"Trademark Review Rules"

Article 1 In order to standardize the trademark review procedure, these rules are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations).

Article 2 According to the provisions of the Trademark Law and the Implementing Regulations, the Trademark Review and Adjudication Board is responsible for handling the following trademark review cases:

(1) Cases in which a person is dissatisfied with the decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject a trademark registration application and applies for review in accordance with Article 34 of the Trademark Law;

(2) Cases in which a person is dissatisfied with the Trademark Office’s decision not to grant registration and applies for review in accordance with Paragraph 3 of Article 35 of the Trademark Law;

(3) Cases involving requests for invalidation of registered trademarks in accordance with Article 44, Paragraph 1, and Article 45, Paragraph 1 of the Trademark Law;

(4) Cases involving dissatisfaction with the Trademark Office’s decision to declare a registered trademark invalid and applying for review in accordance with Paragraph 2 of Article 44 of the Trademark Law;

(5) Cases in which a person is dissatisfied with the decision of the Trademark Office to cancel or not cancel a registered trademark and applies for review in accordance with Article 54 of the Trademark Law.

In the trademark review procedure, the trademarks requested for review referred to in item (1) of the preceding paragraph are collectively referred to as the applied trademarks, the trademarks requested for review referred to in item (2) are collectively referred to as the opposed trademarks, and the request referred to in item (3) is invalid. The declared trademarks are collectively referred to as disputed trademarks, and the trademarks requested for review referred to in items (4) and (5) are collectively referred to as review trademarks. In these rules, the aforementioned trademarks are collectively referred to as review trademarks.

Article 3 Parties participating in trademark review activities may do so in writing or by electronic data.

The specific measures for processing in the form of data messages will be formulated separately by the Trademark Review and Adjudication Board.

Article 4 The Trademark Review and Adjudication Board shall conduct written hearings when hearing trademark review cases, unless it decides to conduct oral hearings in accordance with Article 60 of the Implementing Regulations.

Specific methods for oral hearings will be formulated separately by the Trademark Review and Adjudication Board.

Article 5 Decisions and rulings made by the Trademark Review and Adjudication Board in accordance with the Trademark Law, Implementing Regulations and these Rules shall be delivered to the relevant parties in writing or by data message, and the reasons shall be stated.

Article 6 Unless otherwise provided in these rules, the Trademark Review and Adjudication Board shall adopt a collegial system when hearing trademark review cases, and a collegial group shall be composed of three or more odd-numbered trademark reviewers to conduct hearings.

When a collegial panel hears cases, the principle of the minority obeying the majority is implemented.

Article 7 If a party or interested party applies for recusal from trademark review personnel in accordance with Article 7 of the Implementing Regulations, the application shall be made in writing and the reasons shall be explained.

Article 8 During the trademark review period, the parties concerned have the right to dispose of their trademark rights and rights related to trademark review in accordance with the law. On the premise of not harming social public interests or the rights of third parties, the parties may reach a settlement in writing on their own or through mediation.

For cases in which the parties reach a settlement, the Trademark Review and Adjudication Board may close the case or make a decision or ruling.

Article 9 Co-applicants in trademark review cases and parties that share a trademark shall determine a representative in accordance with the provisions of Paragraph 1 of Article 16 of the Implementing Regulations when handling trademark review matters.

The representative's participation in the review shall be effective for the party he represents, but if the representative changes, gives up the review request, or acknowledges the other party's review request, he must have written authorization from the represented party.

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

Article 10 When foreigners or foreign enterprises handle trademark review matters and have a habitual residence or business place in China, they may entrust a trademark agency established in accordance with the law to handle it, or they may handle it directly; if they do not have a habitual residence or business place in China, they must entrust a trademark agency to handle it. Trademark agencies established in accordance with the law shall handle the matter.

Article 11 If the agency authority is changed, the agency relationship is terminated, or the agent is changed, the party concerned shall promptly notify the Trademark Review and Adjudication Board in writing.

Article 12 The parties and their agents may apply for access to relevant materials in this case.

Article 13 To apply for trademark review, one must meet the following conditions:

(1) The applicant must have legal subject qualifications;

(2) Submission within the statutory time limit;

(3) It falls within the review scope of the Trademark Review and Adjudication Board;

(4) Submit applications and relevant materials that comply with regulations in accordance with the law;

(5) Have clear review requests, facts, reasons and legal basis;

(6) Pay the review fees in accordance with the law.

