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Trademark Review and Adjudication Rules


ORDER OF
STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE
NO. 65

Trademark Review and Adjudication Rules, which has been reviewed and passed at the executive meeting of the State Administration for Industry And Commerce, is hereby promulgated and shall come into force on June 1, 2014.

Director Zhang Mao

May 28, 2014

Trademark Review and Adjudication Rules

(Promulgated on November 2, 1995 according to the Order No. 37 of the State Administration for Industry and Commerce; revised for the first time on September 17, 2002 according to the Order No. 3 of the State Administration for Industry and Commerce; revised for the second time on September 26, 2005 according to the Order No. 20 of the State Administration for Industry and Commerce; revised for the third time on May 28, 2014 according to the Order No. 65 of the State Administration for Industry and Commerce)

Chapter I General Provisions

Rule 1 

These Rules are hereby formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementing Regulations of the Trademark Law of People's Republic of China (hereinafter referred to as the Implementing Regulations) to standardize the procedure of trademark review and adjudication.
   
                  Rule 2

According to the Trademark Law and the Implementing Regulations, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) shall be responsible for handling the following cases of trademark review and adjudication:

(1) Review case filed according to the provision of Article 34 of the Trademark Law out of dissatisfaction with the decision made by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) on rejection of applications for trademark registration;

(2) Review case filed according to the provision of Article 35(3) of the Trademark Law out of dissatisfaction with decision of denying a registration made by the Trademark Office;

(3) Case of request for invalidation of a registered trademark filed according to the provision of Article 44(1) and Article 45(1) of the Trademark Law;

(4) Review case filed according to the provision of Article 44(2) of the Trademark Law out of dissatisfaction with the decision to invalidate a registered trademark made by the Trademark Office; and

(5) Review cases filed according to the provision of Article 54 of the Trademark Law out of dissatisfaction with a decision to cancel or not to cancel a registered trademark made by the Trademark Office.

In the procedure of trademark review and adjudication, trademarks applied for review prescribed in item (1) in the preceding paragraph are generally called as applied trademarks; trademarks applied for review prescribed in item (2) are generally called as opposed trademarks; trademarks applied for invalidation prescribed in item (3) are generally called as disputed trademarks; trademarks applied for review prescribed in item (4) and item (5) are generally called as reexamined trademarks. In these Rules, the aforementioned trademarks are generally called as reviewed and adjudicated trademarks.

Rule 3

An interested party may participate in the review and adjudication activities by means of writing or electronic data.

The specific measures for participating in the review and adjudication activities by means of electronic data shall be separately formulated by the Trademark Review and Adjudication Board.

Rule 4

The Trademark Review and Adjudication Board shall examine cases of trademark review and adjudication based on the written documents, except those decided to be examined orally according to the provision of Article 60 of the Implementing Regulations.

The specific measures for oral hearing shall be separately formulated by the Trademark Review and Adjudication Board.

                  Rule 5 
The Trademark Review and Adjudication Board shall deliver, in writing or electronic data, to the interested parties, and explain the reason, the decisions and adjudication made according to the Trademark Law, the Implementing Regulations and these Rules.

Rule 6

Unless otherwise provided for in these Rules, the Trademark Review and Adjudication Board adopt the collegial system and more than three singular examiners shall make a collegial panel to examine trademark review and adjudication cases.

When the collegial panel examines a case, the principle of the obedience of minority to majority shall be adopted.

Rule 7

An interested party who applies for withdrawal of an examiner for trademark review and adjudication according to the provision of Article 7 of the Implementing Regulations shall file the application in writing, and explain the reason therefor.

Rule 8

During the review and adjudication, an interested party shall have the right to dispose of, according to law, his trademark right and the right relating to trademark review and adjudication. Without harming public interests or a third party’s rights, interested parties may reach an amicable settlement agreement in writing by themselves or by mediation.

For a case in which interested parties reach an amicable settlement agreement, the Trademark Review and Adjudication Board may close the case or make a decision or adjudication.

Rule 9

Where interested parties who are co-applicants of a case of trademark review and adjudication or co-owners of a trademark participating in the trademark review and adjudication, they shall designate a representative according to the provision of Article 16(1) of the Implementing Regulations.

