selected for follow-up procedures and time limits;
(E) decision, ruled that the date made.
Decision, ruling signed by the members of the collegial panel, stamped seal of Trademark Review and Adjudication Board.
Article 35 The Trademark Review and Adjudication Board makes the decision, ruling, an appeal against the people's court, it shall submit the complaint to the people's court at the same time or later than 15 days a copy to the complaint in writing or otherwise inform the Trademark Review and Adjudication Committee.
Since the Trademark Review and Adjudication Board's decision, ruling within 60 days from the date of issue does not receive from the people's court or any relevant parties to the case of the decision, ruled that the prosecution of information, as the parties did not apply to a court, the decision, ruled that the transfer of Trademark Bureau.
Article 36 The Trademark Review and Adjudication Board under the request of the parties or the actual needs, decide to review an application for public review.
Article 37 The parties request for public review and adjudication shall be open to the need to review the specific reasons.
Article 38 The applicant requests a public review, the applicant shall receive a copy of the reply within 15 days from the date of writing to the Trademark Review and Adjudication Committee; requested by the applicant for public review, it should be the trademarks of Jury filing an answer or when added together with the evidence put forward.
Article 39 The public review of the specific procedures otherwise provided by the Trademark Review and Adjudication Board.

Chapter IV Rules of Evidence

Article 40 The parties put forward their own assessment of the facts relied upon request or refute each other's assessment of the request based on the fact has the responsibility to provide evidence to support it. There is no evidence or insufficient evidence to prove the factual claims of the parties, the burden of proof by the parties bear the negative consequences.
Statement of a party to the other party expressly acknowledge the facts of the case, the other party without the burden of proof.
The facts of the party, the other party neither admitted nor denied that, as a recognition of that fact.
Parties to participate in review agent, the agent's recognition as a recognized party. But not specifically authorized agent for the recognition of the fact that a direct result of requests for recognition of each other except for review; parties recognized the presence of an agent, but its not to repudiate it, as recognized by the parties.
Article 41 the fact that the parties without the burden of proof to prove:
(A) well-known fact;
(B) in accordance with the law presumption of fact;
(C) the fact has been proven according to law;
(D) According to the daily life of the fact that the presumption rule of thumb;
(E) Other law without proof of the facts.
But the parties have enough conclusive evidence to the contrary, except.
Article 42 The parties to the Trademark Review and Adjudication Board to provide documentary evidence, should provide the original, including original, original and copy. Provide the original difficulty, can provide a copy, photographs, extracts; provide documentary evidence kept by the authorities a copy of the original, photocopy or copy parts, should indicate the source, by the same department after being checked cover the seal.
Parties to provide evidence to the Trademark Review and Adjudication Board, it shall provide the original. Difficult to provide original, can provide a copy or that the evidence photos, video and other evidence; original material for the large number of species, and provide part of it.
Party to the other party referred to in documentary evidence, physical evidence of the copy or photographs in doubt and there is evidence to support appropriate, or Trademark Review and Adjudication Board deems necessary, the parties shall be questioned or to produce relevant evidence to provide original or notarized copy.
Article 43 The parties to the Trademark Review and Adjudication Board to provide evidence of the formation of the Department outside the territory of the PRC or Hong Kong, Macao and Taiwan form, the other party in doubt the authenticity of the evidence and corresponding evidence, or trademarks Review Committee deems necessary, shall be in accordance with relevant provisions of the relevant notary certification procedures.
Article 44 The parties to the Trademark Review and Adjudication Board to provide evidence or a foreign language outside the instrument descriptive information, shall be accompanied by Chinese translations. Foreign parties to submit evidence of the Chinese translation is not submitted, not submitted as evidence of the foreign language.
The specific content of the translation the other party disagrees, it should be part of a dispute submit the Chinese translation. If necessary, the parties may be entrusted to the full text of authorized unit, or the use of part or parts of object to be translated.
Translation of the parties fail to reach agreement on the commission, the Trademark Review and Adjudication Board to specify the full professional translation units, or the use of part or object to some of the translation. Commissioned translation of the costs borne by both parties 50% each; refused to pay the translation costs, as its recognition of the submission of the translation.
Article 45 without a single evidence to prove that power and force size can be determined from the following aspects of the audit:
(A) whether the evidence originals, copies, replicas and the originals are matched;
(B) whether the relevant evidence and facts of the case;
(C) the forms of evidence, whether the source of compliance with the law;
(D) evidence of the content is true;
(E) the witness or provide evidence, whether the interest with the parties.
Article 46 The reviewers of the case all the evidence, should evidence from the facts of the case associated with the degree of contact between the evidence and other aspects of a comprehensive review of judgments.
Article 47 The following evidence can not stand alone as the basis of facts of the case:
(A) the minor made incompatible with their age and mental condition of the testimony;
(B) a relationship with a party, affiliation or otherwise closely related by a witness testimony favorable to the party, or relationship with a party adverse to the party by a witness to testify;
(C) should attend the public review without good reason not to participate in public testimony and review the testimony of witnesses;
(D) is difficult to identify whether a modified audio-visual materials;
(E) not with the original check or copy of a copy;
(F) changes by one party or another, are not recognized by the other party evidence;
(Vii) other facts of the case can not stand alone as the basis of the evidence.
Article 48 The party put forward the following evidence, to challenge the other party but not enough to refute the evidence to the contrary, the Trademark Review and Adjudication Board shall confirm its probative force:
(A) the original documentary evidence or verified with documentary evidence a copy of the original, photographs, copies, extracts;
(B) the original evidence and the evidence or verified copy of the original, photo, video information, etc.;
(C) there is other evidence and obtained by legal means, and no doubt point of audio-visual materials and audio-visual materials or a copy verified.
Article 49 The department made a party to provide expert appraisal conclusion of the other party is not sufficient to rebut contrary evidence and reason, one can assume its probative force.
Article 50 The party's evidence, the other party's approval or to the contrary evidence is insufficient to rebut the Trademark Review and Adjudication Board to confirm its probative force.
Party's evidence, and the other party has objection to rebuttal evidence to refute the evidence of the other party recognized, can confirm to refute the evidence.
Article 51 the fact that the parties were cited on the same evidence to the contrary, they are not sufficient grounds for denying the other evidence, the Trademark Review and Adjudication Board should be combined circumstances of the case, to determine the strength of the evidence provided by one party is significantly larger than the other party to provide evidence probative force, and greater evidence of probative force to be recognized.
Because the evidence can not determine the cause is difficult to ascertain the facts in dispute, Trademark Review and Adjudication Board shall be based on the principle of allocation of the burden of proof to judge.
Article 52 review process, the parties in the application, defense, and the agent's proxy statement in recognition of one's own words the facts and recognition of adverse evidence, Trademark Review and Adjudication Board shall be recognized, but the parties go back and have evidence to the contrary is sufficient to overturn the exception.
Article 53 The party of their own position is that I can not make other statements and evidence, and not support its claims. However, the other party, except approved.
Article 54 The Trademark Review and Adjudication Board to the fact that several pieces of evidence the probative force of the same, in accordance with the following principles:
(A) State organs and other functional departments in accordance with terms better than the other instruments, documents produced documentary evidence;
(B) the conclusions of archival material as well as notarized or registered in other documentary evidence over documentary evidence, audio-visual materials and testimony of witnesses;
(C) the original, better than the original copies or duplicates;
(D) the legal department of the conclusions of identification other than identification of sectors conclusions;
(E) is better than the original evidence heard evidence;
(Vi) other than the testimony of witnesses and the parties have close ties of kinship or other witnesses provided testimony favorable to the party;
(G) attend the public review the testimony of witnesses did not attend the public review than the testimony of witnesses to testify;
(H) a number of different types, consistent evidence than an isolated evidence.

