(November 2, 1995, the Administration for industry and Commerce announced, 37th; September 17, 2002 the State administration for industry and commerce, the 3rd the first amendment, September 26, 2005 the State administration for industry and commerce the 20th second amendments come into force on October 26, 2005) Chapter I General provisions article in accordance with the People's Republic of China trademark law (hereinafter referred to as trademarks) and the People's Republic of China implementing regulations of the trademark law (hereinafter referred to as the implementation regulations) of the
    , These rules are formulated. Second article according to trademark law and implementation Ordinance of provides, National Business Administration General trademark Review Committee (following referred to trademark Review Committee) is responsible for processing following trademark review case: (a) refuses to national business administration General trademark Council (following referred to trademark Council) dismissed trademark registered application of decided, according to trademark law 32nd article provides application review of case; (ii) refuses to trademark Council of objections ruled, according to trademark law 33rd article provides application review of case; (three) on has registered of trademark,
    According to the trademark request rescind the 41st article cases; (iv) refuses to accept the trademark office in accordance with the trademark law article 41st, 44th, 45th, made the decision to revoke or maintain a registered trademark according to the 49th article of the trademark law, apply for a review of the case.
    Review the third parties participate in the trademark dispute cases, shall be made in written form.
    Fourth the trademark review and adjudication Board hearing trademark cases written, but according to the regulations for the implementation of article 33rd decision except in the case of the public review.
    Fifth trademark Review Commission in accordance with the trademark law and the regulations for the implementation of decisions taken and the rules and orders, and shall notify the party concerned in writing and state the reasons.
    Sixth, except as otherwise provided in these rules, the trademark review and adjudication Board hearing trademark cases collegial system, composed of the trademark review and collegial group trial.
    Collegiate Panel hear the case, the principle of the minority subordinate to the majority.
    Article seventh party or interested persons according to the provisions of the regulations for the implementation of the Nineth for trademark review and adjudication officer withdrawal, shall be made in written form, and explain the reasons. Eighth in the trademark review and adjudication period, parties have the right to dispose of its own trademarks and trademark-related rights.
    Having regard to the community under the premise of public interest, the rights of third parties, can in writing between the parties reach a settlement, the trademark review and adjudication Board may also mediate. Nineth total trademark parties to participate in the trademark review and adjudication activities, shall designate a person to represent people; representative is not specified, with its trademark application or trademark registration book in the order set out in first person as the representative.
    Representatives who participate in the review on the effectiveness of the parties they represent, they represent change, waiver review request or review request of the other party, must have a representative authorized in writing by the parties.
    The tenth foreign person or foreign enterprise for trademark review, with habitual residence or business office in China may be entrusted with national accreditation has trademark qualification acting, can also be directly handled; no habitual residence or business office in China shall entrust acting national accreditation has trademark qualification.
    Delegate permissions to change agent, agent expires or changes, the party or his agent shall promptly notify the trademark review and adjudication Board.
    11th the parties and their representatives can apply for access to materials related to the case.
    Second chapter application and accepted 12th article application trademark review, should meet following conditions: (a) applicants must has legal of subject qualification; (ii) in statutory term within proposed; (three) belongs to trademark Review Committee of review range; (four) law submitted meet provides of applications and the about evidence material; (five) has clear of review requests, and facts according to and reason; (six) law paid review costs.
    13th article application trademark review, should to trademark Review Committee submitted applications; has was applicants of, should according to was applicants of number submitted corresponding copies number of copy; applicants of trademark occurred transfer, and transfer, has to trademark Council proposed application but yet approved announcement of, applicants should provides corresponding of proved file; based on trademark Council of decided book or ruled book application review of, also should while comes with trademark Council of decided book or ruled book. 14th application shall contain the following particulars: (a) the applicant's name, place of residence, mailing address, contact person and contact phone number. Review application is whether an applicant, shall set forth the name and domicile of the applicant.