The act of the representative to participate in the review and adjudication shall have effect on the interested parties he represents, but change of the representative, waiver of the review and adjudication request or acknowledgement of the other party's review and adjudication request shall be authorized in writing by the interested parties represented.

Documents of the Trademark Review and Adjudication Board shall be delivered to the representative.

Rule 10

Where a foreign person or enterprise attending to matter of trademark review and adjudication has habitual residence or place of business in China, he or it may entrust a trademark agency established according to law with, or directly attend to, the matter. Where a foreign person or enterprise attending to the matter of review and adjudication does not have habitual residence or place of business in China, he or it shall entrust a trademark agency established according to law with the matter.

Rule 11

Where there is a change in the scope of power of agency, the agent relations terminate, or there is a change of agent, the interested party shall inform the Trademark Review and Adjudication Board in writing in a timely manner.

Rule 12

Interested parties and agents may apply for consulting documents relevant to a case.

Chapter II Application and Acceptance

Rule 13

Applications for trademark review and adjudication shall conform to the requirements as follows:

(1) The applicants are lawfully qualified subjects;

(2) The applications are filed within the statutory time limit;

(3) The applications fall within the scope of review and adjudication by the Trademark Review and Adjudication Board;

(4) Applications and the relevant proofs that conform to the requirement are submitted according to law;

(5) There are specific requests, facts, grounds and legal bases for the review and adjudication; and

(6) The review and adjudication fees are paid according to law.

Rule 14

To apply for trademark review and adjudication, one shall file an Application with the Trademark Review and Adjudication Board. If there is (are) a respondent/respondents, the applicant shall file as many copies of the Application as there are respondents. Where a reviewed and adjudicated trademark has been assigned, transferred, or changed and an application has been filed with the Trademark Office, and not approved and published, the interested party shall submit relevant documents as proof. To apply for reexamination in respect of a decision made by the Trademark Office, one shall also submit the Decision made by the Trademark Office along with the Application.

Rule 15

Following information shall be indicated in the Application:

(1) The applicant’s name, mailing address, the name of the person to be contacted, and telephone number. Where the respondent(s) is (are) indicated in the review and adjudication application, the name and address thereof shall be indicated. Where a trademark agency is appointed to attend to the matter of the trademark review and adjudication, the name, address, the name of the person to be contacted, and telephone number of the agency shall also be indicated.

(2) The reviewed and adjudicated trademark and its application number or preliminary approval number, registration number and the issue number of the Trademark Gazette;

(3) Specific request for the review and adjudication, and the facts, grounds and legal bases for the request.

Rule 16

Where a trademark review and adjudication application does not conform to any one of the requirements set forth in Rule 13 (1), (2), (3) and (6) of these Rules, the Trademark Review and Adjudication Board shall not accept the application and shall notify the applicant in writing of the non-acceptance, and explain the reason.

Rule 17

Where a trademark review and adjudication application does not conform to any one of the requirements set forth in Rule 13 (4) and (5) of these Rules or where the relevant certificates, or proofs are not submitted according to the Implementing Regulations and these Rules, or has other circumstances requiring rectification, the Trademark Review and Adjudication Board shall notify the applicant to make rectification, and the applicant shall make rectification within 30 days from the date of receipt of the notification on rectification.

Where an application remains contrary to the requirements upon rectification, the Trademark Review and Adjudication Board shall not accept the application and shall notify the applicant in writing of the non-acceptance and explain the reason. Where no rectification is made within the time limit, the review and adjudication application shall be deemed to have been withdrawn by the applicant and the Trademark Review and Adjudication Board shall notify the applicant in writing according to the provision of Article 57 of the Implementing Regulations.

                  Rule 18

Where a trademark review and adjudication application conforms to the requirement for acceptance, the Trademark Review and Adjudication Board shall issue to the applicant the Acceptance Notification within thirty days.

