The State Administration for Industry and Commerce Order of the State Administration for Industry and Commerce of the People’s Republic of China No.3 The Rules for Trademark Review and Adjudication promulgated by Order No.37 of the former State Administration for Industry and Commerce Director of the State Administration for Industry and Commerce Wang Zhongfu September 17, 2002 Rules for Trademark Review and Adjudication Chapter I General Rules Article 1 These Rules are formulated in accordance with the Trademark Law of the People’s Republic of China (hereinafter referred to as the Article 2 According to the Trademark Law and the Implementation Regulations, the Trademark Review and Adjudication Board of the State Administration 1) The case in which a party refuses to accept the decision of the Trademark Office of the State Administration for Industry and Commerce 2) The case in which a party refuses to accept the ruling of the Trademark Office concerning objection and applies for re-examination 3) The case in which a party requests the ruling on cancellation of a registered trademark pursuant to Article 41 of the Trademark Law; 4) The case in which a party refuses to accept the decision made by the Trademark Office, pursuant to Paragraph 1 of Article 41 , Article Article 3 Where a party participates in the review and adjudication (hereinafter referred to as review) of cases concerning trademark disputes, Article 4 In the review of cases concerning trademark disputes, the Board shall take facts as the basis and the law as criterion. Article 5 In the review of cases concerning trademark disputes, the Board shall treat the parties impartially with respect to the application Article 6 The Board shall review the cases concerning trademark disputes by examining the records, with the exception of the situations for Article 7 The decisions and rulings made by the Board pursuant to the Trademark Law, the Implementation Regulations and the present Rules shall Article 8 Except that there are otherwise provisions in the present Rules, the Board shall apply the collegial system in the review of cases Collegial panels shall apply the principle of “the minority is subordinate to the majority” in the review of cases. Article 9 According to Article 9 of the Implementation Regulations, a trademark reviewing officer involved in any of the following situations 1) Being a party or the close relative of a party or agent of the case under review; 2) Having other relations with a party or agent that may affect the justice of review; 3) Having interest relations with the trademark review matters. Where a party or interest person applies for the withdrawal of a trademark reviewing officer, it shall do so by written form and explain Article 10 During the trademark review, a party shall, pursuant to law, have the right to dispose of his own trademark right and the rights related Article 11 Where the co-owners of a trademark participate in the trademark review, they shall designate one person as the representative; if Article 12 Where foreigners or foreign enterprises handle the trademark review matters, those having regular residence or business places in Article 13 A party shall submit the trust deed if it entrusts an organization of trademark agency to participate in the trademark review. The The trust deed of a foreigner or foreign enterprise and the notarization and certification procedures of the relevant certifications The foreigner or foreign enterprise applying for or participating in the trademark review shall use Chinese; and there shall be Chinese Article 14 Where the authorization to the agent is altered or the agency relation is dissolved, the parties shall inform the Board by written Article 15 The parties, interested persons and agents of a case may apply for consulting the relevant materials of that case, and may apply for Chapter II Application and Acceptance Article 16 One shall meet the following conditions to apply for trademark review: 1) The applicant shall be a legally qualified subject; 2) The application shall be filed within the legal time limit; 3) The application shall be within the scope of review of the Board; 4) The applicant shall submit the application forms and the relevant evidences conforming to the provisions; 5) The applicant shall have definite review claims, fact basis and reasons; 6) The applicant shall pay the expenses of the review. Article 17 To apply for trademark review, one shall submit the application forms to the Board; where there are parties against whom the application Article 18 An application form shall indicate the following matters: 1) The name, domicile and post code of the applicant, if the applicant is a legal person or other organization, the name and post_title of 2) The name, the application number or preliminary examination number, the registration number of the disputed trademark, and the issue 3) Definite claims of trademark review, and the facts, reasons and legal grounds on which the claims are based; 4) The name and contact telephone number of the contact person. Where there is any defending party, the name and domicile of that party shall be indicated. Where an organization of trademark agency Article 19 Where an application for trademark review fails to meet any of the conditions provided for in Items 1), 2) and 3) of Article 16 of Article 20 Where an application for trademark review fails to meet any of the conditions provided for in Items 4), 5) and 6) of the present Rules, If the corrected and supplemented documents still fail to meet the requirements of the provisions, the Board shall dismiss the application, Article 21 If