    Principal-agent Organization for review and adjudication of the trademark, shall contain the trademark agency name, mailing address, contact person and contact phone number; (b) the disputed trademark and its application number or preliminary approval number or registration number and published, the proprietor of the trademark Gazette issues; (c) explicit review requests and are based on the facts, reasons and legal basis.
    Trademark application does not comply with the rules, 15th 12th paragraph (a), (b), (c) the prescribed conditions in one of the trademark review and adjudication Board shall not accept, notify the applicant in writing and state the reasons.
    Trademark application does not comply with the rules, 16th 12th paragraph (iv), (v), (vi) one of the prescribed conditions, or not provided for in the implementing regulation and the rules on the documents, the trademark review and adjudication Board shall issue to the applicant a correction notice, limit the date of receipt of the notification of the correction correction in the 30th. Corrections still does not meet the provisions of the trademark review and adjudication Board shall not accept, notify the applicant in writing and state the reasons.
    Expiration of the correction is not made, according to the regulations for the implementation of article 30th, as withdrawals by assessing applications, the trademark review and adjudication Board shall notify the applicant in writing.
    17th the trademark review and application for review is admissible, the trademark review and adjudication Board shall issue to the applicant the notification of acceptance in the 30th.
    18th article trademark Review Committee has accepted of trademark review application, has following case one of of, belongs to not meet accepted conditions, should according to implementation Ordinance 30th article provides be dismissed: (a) violation trademark law 42nd article provides, on approved registered Qian has proposed objections and by ruled of trademark, and to same of facts and reason application ruled of; (ii) violation implementation Ordinance 35th article provides, applicants withdrawn trademark review application Hou, and to same of facts and reason again proposed review application of;
    (C) the violation of the regulations for the implementation of article 35th, the trademark review and adjudication Board determination or decision has been made, based on the same facts and reason to make an application for assessment of and (iv) other circumstances that are not admissible.
    Trademark review and adjudication Board dismissed the trademark application shall inform the applicant in writing and state the reasons.
    19th, filed with the respondent, the trademark review and adjudication Board accepted, should be served on the respondent a copy of the application and the evidence materials, limiting their 30th since the day of receipt of the copy of the application to the trademark review and adjudication Board within the respondent and the corresponding number of copies in accordance with the number of applicants; expiration does not submit or late submission of, waived in reply. 20th the parties need to make an application for assessment or reply to add the relevant evidentiary material, it should be declared in the application or reply, and since the submission of the application, or within 3 months from the date of the reply forwarded on the application or answer the same number of evidentiary materials; is not declared in the application form or answer or expiration of uncommitted, construed as a waiver of additional relevant evidence materials.
    However, after expiry based on new facts, evidence or other justifiable reasons otherwise.
    On the evidence provided by the parties within the statutory time limit, the other party, the trademark review and adjudication Board shall send the evidence to the other parties, within a specified time limit its cross-examination. 21st when the application submitted by the applicant or respondent the respondent shall submit valid documents to prove his identity.
    Name of the applicant or the respondent should correspond with the submitted documents.
    Matters such as changes of party name or residence shall provide the corresponding supporting documents.
    22nd the Parties shall on the evidence submitted by each category number inventory and production, sources of evidence, proof of the facts briefly, and seal.
    The trademark review and adjudication Board after receipt of the evidence submitted by the parties, should be in the directory listing check the evidence and sign by the person in charge of the receipt, indicating the date of submission. 23rd the trademark review applications and the relevant evidentiary material shall be in accordance with the format and requirements completed, provide. Not format and required, pursuant to the provisions provided by the trademark review and adjudication Board issued a correction notice to the applicant, limit the date of receipt of the notification of the correction correction in the 30th.
    Corrections still does not meet the requirements or the expiration of the correction is not made, the provisions of these rules shall apply to the 16th article. Trademark review relevant evidence in his defense and materials should be in accordance with the prescribed form to fill out, and asked to provide. Not provided format and required, pursuant to the provisions of, the trademark review and adjudication Board correction notice to respondent, limit the date of receipt of the notification of the correction correction in the 30th.