Rule 19

In any one of the following circumstances, any trademark review and adjudication application that has been accepted by the Trademark Review and Adjudication Board is deemed not to conform to the requirements for acceptance, and shall be refused according to Article 57 of the Implementing Regulations:

(1) Contrary to the provision of Article 62 of the Implementing Regulations in that an application for review and adjudication has been voluntarily withdrawn and the applicant files another application on the basis of the same facts and grounds thereafter;

(2) Contrary to the provision of Article 62 of the Implementing Regulations in that the Trademark Review and Adjudication Board has made adjudication or decision on an application for review and adjudication and the applicant files another application on the basis of the same facts and grounds; or

(3) Any other circumstance under which an application does not conform to the requirements for acceptance.

Application for invalidation against trademarks approved for registration through the review of the non-approval registration decision shall not bind by Rule 19 (2).

The Trademark Review and Adjudication Board, when rejecting a trademark review and adjudication application, shall notify the applicant in writing, and explain the reason.

Rule 20

An interested party participating in the review and adjudication activities shall submit copies of Application, Reply, Opinion, Cross-examination Opinion and proofs according to the numbers of the opposite parties, and the content of the duplicated copies shall be the same as the content of the original. Where an application does not conform to the aforementioned requirements and remains contrary to the requirements upon rectification, the application for review and adjudication shall not be accepted or shall be deemed that the relevant materials have not been submitted according to the provision of Rule 17 (2) of these Rules.

Rule 21

Where there is/are a respondent/respondents indicated in a review and adjudication application, the Trademark Review and Adjudication Board, upon acceptance, shall forward the copies of the Application and the relevant proofs thereto to the respondent(s) in a timely manner. The respondent(s) shall submit the Reply and copies thereof to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the materials of the Application. Where a respondent does not submit a Reply within the time limit, the review and adjudication of the Trademark Review and Adjudication Board shall not be effected.

The Trademark Review and Adjudication Board shall, in the examination of review cases filed out of dissatisfaction with the decision of not approving the registration application made by the Trademark Office, notify the original opponent(s) to participate and submit opinions. The original opponent(s) shall submit the Opinion and copies thereof to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the materials of the Application. Where an original opponent does not submit an Opinion within the time limit, the examination of the case shall not be affected.

Rule 22

A respondent participating in a reply and an original opponent participating in a review case of non-approval of an application for trademark registration shall be lawfully qualified subjects.

The trademark review and adjudication Reply, Opinion and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements.

Where the provision of paragraph two is not conformed to or other circumstance requiring rectification emerges, the Trademark Review and Adjudication Board shall notify the respondent or the original opponent to make rectification, and the respondent or the original opponent shall make rectification within 30 days from the date of receipt of the notification on rectification. Where a Reply or Opinion remains contrary to the provision upon rectification or no rectification is made at the expiration of the statutory time limit, the Reply or Opinion shall be deemed to have not been submitted, and the review and adjudication of the Trademark Review and Adjudication Board shall not be affected.

Rule 23

Any interested party who needs to supplement relevant proofs after filing a Review and Adjudication Application or a Reply shall make a statement in the Application/Reply and submit proofs in a lump sum within three months from the date of filing. Where the applicant/respondent does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he shall be deemed to have given up supplementing the relevant proofs. However, proofs submitted after the expiration of the time limit due to emergence of the proof after the expiration of the time limit or any other justifiable reason of the interested party for not submitting before expiration of the time limit shall be forwarded to the opposite party/parties for cross-examination by the Trademark Review and Adjudication Board and may be admitted thereafter.

Where there is an opposite party involved, the Trademark Review and Adjudication Board shall forward the copies of the proofs submitted by an interested party within the statutory time limit to the opposite party, and the opposite party shall cross-examine the proofs within 30 days from the date of receipt of the copies of the proofs.

Rule 24

The interested party shall categorize, number and list each proof he submits, briefly explain the source thereof, and specific facts to be proved, and sign and seal them.

The Trademark Review and Adjudication Board, after receiving the proofs submitted by an interested party, shall check the proofs according to the list thereof, and the staff member receiving the proofs shall sign his name on the receipt and indicate the date of submission.

Rule 25

Where there is a change in the name or mailing address of an interested party, the interested party shall inform the Trademark Review and Adjudication Board in a timely manner and submit relevant proofs to this change as needed.