Article 14 When applying for trademark review, an application form shall be submitted to the Trademark Review and Adjudication Board; if there are respondents, the corresponding number of copies shall be submitted according to the number of respondents; if the review trademark is assigned, transferred or changed, the trademark review and review committee shall submit an application form to the Trademark Review and Adjudication Board. If the Trademark Office files an application but has not yet approved the announcement, the party concerned shall provide corresponding supporting documents; if the application is for review based on the Trademark Office’s decision, the Trademark Office’s decision shall also be attached.

Article 15 The application shall specify the following matters:

(1) Applicant’s name, mailing address, contact person and contact number. If there is a respondent in the review application, the name and address of the respondent shall be stated. If a trademark agency is entrusted to handle trademark review matters, the name, address, contact person and contact number of the trademark agency shall also be stated;

(2) The review trademark and its application number or preliminary approval number, registration number and the issue number of the Trademark Announcement in which the trademark was published;

(3) Clear review request and the facts, reasons and legal basis on which it is based.

Article 16 If a trademark review application does not meet any of the conditions specified in Items (1), (2), (3) and (6) of Article 13 of these Rules, the Trademark Review and Adjudication Board will not accept the application and notify the applicant in writing. and explain the reasons.

Article 17 If the application for trademark review does not meet one of the conditions stipulated in Article 13 (4) or (5) of these Rules, or fails to submit relevant supporting documents in accordance with the Implementing Regulations and these Rules, or there are other needs to be supplemented and corrected Under certain circumstances, the Trademark Review and Adjudication Board shall issue a supplementary and corrective notice to the applicant, and the applicant shall make supplementary corrections within thirty days from the date of receipt of the supplementary and corrective notice.

If the application still does not comply with the regulations after correction, the Trademark Review and Adjudication Board will not accept the application and notify the applicant in writing and explain the reasons. If the applicant fails to make corrections within the prescribed time limit, in accordance with Article 57 of the Implementing Regulations, the applicant shall be deemed to have withdrawn the review application, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

Article 18 If the trademark review application meets the conditions for acceptance after review, the Trademark Review and Adjudication Board shall issue a "Notice of Acceptance" to the applicant within thirty days.

Article 19 If a trademark review application that has been accepted by the Trademark Review and Adjudication Board falls under any of the following circumstances, it does not meet the conditions for acceptance and shall be rejected in accordance with Article 57 of the Implementing Regulations:

(1) In violation of the provisions of Article 62 of the Implementing Regulations, after the applicant withdraws the application for trademark review, he resubmits the application for review based on the same facts and reasons;

(2) Violate the provisions of Article 62 of the Implementing Regulations and submit another application for review based on the same facts and reasons based on the ruling or decision already made by the Trademark Review and Adjudication Board;

(3) Other circumstances that do not meet the conditions for acceptance.

Any application to declare a registered trademark invalid for a trademark that has been approved for registration after the non-registration review procedure shall not be subject to the provisions of Item (2) of the preceding paragraph.

If the Trademark Review and Adjudication Board rejects a trademark review application, it shall notify the applicant in writing and explain the reasons.

Article 20 When participating in review activities, parties shall submit a corresponding number of copies of applications, defenses, opinions, cross-examination opinions and evidence materials according to the number of opposing parties. The content of the copies shall be the same as the originals. If the application does not meet the above requirements and still does not meet the requirements after correction, the review application will not be accepted in accordance with the provisions of paragraph 2 of Article 17 of these rules, or the relevant materials will be deemed not to have been submitted.

Article 21 If there is a respondent in the review application, after the Trademark Review and Adjudication Board accepts the application, it shall promptly serve a copy of the application and relevant evidence materials to the respondent. The respondent shall submit a defense letter and its copy to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the application materials; failure to respond within the prescribed time limit will not affect the Trademark Review and Adjudication Board's review.

When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to deny registration, it shall notify the original opponent to participate and provide opinions. The original opponent shall submit a letter of opinion and a copy thereof to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the application materials; failure to submit opinions within the prescribed time limit will not affect the trial of the case.

Article 22 The respondent shall have legal subject qualifications to participate in the defense and the original opponent to participate in the registration denial review procedure.

The trademark review defense letter, opinion letter and relevant evidence materials shall be filled out and provided in accordance with the prescribed format and requirements.

If the provisions of paragraph 2 are not met or there are other circumstances that require correction, the Trademark Review and Adjudication Board shall issue a notice of correction to the respondent or original opponent, and the respondent or original opponent shall make corrections within thirty days from the date of receipt of the notice of correction. If the application still does not comply with the regulations after making corrections or fails to make corrections within the statutory time limit, it will be deemed that the defense has not been defended or that no comments have been made, which will not affect the review by the Trademark Review and Adjudication Board.