    Corrections still does not meet the requirements or the expiration of the correction is not made, does not affect the trademark review and adjudication Board of review. Chapter III trial 24th trademark cases before the trademark review and adjudication Board shall form a collegial group trial. Collegiate groups by the trademark review and adjudication staff composed of 3 or more.
    But has following case one of of case, can by trademark review personnel a people alone any review: (a) trademark Council made dismissed decided, and objections ruled by citation of trademark in review Shi has lost dedicated right or prior right of; (ii) was requests ruled revoked of trademark has lost dedicated right of; (three) trademark Council made dismissed decided by citation of trademark return applicants all, for applicants not timely handle change procedures was trademark Council dismissed, review Shi applicants has to trademark Council application do finished change procedures of;
    (D) decision of the Trademark Office citing any prior application or registered trademark, accreditation has approved the transfer to the applicant, and (v) other independent review of the case.
    25th a party or an interested person according to the regulations for the implementation of the Nineth and seventh of the present rules of the regulations of the trademark review and staff applying for the withdrawal, been requested to withdraw the trademark review and adjudication officer before making a decision on whether to avoid the trademark review and adjudication Board shall suspend his participation in the proceedings of the trial. Received after the trademark review and adjudication Board in making a decision or ruling party avoided the question or interested person to apply for, and does not affect the validity of accreditation decision, determination.
    But judges do exist need to be avoided, the trademark review and adjudication Board shall be dealt with according to law. 26th the trademark review and adjudication Board proposed recusal on the parties, and shall, after receipt of the application within the 7th, in writing a decision and notify the applicant in writing. Applicants not refuses to accept the decision made by the trademark review and adjudication Board, after receiving the decision may apply for reconsideration once within the 3rd. During the time of reconsideration was requested to withdraw the trademark review and adjudication officer, did not stop his participation in the proceedings of the trial.
    The trademark review and adjudication Board for reconsideration shall make a reconsideration decision within the 3rd, and notify the applicant in writing. 27th the trademark review and adjudication Board to hear appeal against the decisions of the trademark Board rejected the application for trademark registration review cases subject to trademark law should apply the tenth, 11th, 12th and 16th outside the provisions of the first paragraph of article, should be for a PTO decision and the applicant applied for a review of the facts and reasons, request and review status of review.
    The trademark review and adjudication Board review of decisions under the foregoing provisions of this article shall, before hearing the views of the applicant.
    28th the trademark review and adjudication Board to hear appeal against the adjudication by the trademark office review of cases should be for parties to review applications and the review of the facts, reasons and request for reply.
    29th the trademark review and adjudication Board hearing based on trademark law 41st request to cancel a registered trademark cases decided, should be for a party applying for and defense of the facts, reasons and request for review.
    30th the trademark review and adjudication Board hearing against the trademark office in accordance with the trademark law 41st article Remand of the decision taken to cancel a registered trademark, and Trademark Office decision and the applicant applied for a review of the facts, reasons and request a review. Trademark review and adjudication Board hearing against the trademark office in accordance with the trademark law of the 44th, 45th article, revoke or maintain decided to review the case of a registered trademark shall be made against the Trademark Office revoked or maintain a registered trademark decision based on facts, reason and law review.
    However, according to the 44th article of the trademark law (d), apply for a review of the cases require additional evidence and justified exception.
    31st in the trademark review and adjudication process, the trademark rights of the parties, transfer, the assignee or successor shall promptly declare in written form under the assignor's status, participate in the follow-up review review of program and bear the consequences.
    32nd under any of the following circumstances, terminate the review: (a) the death or termination of the applicant without an heir or heirs give up rights of review, (ii) withdrawals by the assessment of applications, (iii) the parties of their own accord or by the trademark review and adjudication Board reached an agreement after mediation and (iv) other circumstances that should terminate the review.