Rule 26

Where an interested party’s trademark right has been assigned or transferred during the trademark review and adjudication, the assignee or the transferee shall make a statement in writing to undertake its or his relevant subject status in a timely manner, participate in the follow-up reexamination proceedings, and take the corresponding consequences.

Without such statement in writing which has no effect on the examination of the case of trademark review and adjudication, the Trademark Review and Adjudication Board may list the assignee or a transferee as an interested party and make the decision or adjudication.

Chapter III Examination

Rule 27 

The collegial system shall be implemented for the Trademark Review and Adjudication Board to examine cases of trademark review and adjudication. In any one of the following circumstances, an individual trademark review and adjudication examiner may solely review and adjudicate a case:

(1) where the conflict with a prior trademark has been eliminated therein in the cases which only involved the prior trademark right prescribed in Article 30 and Article 31 of the Trademark Law;

(2) where a trademark of which a request for cancellation or invalidation has been filed has lost the exclusive right therein;

(3) where the case shall close according to Rule 32 of these Rules; or

(4) other cases that may be under the sole review and adjudication by an individual trademark review and adjudication examiner.

Rule 28

Where an interested party applies for the withdrawal of a trademark review and adjudication examiner according to the provision of Article 7 of the Implementing Regulations and Rule 7 of these Rules, the trademark review and adjudication examiner shall suspend his participation in the hearing of the case before the Trademark Review and Adjudication Board decides whether or not he should withdraw.

Where the Trademark Review and Adjudication Board receives an application for withdrawal from an interested party after it makes decision or adjudication, the validity of the review and adjudication decision or adjudication shall not be affected. However, where the review and adjudication examiner indeed needs to withdraw, the Trademark Review and Adjudication Board shall treat the matter according to law.

Rule 29

The Trademark Review and Adjudication Board shall examine a case of trademark review and adjudication according to the provisions of Articles 52, 53, 54, 55, and 56 of the Implementing Regulations.

Rule 30

Where a trademark has been approved for registration through the review procedures of non-approval of registration and the original opponent/opponents requests/request an invalidation, the Trademark Review and Adjudication Board shall separately set up a collegial panel to examine the case.

Rule 31

Where it is necessary for a case of trademark review and adjudication to wait for the decision of a case involving prior right according to the provision of Article 35(4) and Article 45(3) of the Trademark Law and Article 11(5) of the Implementing Regulations, the Trademark Review and Adjudication Board may make decide to suspend the examination of the case.

Rule 32

In any one of the following circumstances, the review and adjudication shall be terminated and the case shall be closed:

(1) where the applicant dies or terminates and there is no inheritor, or the inheritor abandons its or his right for review and adjudication;

(2) where the applicant withdraws its or his application for review and adjudication;

(3) where the interested parties reach an amicable agreement by themselves or through mediation and the case can be closed; or

(4) any other circumstance requiring the termination of the review and adjudication.

Where a case is closed, the Trademark Review and Adjudication Board shall notify the interested parties in writing, and explain the reason.

Rule 33

The collegial panel shall put down in writing the case it hears, and the written record shall be signed by the members thereof. Where the members of a collegial panel are divided in their opinions, the divided opinions shall be indicated in the collegial record.

The Trademark Review and Adjudication Board shall make decision or adjudication according to law on a case the examination of which has been closed.

Rule 34

The following shall be indicated in the decision or adjudication by the Trademark Review and Adjudication Board:

(1) request of the interested parties for review and adjudication, facts at issue, grounds and proofs;

(2) facts ascertained, reasons and grounds for the application of law in the decision or adjudication;

(3) conclusion made in the decision or adjudication;

(4) the follow-up procedure and time limit available to interested parties; and

(5) date of the decision or adjudication.

The decision or adjudication shall be signed by the members of the collegial panel and sealed by the Trademark Review and Adjudication Board.

Rule 35

Where an interested party institutes proceedings in a people's court out of dissatisfaction with a decision or adjudication made by the Trademark Review and Adjudication Board, the interested party shall, at the time of submitting a complaint to the people’s court or within fifteen days from the date of the submission at the latest, send a copy of the complaint, or separately notify the Trademark Review and Adjudication Board of the complaint information in writing.