Chapter V service

Article 55, including during the statutory period and the Trademark Review and Adjudication Board specified period.
During the day, month, year on year. During the start of the day, not counting the period.
Expiry of the period is the last day of holiday to the first working day after the holiday as the date of expiry of the period.
Article 56 The parties to the Trademark Review and Adjudication Board of the documents or the date materials, direct submission to submit for date; mailed, the postmark date shall prevail; postmark date is not clear or there is no postmark, to mark Review Committee shall be the date actually received, but the parties are able to put forward evidence of actual postmark date, except.
Article 57 The Trademark Review and Adjudication Board documents, by mail, or submitted directly served by other parties. Party entrusts a trademark agency organization, service of documents served on the parties as a trademark agency organization.
Trademark Review and Adjudication Board to the parties the date of service of various documents, mail to whichever party received the postmark date; postmark date is not clear or there is no postmark, or not returned by the post office, since the file from the date of issue 15 Japan, as served on the parties; direct submission to submit for date. File can not be submitted directly by mail or can not, you can notice served by the parties, since the announcement 30 days from the date of the document deemed to have been delivered.
Article 58 The parties in the People's Republic of residence or business is not always foreigners or foreign companies, set out by the trademark registration file trademark trademark agency review process to bear the trademark sign legal documents related obligations; Trademark Review and Adjudication Board to the relevant legal documents to the trademark agency organization, as served on the parties.
Trademark agency organizations in the preceding paragraph before the relevant legal documents with the lifting of the foreign trademark agency relationship between the parties, shall be in writing to the Trademark Review and Adjudication Board explain the situation, and since the receipt of the documents within 10 days from the date of the relevant legal documents to the Trademark Review and Adjudication Board, be served by the Trademark Review and Adjudication Board.
Madrid international registration of trademarks involves forwarding the relevant documents in the International Bureau, it shall submit appropriate evidence of delivery. Uncommitted, should explain the reasons in writing, from the date of the International Bureau issued a document 15 as a full service.
The method can not be served, and notice served.

Chapter VI Supplementary Provisions

Article 59 Trademark Law decided on December 1, 2001 occurred prior to the implementation, are the revised Trademark Law Article IV, Article V, Article VIII, Article 9, Article 10, paragraph (a), (c), (d), 10 second paragraph, 11, 12, 13, 15, 16 and Article 24, 25, 31 of cited case, the Trademark Law Trademark Review and Adjudication Board for review after the implementation of the decision, according to the corresponding provisions of the revised Trademark Law for review; other circumstances, the Trademark Review and Adjudication Board of the former Trademark Law applicable to the corresponding provisions for assessment.
Decision on the parties in implementing the changes registered trademark full-year dispute over a trademark, the Trademark Review and Adjudication Board for review and applicable trademark law before the amendment under paragraph 2 of Article 27 time limit for making the application; the parties to the Trademark Law decide when to modify the implementation of a trademark registered less than one year dispute, the Trademark Review and Adjudication Board for review and applicable provisions of the revised Trademark Law Article 41 third paragraph of the application processing period.
The units or individuals to modify the decision in trademark law before the amendment prior to the implementation in accordance with Article 27 of the Trademark Law and its implementing provisions of Rule 25 of the review application, is Article XIII of the revised Trademark Law, 15, 16 and 31 cases of provisions, the revised Trademark Law does not apply under paragraph 2 Article 41 the limit of the assessment of applications made.
Article 60 The Trademark Review and Adjudication matters for the document format, by the State Administration for Industry to develop and publish.
Article 61 rules by the State Administration for Industry and is responsible for interpretation.
Article 62 These Rules October 26, 2005 shall come into force.

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