    Of termination of accreditation, the trademark review and adjudication Board shall be closed, notify the party concerned in writing and state the reasons. 33rd Strip collegiate Panel hear the case shall make a collegiate record and signed by the members of the collegial panel.
    Collegiate members of the group have different views, should be recorded accurately the collegiate record.
    Through the trial of a case, the trademark review and adjudication Board shall make a decision or ruling.
    34th article trademark Review Committee made of decided book, and ruled book should contains Ming following content: (a) review requests, and dispute of facts and reason; (ii) decided or ruled finds of facts, and reason and applies of legal according to; (three) decided or ruled conclusion; (four) can for party selection of follow-up program and time; (five) decided, and ruled made of date.
    Decision, order in writing signed by the members of the collegiate Panel, stamped with the seal of the trademark review and adjudication Board.
    35th on the trademark review and adjudication Board decisions or orders, the parties appealed against the Court, should be submitted to the people's Court complaint at the same time or the complaint no later than 15th copy or notify the trademark review and adjudication Board.
    Made by the trademark review and adjudication Board decisions or orders not received within 60 days from the date of issue the people's Court or any cases of prosecution of information concerning the decision, determination, considered as interested parties is not brought to court, the decision or orders transferred to the trademark Bureau.
    36th the trademark review and adjudication Board requests or needs of the parties, may decide to review applications for public review.
    37th article may, at the request of the public review, should the need for a public review of the specific reasons.
    38th applicants request for public review shall, from the date of receipt of the copy of the applicant's reply in writing to the trademark review and adjudication Board in the 15th; request for public review of the applicant, in reply to the trademark review and adjudication Board book or supplement when I present evidence material.
    39th public assessment of the specific programs by the trademark review and adjudication Board shall be separately stipulated. Fourth chapter of evidence rule 40th party for their own review request on the basis of facts or contradict each other review request was based on the fact that had the responsibility to provide the evidence to prove it.
    No evidence or insufficient evidence to prove claims, by bears the burden of proof of the parties bear the adverse consequences.
    Party to the other party stating the facts of the case made it clear that acknowledged, without giving evidence by the other party.
    On the facts as presented by one of the parties, the other party has neither acknowledged nor denied, as a recognition of that fact. Party concerned entrusts an agent to participate in the review, admitted as a party to such agent admitted.
    But without a special authorized agent of the facts except for acknowledge review request directly leading to the recognition of each other's party scene, but a recognition of its agents not to repudiate it, as recognized by the parties.
    41st the fact parties need not adduce evidence to prove that: (a) a well-known fact; (b) in accordance with the law the presumption of fact, (iii) has been proven fact; (d) based on the everyday experience of presumption of law; (e) other facts without proof according to law.
    However, unless there is evidence to the contrary, sufficient to overturn by the parties. The 42nd with the trademark review and adjudication Board provides documentary evidence of the parties, shall provide the original, including original, original and copy.
    Provision of originals difficult, you can provide the appropriate copies, photographs or extracts of; custody of documentary evidence provided by the relevant departments of the original copy, photocopy or copying parts, you should indicate the source, after the check is stamped its seal. The trademark review and adjudication Board to provide evidence by the parties, it shall provide originals.
    Provision of originals difficult, can provide the appropriate copies of or that the evidence photos, videos and other evidence; original for a large number of species, provide a part of.
    Party to the other party copies of the documentary evidence, material evidence or doubt and supported by appropriate evidence such as photographs, or the trademark review and adjudication Board considers it necessary, challenged the Parties shall provide or produce originals or notarized copies of the evidence.
    43rd the evidence provided by the parties with the trademark review and adjudication Board of People's Republic of China formed outside the territory, or in Hong Kong, Macao and Taiwan regions, there is any doubt on the evidence of the other party and supported by relevant evidence, or deemed necessary by the trademark review and adjudication Board shall, in accordance with relevant provisions of corresponding notarial certification procedures. 44th parties with the trademark review and adjudication Board provides documentary evidence or information in foreign languages in foreign languages, should be accompanied by a Chinese translation.