Except decisions made by the Trademark Review and Adjudication Board of granting  preliminary approval or granting approval of registration, where the Trademark Review and Adjudication Board, within four months from the date of issuing its decision or adjudication, has not received a notification for participating court hearing from the people’s court or a copy of the petition or notification of petition in writing from any interested party, the relevant decision or adjudication will be transferred to Trademark Office for enforcement.

Where the Trademark Review and Adjudication Board, within four months from the date of receiving a copy of the petition or notification of petition in writing from any interested party, has not received a notice of appearance from the people’s court, the relevant decision or adjudication will be transferred to Trademark Office for enforcement.

Rule 36

In the administrative litigation procedure of the first instance, where the cited marks in the decision or adjudication lost prior right, which resulted in the change of facts or application of law, the Trademark Review and Adjudication Board may, with withdrawal of the lawsuit by the plaintiff, revoke the original decision or adjudication and make a new decision or adjudication based on the new facts.

After delivery of the decision or adjudication of a trademark review and adjudication to an interested party, the Trademark Review and Adjudication Board could, in the discovery of a non-substantive error, such as a text error, send a notification of correction to the interested party of the trademark review and adjudication to correct the error.

Rule 37

Where the decision or adjudication of a trademark review and adjudication is revoked by a judgment of the people’s court, the Trademark Review and Adjudication Board shall set up a new collegial panel, examine the case in a timely manner, and make a new decision or adjudication.

New requests for review and adjudication and legal grounds shall not be included in the scope of the reexamination by the Trademark Review and Adjudication Board during the reexamination procedure; proofs sufficient to influence the case decision supplemented by any interested party may be adopted; where there is an opposite party involved, the proofs shall be forwarded to the opposite party/parties for cross-examination.


Chapter IV Rules on Evidence

Rule 38

An interested party shall be under the burden of proof to testify the facts on the basis of which he requests for the review and adjudication or on the basis of which one rebuts the other party's review and adjudication request.

Evidences include documentary evidence, physical evidence, audio-visual material, electronic data, witness testimony, expert opinion, and statement of the interested parties.

Where there is no evidence or there is not sufficient evidence to attest to the factual claims by an interested party, the interested party under the burden of proof shall bear the adverse consequences.

Where one interested party expressly acknowledges the facts in a case as stated by the other party, the latter is not under the burden of proof, with the exception where the Trademark Review and Adjudication Board deems it is necessary to provide proof.

Where an interested party appoints an attorney to attend the review and adjudication, the attorney's admission shall be deemed the interested party's admission, except that the attorney's unauthorized admission of any facts directly results in the admission of the other party’s review and adjudication request. The interested party’s failure to express objection to its or his attorney's admission on site shall be deemed to be the interested party’s admission.

Rule 39

An interested party does not need to adduce evidence to prove the following facts:

(1) facts known to all;

(2) natural laws and theorems;

(3) another fact that may be inferred from the legal rules, known facts and routine experience and principles; and

(4) facts which have been proved by the effective rulings of the people’s courts;

(5) facts which have been proved by the effective arbitrations of arbitral institutions; and

(6) facts which have been proved by the effective notarization certificates.

In the above items (1), (3), (4), (5), (6) of the preceding paragraph, where there is contrary sufficient to upset the facts, such evidence is excluded.

Rule 40

An interested party who furnishes the Trademark Review and Adjudication Board with documentary evidence shall furnish the original, including the original text, the authentic text, and the copy. The interested party who has difficulty furnishing the original may furnish the corresponding Xerox copies, photographs or extracts. Where the furnished documents are Xerox copies, photographs or extracts of the original documentary evidence kept by a relevant department, the sources shall be indicated, and the documents be sealed by the department upon verification.

An interested party who furnishes the Trademark Review and Adjudication Board with material evidence shall furnish the original material. The interested party who has difficulty furnishing the original may furnish the corresponding reproduction or other evidence such as photographs or video-recordings of said material evidence. Where the original is of relatively many varieties, a part thereof may be furnished.