an application for trademark review meets the conditions for acceptance after examination, the Board shall circulate the Notification Article 22 If an application that has already been accepted by the Board is in any of the following situations, it shall be dismissed pursuant 1) If an applicant, in violation of Article 42 of the Trademark Law, applies, on the basis of the same facts and reasons, for ruling 2) If an applicant withdraws an application for trademark review and, in violation of Article 35 of the Implementation Regulations, 3) If an applicant, in violation of Article 35 of the Implementation Regulations, applies for review with respect to the ruling or decision 4) Other situations that fail to meet the conditions for acceptance. In case of dismissal of an applicant for trademark review, the Board shall notify the applicant and explain the reasons by written Article 23 If an applicant needs to supplement the relevant evidence materials after filing the application forms, it shall declare in the application Article 24 Where there are defending parties, the Board shall send the counterparts of the application forms and the relevant evidence materials Article 25 if a defending party needs to supplement the relevant evidence materials after submitting the written pleadings, it shall declare Article 26 After receiving the written pleadings and evidence materials from the defending parties, the Board shall send the counterparts of Where an applicant has any contrary evidence against the written pleadings and the evidence materials provided by the defending parties, Article 27 When an applicant submits the application forms or a defending party submits the written pleadings, he shall at the same time submit In case of alteration of the name or domicile of a party concerned, the relevant certifications shall be submitted. Article 28 A party concerned shall classify and number the evidence materials submitted by him one by one, and make a list of them to brief the After receiving the evidence materials submitted by the parties, the Board shall verify the evidence materials according to the list Article 29 The application forms for trademark review and the relevant evidence materials shall be filled in and provided pursuant to the prescribed The written pleadings and the relevant evidence materials of trademark review shall be filled in and provided pursuant to the prescribed Chapter III Trial Article 30 The Board shall form a collegial panel to try the case concerning trademark review. The collegial panel shall be composed of 3 trademark Article 31 A case involves any of the following circumstances may be tried by a single trademark reviewing officer: 1) The trademark cited by the Trademark Office in the decision on dismissal or ruling concerning objection has lost the exclusive right 2) The trademark for which the ruling of cancellation is requested has lost the exclusive right; 3) The trademark cited by the Trademark Office in the decision of dismissal belongs to the applicant, and the application is dismissed 4) The trademark, which was applied for or registered by others earlier, cited by the Trademark Office in the decision of dismissal has 5) Any other case which the Board decides to be tried by a single trademark reviewing officer. Article 32 After the trademark reviewing officers have been determined, the Board shall promptly inform the parties concerned by written form. Article 33 Where any party or interested person applies for the withdrawal of any trademark reviewing officer pursuant to Article 9 of the Implementation The trademark reviewing officer against whom the application for withdrawal is filed shall suspend his work in the trial of the case If the Board receives the application for withdrawal filed by a party or interested person after the decision or reward has been made, Article 34 With respect to the application for withdrawal filed by a party, the Board shall make the decision in written form within 7 days from Article 35 In the trial of a re-examination case in which a party refuses to accept the decision made by the Trademark Office on dismissing the Article 36 In the trial of a re-examination case concerning the ruling of the Trademark Office concerning objection, the Board shall review the Article 37 In the trial of a re-examination case in which a party refuses to accept the decision made by the Trademark Office, pursuant to Paragraph In the trial of a re-examination case in which a party refuses to accept the decision made by the Trademark Office, pursuant to Articles Article 38 In the trial of a case in which a party applies for the cancellation of a registered trademark pursuant to Article 41 of the Trademark Article 39 The review shall be terminated under any of the following circumstances: 1) The applicant dies and there is no inheritor, or the inheritor abandons the right of review; 2) The applicant withdraws the application for review; 3) The parties concerned settled the dispute through agreement; 4) Other circumstances under which the review shall be terminated. In case of termination of the review, the Board shall conclude the case and notify the parties concerned by written form and explain Article 40 If an applicant requests to withdraw the application before the Board makes the decision or ruling, it may do so after explaining Article 41 The collegial panel shall make a record of review for the case it tried, and the panel members shall sign on the record. Where any The Board shall make the decision or ruling for a concluded case pursuant to law. Article 42 The written decision or ruling rendered by the Board shall indicate the