    The Chinese translation is not submitted by the parties of the evidence submitted in a foreign language, the foreign evidence is regarded as not submitted. The other party disagrees with the content of translation, Chinese translation should be part of dissent.
    If necessary, the parties authorised unit may be entrusted to the full text, or used parts or parts of dissent for translation. Commissioned the translation of the parties cannot reach agreement, the trademark review and adjudication Board may specify a translation unit to full text, or disagrees with the part or parts that are used for translation.
    Delegates necessary for translation expenses shall be borne by the parties 50%; refuse to cover the cost of translation, is deemed to be admitted the submission of translations.
    45th article on single evidence has no proved force and proved force size can from following aspects for audit finds: (a) evidence whether original, and original, copies, and copies and original, and original whether match; (ii) evidence and this case facts whether related; (three) evidence of form, and source whether meet legal provides; (four) evidence of content whether real; (five) witnesses or provides evidence of people, and party has no interest relationship.
    Article 46th review the totality of the evidence in the case, should be associated from the evidence and the facts of the case level, the link between evidence and other aspects of comprehensive review of the judgment.
    47th article following evidence cannot separate as finds case facts of according to: (a) not adults made of with age and intelligence status not phase adapted of testimony; (ii) and party party has relatives relationship, and membership relationship or other close relationship of witnesses made of on the party favourable of testimony, or and party party has adverse relationship of witnesses made of on the party adverse of testimony; (three) should participate in public review testified and no due reason not participate in public review testified of witnesses testimony;
    (D) it is difficult to identify whether the modified audio-visual materials; (v) could not be checked against the original, the original copy or reproduction (vi) by one of the parties or other changes, the other party would not be recognized by evidentiary material; (VII) other not alone as facts based on the evidence.
    48th article party party proposed of following evidence, other party proposed objections but no enough to refuted of instead evidence of, trademark Review Committee should confirmed its proved force: (a) documentary original or and documentary original check correct of copies, and photos, and copy, and excerpt this; (ii) evidence original or and evidence original check correct of copy pieces, and photos, and video information,; (three) has other evidence support and to legal means made of, and no doubts of audio-visual information or and audio-visual information check correct of copy pieces.
    49th party delegate identification Department's conclusion, contrary to what the other party is not enough to rebut evidence and reason, finds that its probative value.
    50th party evidence, accepted by the other party or to the contrary evidence sufficient to rebut, the trademark review and adjudication Board may confirm the probative value.
    Evidence presented by the parties, dissent and to present rebuttal evidence by the other party, the other party to refute the evidence accepted, you can confirm the probative force of the evidence in rebuttal.
    51st parties on the same fact to quote evidence to the contrary, but not enough based on no other evidence, the trademark review and adjudication Board shall be combined with the circumstances of the case, determine whether the probative value of the evidence provided significantly greater than the power of the other party with evidence, and of great probative evidence to confirm it.
    Due to a judgment leads to the facts of the dispute the probative force of the evidence difficult to prove, the trademark review and adjudication Board shall make judgments based on the distribution of burden of proof.
    52nd in the review process, parties in the application, the defence, representation, and its agent recognized against the counterparty in the representation of facts and evidence are accepted, the trademark review and adjudication Board shall confirm, except go back and there is evidence to the contrary, sufficient to overturn by the parties. 53rd parties on their claims, only statements not put forward any other relevant evidence, their claims will not support it.
    But the other party unless authorized by the parties.
    54th article trademark Review Committee on number a evidence on same facts of proved force, can in accordance with following principles finds: (a) State and other functions sector according to terms making of documents instruments is better than other documentary; (ii) identification conclusion, and archives material and after notary or registration of documentary is better than other documentary, and audio-visual information and witnesses testimony; (three) original, and original is better than copy pieces, and copies; (four) statutory identification sector of identification conclusion is better than other identification sector of identification conclusion;
    (E) the original evidence than there was evidence; (vi) is superior to other witness testimony and the party have relatives close relationships or other witness gave testimony favorable to that party; (VII) to participate in the public review the testimony of a witness to testify than did not participate in the public review the testimony of a witness to testify; (h) several different types, is better than an isolated evidence of consistent evidence.