Where an interested party has doubt about the Xerox copies, photographs or video-recordings of the documentary evidence and material evidence furnished by the other party, and has relevant proofs in support of the doubt, or where the Trademark Review and Adjudication Board deems necessary, the doubted interested party shall furnish or show the original or the notarized copy of the relevant evidence.

Rule 41

Where the evidence furnished by an interested party to the Trademark Review and Adjudication Board is evolved outside the territory of the People’s Republic of China, or in the region of Hong Kong, Macau or Taiwan and where the other party has doubt for its authenticity and has relevant proofs in support of the doubt, or where the Trademark Review and Adjudication Board deems necessary, the evidence shall be notarized and or legalized according to the relevant regulations.

Rule 42

Where an interested party furnishes to the Trademark Review and Adjudication Board instruments or explanatory material in a foreign language, he shall attach the Chinese translation thereof. Where an interested party who has furnished evidence in a foreign language fails to submit the Chinese translation thereof, the evidence in the foreign language shall be deemed not to have been submitted.

Where the other party has objection to the specific content of the translation, he shall submit the Chinese translation of the part to which the objection is raised. If necessary, an entity accepted by both parties may be entrusted with the translation of the entire text or the part of the text which has been used or to which objection has been raised.

Where both parties fail to reach an agreement on the translation entrustment, the Trademark Review and Adjudication Board may entrust a professional translation entity with the translation of the entire text or the part of the text which has been used or to which objection has been raised. Each party shall bear 50 percent of the fees necessary for the entrusted translation. A party's refusal to pay the translation fee shall be deemed its acceptance of the translation submitted by the other party.

Rule 43

A single piece of evidence may be verified and confirmed as to the presence and strength of evidential force in relation to the following aspects:

(1) whether the evidence is the original text, original material; whether the copy or reproduction of the evidence is consistent with the original;

(2) whether the evidence is relevant to the facts of a case;

(3) whether the evidence conforms to the law in terms of form or source;

(4) whether the evidence is true in content; and

(5) whether the witness or the person furnishing the evidence has interest in an interested party.

Rule 44

The review and adjudication examiners shall comprehensively examine and evaluate all the evidence as to the degree of relevance of the various pieces of the evidence to the facts of a case and the relationship of these pieces of evidence.

Where there is an opposite party involved, evidence without cross-examination shall not be adopted.

Rule 45

The following evidence alone shall not serve as the basis for ascertaining facts in a case:

(1) oral evidence from a minor which does not match his age or intelligence;

(2) oral evidence in favor of one interested party from a witness who is a relative, affiliate or otherwise closely related to the interested party or oral evidence against one interested party from a witness who is adversely-related thereto;

(3) oral evidence from a witness who should attend the oral hearing but fails to without justification;

(4) Audiovisual reference material difficult to be detected as to whether it is modified or not;

(5) Copy or reproduction impossible to be verified with the original;

(6) Proofs which one party or another person has modified and which the other party does not accept; and

(7) Any other proofs that, alone, cannot serve as the basis for ascertaining the facts in a case.

Rule 46

The following evidence furnished by an interested party, to which the other party objects but fails to rebut with sufficient evidence to the contrary, shall be established by the Trademark Review and Adjudication Board as having its evidential force:

(1) the original documentary evidence or the Xerox copies, photographs, copies or extracts thereof which are verified to be consistent with the original documentary evidence;

(2) the original material evidence or the copies, photographs or video-recording materials thereof which are verified to be consistent with the original material evidence;

(3) the audiovisual reference material which is supported by other evidence and obtained by legal means and free of any doubt or the reproduction thereof verified without any inconsistency found.

Rule 47

Where an appraisal conclusion made by an appraisal organization with entrustment by an interested party is not rebutted by the other party with sufficient evidence and reason to the contrary, the evidential force of the appraisal conclusion may be confirmed.

Rule 48

In respect of the evidence one interested party has furnished and the other party accepts or fails to rebut with sufficient evidence to the contrary, the Trademark Review and Adjudication Board may confirm its evidential force.