following contents: 1) Claims of review, facts and reasons of the dispute; 2) Facts and reasons ascertained by the decision or ruling and the legal basis applied; 3) Conclusion of the decision or ruling; 4) Follow-up procedures available for the parties to select and the time limit thereof; 5) Date of the making of decision or ruling. The written decision or ruling shall be signed by the collegial panel members and bear the seal of the Board. Article 43 With respect to a case in which a party refuses to accept the decision or ruling made by the Board and files an action with the people’s Article 44 If no party files an action with the people’s court against the decision or ruling made by the Board within the statutory time limit, Chapter IV Public Review Article 45 The board may, according to the request of a party or the actual needs, decide to hold a public review of the application. Article 46 The party requesting for a public review shall present the specific reasons for his request. Article 47 The Board may, at the request of any party, decide to hold a public review of any of the following cases involving the parties from 1) One party requests to make cross-examination and debate face to face with the opposing party with respect to the important evidence; 2) Where it is necessary to request the witness who has given important testimony to testify or to make cross-examination. Article 48 The applicant requesting for a public review shall, within 15 days from receiving the counterpart of the written pleadings from the Article 49 Under any of the following circumstances, the Board may decide to hold a public review by itself: 1) The ascertaining of important evidence needs the parties from both sides to make a cross-examination or debate face to face; 2) The ascertaining of important evidence needs the witness who has given testimony to make a cross-examination or be enquired; 3) Other circumstances that need public reviews. Article 50 With respect to a case that has been publicly reviewed, the Board may decide to hold the public review again if it deems necessary. Article 51 A public review shall examine the evidence materials that have been submitted to the Board and been exchanged between the parties Article 52 If a public review is to be held, the collegial panel shall, 15 days before the public review is held, notify the parties of the case Article 53 The parties shall, 3 days before the public review is held, submit the return receipt of the notification on the review to the Board. Article 54 The return receipt of the notification on public review shall bear the signatures or seals of the parties. Those expressing to attend Where the witness who has given testimony is requested to testify at the public review, the name of that witness, the relevant information Article 55 The number of the persons accredited by the parties from each side to attend the public review, including the agents of the entrusted Article 56 Before a public review starts, the Board may hold a preliminary meeting which is participated in by the parties from both sides to The collegial panel shall make a record of the opinions of the parties at the preliminary meeting, and the record shall be verified Article 57 At the start of a public review, the collegial panel shall verify the identification certificates of the participants to the public Article 58 Before the investigation of the public review starts, the collegial panel shall briefly introduce the basic information about the Article 59 The investigation of public review shall be carried out pursuant to the following order: 1) The applicant states the claims of review, and briefly states the relevant facts and evidence; 2) The defending party gives pleadings; 3) The collegial panel verifies the claims of review, the reasons and the evidence submitted by the parties of this case; 4) The applicant produces evidence for the reasons for his claims of review and the facts and evidence on which those claims are based; 5) The defending party makes the cross-examination and produces counter-evidences, and the applicant makes the cross-examination over Article 60 In a case publicly reviewed, the evidence shall be shown at the public review and be cross-examined by the parties. The evidence that In the cross-examination of documentary evidence, physical evidence and audiovisual reference materials, the parties shall have the Article 61 In the cross-examination, the parties shall, centering on the authenticity, relevancy and legality of the evidence, make inquiry, Article 62 The cross-examination shall observe the following order: 1) The applicant presents the evidence, and the defending party makes the cross-examination against the applicant; 2) The defending party presents the evidence, and the applicant makes the cross-examination against the defending party. Article 63 The members of the collegial panel may raise questions over the relevant facts and evidence to the parties, and may request the parties A party may enquire the witnesses upon the permission of the collegial panel. When enquiring the witnesses, the party may not use threatening or insulting words or means. Article 64 A witness may not audit at the public review; when a witness is enquired, other witnesses may not be present. The Board may ask the witness to make confrontations when it deems necessary. Article 65 Oral debate shall be carried out after the investigation of public review ends. The parties shall state their opinions respectively Under the circumstance that the two parties have no dispute over the evidence and fac
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