    During the fifth chapter, served during the 55th including statutory period and the trademark review and adjudication Board within the period specified. During the day, month and year.
    During the day, not counting the period.
    Period expires on the last day of a holiday, during the holidays for the first working day after the date of expiration.
    56th party with the trademark review and adjudication Board date of documents or material submitted, sent, subject to the application date; mail, subject to date of postmark; postmark date is not clear or there is no postmark, the trademark review and adjudication Board date of actual receipt shall prevail, but except for the parties to present evidence of actual date of postmark. 57th various files the trademark review and adjudication Board, can be served by mail, by personal delivery or by other means.
    Party entrusts a trademark Agency, files trademark Agency shall be deemed served on the parties. The trademark review and adjudication Board to the document served on the parties of the date, sent by mail, the received date of postmark shall prevail; postmark date is not clear or there is no postmark, or not returned by post office, since the paper was issued from the date of 15th, as served directly submitted, subject to the application date.
    File could not be sent or cannot be submitted directly, may by notice served on the parties, from the date of announcement of the 30th, the document shall be deemed to have been served.
    Article 58th is People's Republic of China no habitual residence or place of foreigners or foreign companies, the trademark registration files containing the trademark agency organizations bear the trademark review and adjudication procedures of the trademark in the relevant legal documents signed obligations; the trademark review and adjudication Board relevant legal documents to the trademark Agency, seen as served.
    Trademark Agency referred to in the preceding paragraph about the service of legal documents before the termination of trademark agency relations with foreign parties, shall be made in writing to the trademark review and adjudication Board about the situation, and 10th will be the date of receipt of the file-related legal documents returned to the trademark review and adjudication Board, served by the trademark review and adjudication Board separately. Madrid International registration of trademarks involves the International Bureau forwarding the relevant documents, shall be submitted to the appropriate service of evidence.
    Uncommitted, it shall explain the reasons in writing, since the 15th, after the date on which the International Bureau deemed to be effected.
    Such undeliverable, service by public announcement. Sixth chapter schedule 59th article on trademark law modified decided Yu on December 1, 2001 purposes Qian occurred, belongs to modified Hou trademark law fourth article, and fifth article, and eighth article, and Nineth article first paragraph, and tenth article first paragraph subsection (a), and (three), and (four) items, and tenth article second paragraph, and 11th article, and 12th article, and 13th article, and 15th article, and 16th article, and 24th article, and 25th article, and 31st article by listed of case, trademark Review Committee in trademark law modified decided purposes Hou for review of,
    According to the corresponding provisions of the trademark law as modified Rae belonging to other situations, the trademark review and adjudication Committee for review prior to the corresponding provisions of the trademark law.
    Party on trademark law modified decided purposes Shi registered has full a years of trademark produced dispute, to trademark Review Committee application review of, applies modified Qian trademark law 27th article second paragraph provides of proposed application of term processing; party on trademark law modified decided purposes Shi registered discontent a years of trademark produced dispute, to trademark Review Committee application review of, applies modified Hou trademark law 41st article third paragraph provides of proposed application of term processing.
    Units or individuals in the trademark law before modifying decisions prior to the implementation of the trademark law in accordance with the modified article 27th and 25th article make an application for assessment of the implementing regulations, which belongs to the 13th, 15th revised trademark law article, 16th and 31st, 41st revised trademark law does not apply provisions of the second paragraph of article make an application for assessment of the period.
    Format required for review and adjudication of the 60th instrument, formulated by the State administration for industry and Commerce and publishing.
    61st by the State administration for industry and commerce is responsible for the interpretation of these rules.
                                                                                The 62nd article of these rules come into force on October 26, 2005.