Where in respect of the evidence one interested party has furnished, the other party has objection thereto and presents evidence to rebut it, and the opposite party accepts the rebutting evidence, the evidential force of the rebutting evidence may be confirmed.

Rule 49

Where both parties furnish evidence to the contrary in respect of the same fact, neither has sufficient ground for the denial of the evidence of the other party, the Trademark Review and Adjudication Board shall evaluate, considering the circumstances of a case, whether or not the evidence furnished by one party is obviously more valid in evidential force than that by the other party, and confirm the evidence carrying more valid evidential force.

Where it is impossible to evaluate the evidential force of the evidence, and, as a result, it is difficult to ascertain the facts in dispute, the Trademark Review and Adjudication Board shall make determination according to the doctrine for distribution of burden of proof.

Rule 50

The Trademark Review and Adjudication Board shall confirm the facts and evidence which are unfavorable to an interested party, but have been accepted by the interested party in its or his Application, Reply, Written Statement, or statements made by his appointed attorney in the course of review and adjudication, except that the party goes back on his words and has sufficient evidence to the contrary to rebut them.

Rule 51

The Trademark Review and Adjudication Board may determine the evidential force of several pieces of evidence as to the same fact according to the following principles:

(1) Documents and instruments prepared, ex officio, by a State agency and any other competent department prevail over other documentary evidence;

(2) Appraisal conclusions, materials kept on file and notarized or registered documentary evidence prevail over other documentary evidence, audiovisual reference evidence and oral evidence from a witness;

(3) Original documents or materials prevail over copies or reproductions;

(4) Appraisal conclusions made by statutory appraisal departments prevail over those by other appraisal departments;

(5) Original evidence prevails over derivative evidence;

(6) Oral evidence of other witnesses prevails over oral evidence, in favor of an interested party, from a witness who is a relative or otherwise closely related to the party;

(7) Witness testimony of a participant in the oral examination prevails over that from a non-participant; and

(8) Several pieces of evidence variant in category and consistent in content prevail over a single isolated piece of evidence.

Chapter V Time Limit and Service

Rule 52

The time limit includes the statutory time limit and that fixed by the Trademark Review and Adjudication Board. The time limit shall be calculated according to Article 12 of the Implementing Regulations.

Rule 53

Where any document or material is sent by an interested party to the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally, or the date of posting indicated by the postmark if it is sent by post; where the date of posting indicated by the postmark is illegible, or there is no postmark, the date of receipt shall be the date on which the Trademark Review and Adjudication Board actually receives the document or material, except that the interested party is able to present evidence as to the actual date of posting indicated by the postmark. Where the document or material is sent by express enterprises other than the Postal Enterprises, the date of receipt by the express enterprises shall be the date of collection; where the date of collection indicated by the postmark is illegible, the date of receipt shall be the date on which the Trademark Review and Adjudication Board actually receives the document or material, except that the interested party is able to present evidence to prove the actual date of collection. Where the document or material is delivered in electronic data, the date of receipt shall be the date the electronic data enters the electronic system of the trademark Review and Adjudication Board.

Any interested party shall send any document to the Trademark Review and Adjudication Board through vouchered mail.

Where any document is sent by an interested party to the Trademark Review and Adjudication Board, the application number or registration number and name of the applicant shall be indicated in the document. Where the document is submitted in writing, the content of the document kept by the Trademark Review and Adjudication Board shall prevail; where the document is submitted through electronic means, the database record of the Trademark Review and Adjudication Board shall prevail, except that the interested party is able to present evidence to prove the case record or database record of the Trademark Review and Adjudication Board is wrong.

Rule 54

Any document of the Trademark Review and Adjudication Board may be served to an interested party by post, by personal delivery, by electronic data or by other means. Delivery of document in electronic data shall be agreed by an interested party. Where an interested party entrusts a trademark agency, delivery of the document to the trademark agency shall be deemed delivery thereof to the interested party.

Where any document is sent to an interested party by the Trademark Review and Adjudication Board, the date of receipt shall be the date of receipt indicated by the postmark on which the interested party receives it if it is sent by post; where the date of posting indicated by the postmark is illegible, or where there is no postmark, the document shall be deemed to have been delivered to the interested party at the expiration of the fifteenth day from the date of posting the document, except that the interested party is able to present evidence to prove the actual date of receipt; the date of receipt shall be the date of delivery if it is delivered personally. Where the document is sent in electronic data, the document shall be deemed to have been delivered to the interested party at the expiration of the fifteenth day from the date of sending the document. Where any document cannot be sent by the above mentioned means, the document may be served through publication on the Trademark Gazette. At the expiration of the thirtieth day from the date of the publication, the document shall be deemed to have been served.

Where the document is served by the Trademark Review and Adjudication Board through publication on the Trademark Gazette after being returned to the addresser by the Post Office, the subsequent documents shall be served through publication on the Trademark Gazette, except that the interested party notifies the mailing address explicitly after service by publication.

Rule 55

According to Article 5(3) of the Implementing Regulations, where the respondent or the original opponent is a foreign person or enterprise having no habitual residence or place of business in China, the domestic recipient as indicated in the Application for Registration of a trademark under review and adjudication shall be responsible for receiving the delivered legal documents in the proceedings of trademark review and adjudication; delivery of the documents to the domestic recipient shall be deemed delivery thereof to the interested party.

Where a domestic recipient could not be identified according to the preceding paragraph, the trademark agency in the original procedure of the Trademark Office or the last trademark agency applying for matters in relation to the trademark shall be responsible for receiving and delivering of the legal documents in relation to the trademark in the proceedings of trademark review and adjudication; the Trademark Review and Adjudication Board may deliver the legal documents in relation to the trademark to the trademark agency; where a trademark agency has terminated its agency relationship with the relevant foreign interested party before the delivery of the legal documents in relation to the trademark, it shall inform in writing the Trademark Review and Adjudication Board about it, and return the legal documents, within ten days from the receipt thereof, to the Trademark Review and Adjudication Board which may serve the document in another way.

Where a trademark of international registration under the Madrid system involves communication of the relevant forms and documents by the International Bureau, proof of service of the documents shall be submitted. If no such proof is furnished, the reason shall be explained in writing, and the forms and documents shall be deemed to have been served at the expiration of the fifteenth day from the date of issuance thereof by the International Bureau.

If a document could not be delivered by any of the above means, it will be served through publication on the Trademark Gazette.

Chapter VI Supplementary Provisions

Rule 56

Where any civil servant engaged in trademark review and adjudication neglects his duties, abuses his power, commits illegalities for personal gains, handles trademark review and adjudication in violation of laws, accepts property of any interested party, and seeks illegitimate gains, he shall be given sanctions in accordance with law.

Rule 57

Where an interested party applies for review before May 1, 2014 out of dissatisfaction with decisions made by the Trademark Office on rejection of applications for trademark registration, and the Trademark Review and Adjudication Board examines the case after May 1, 2014 (inclusive of May 1, 2014, similarly hereinafter), the amended Trademark Law shall be applied.

Where an interested party applies for review before May 1, 2014 out of dissatisfaction with decisions made by the Trademark Office on the decision of opposition, and the Trademark Review and Adjudication Board examines the case after May 1, 2014, the Trademark Law before amendment shall be applied for the subject qualification of the interested party who submits opposition and review, and the amended Trademark Law shall be applied for other procedural and substantive issues.

Where an interested party applies for dispute cancellation and cancellation review out of dissatisfaction with the cancellation decision made by the Trademark Office before May 1, 2014, and the Trademark Review and Adjudication Board examines the case after May 1, 2014, the amended Trademark Law shall be applied for procedural issues, and the Trademark Law before amendment shall be applied for substantive issues.

Where an interested party submits an application for trademark review and adjudication to the Trademark Review and Adjudication Board before May 1, 2014, the time limit of examination shall be calculated as from May 1, 2014.

Rule 58

The documents or forms for handling review and adjudication matters shall be formulated and published by the Trademark Review and Adjudication Board.

Rule 59

The State Administration for Industry and Commerce shall be responsible for the interpretation of these Rules.

Rule 60

These Rules shall enter into force on June 1, 2014.

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