Article 23 If the party needs to supplement relevant evidence materials after filing an application for review or defense, it shall state this in the application or defense, and submit it all at once within three months from the date of submission of the application or defense; If stated in the application or defense or if it is not submitted within the time limit, the supplementary evidence materials will be deemed to have been waived. However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, and it is submitted after the expiration of the period, the Trademark Review and Adjudication Board may accept the evidence after submitting it to the other party and cross-examining it.

If there is an opposing party to the evidence materials provided by a party within the statutory time limit, the Trademark Review and Adjudication Board shall serve a copy of the evidence materials to the other party. The party concerned shall conduct cross-examination within thirty days from the date of receipt of copies of evidence materials.

Article 24 The parties concerned shall classify and number the evidence materials they submit one by one and prepare a catalog list, give a brief explanation of the sources of the evidence materials and the specific facts to be proved, and sign and seal them.

After receiving the evidence materials submitted by the parties, the Trademark Review and Adjudication Board shall check the evidence materials according to the catalog list, and the handling personnel shall sign the receipt and indicate the date of submission.

Article 25 If the name or mailing address of a party changes, the Trademark Review and Adjudication Board shall be notified in a timely manner and corresponding supporting documents shall be provided as necessary.

Article 26 During the trademark review process, if a party’s trademark is assigned or transferred, the assignee or successor shall promptly declare in writing that it assumes the relevant subject status, participate in the subsequent review procedures, and bear the corresponding review consequences.

If no written statement is made and it does not affect the trial of the review case, the Trademark Review and Adjudication Board may name the assignee or successor as a party to make a decision or ruling.

Article 27 The Trademark Review and Adjudication Board shall adopt a collegial system in hearing trademark review cases. However, in cases under any of the following circumstances, a single trademark reviewer may review the case:

(1) In cases involving only conflict of prior trademark rights as specified in Articles 30 and 31 of the Trademark Law, the conflict of rights has been eliminated at the time of review;

(2) The trademark requested to be canceled or invalidated has lost the exclusive right;

(3) The case should be closed in accordance with Article 32 of these Rules;

(4) Other cases that can be reviewed by a single person.

Article 28 If a party or interested party files an application for withdrawal from a trademark reviewer in accordance with the provisions of Article 7 of the Implementing Regulations and Article 7 of these Rules, the trademark reviewer subject to the application shall make a decision on whether to withdraw from the Trademark Review and Adjudication Board. Before that, participation in the trial of this case should be suspended.

If the Trademark Review and Adjudication Board receives an application for recusal from a party or interested party after making a decision or ruling, it will not affect the validity of the review decision or ruling. However, if there is indeed a situation where reviewers need to recuse themselves, the Trademark Review and Adjudication Board shall handle the matter in accordance with the law.

Article 29 The Trademark Review and Adjudication Board shall hear trademark review cases in accordance with the provisions of Articles 52, 53, 54, 55 and 56 of the Implementing Regulations .

Article 30 If the original opponent of a trademark that has been approved for registration after review procedures for non-registration requests a declaration of invalidity from the Trademark Review and Adjudication Board, the Trademark Review and Adjudication Board shall form a separate collegial panel to conduct the review.

Article 31 In accordance with the provisions of Article 35, Paragraph 4, Article 45, Paragraph 3 of the Trademark Law and Article 11, Item (5) of the Implementing Regulations, if it is necessary to wait for the outcome of the trial of a prior rights case, The Trademark Review and Adjudication Board may decide to suspend the hearing of the trademark review case.

Article 32 If any of the following circumstances occurs, the review will be terminated and the case will be closed:

(1) There is no heir after the death or termination of the applicant or the heir gives up the right to review;

(2) The applicant withdraws the review application;

(3) The parties can reach a settlement agreement by themselves or through mediation, and the case can be closed;

(4) Other circumstances that should terminate the review.

When the Trademark Review and Adjudication Board concludes a case, it shall notify the relevant parties in writing and explain the reasons.

Article 33: When a collegial panel hears a case, it shall prepare a transcript of the collegial process and have it signed by the members of the collegial panel. If members of the collegial group have different opinions, they should be truthfully recorded in the collegial minutes.

For cases that have been concluded after trial, the Trademark Review and Adjudication Board will make decisions and rulings in accordance with the law.

Article 34 The decisions and rulings made by the Trademark Review and Adjudication Board shall contain the following contents:

(1) The review request of the parties, the facts, reasons and evidence of the dispute;

(2) The facts, reasons and applicable legal basis for the decision or ruling;

(3) Decision or ruling conclusion;

(4) Follow-up procedures and time limits available to the parties;

(5) The date on which the decision or ruling is made.

Decisions and rulings shall be signed by members of the collegial group and stamped with the seal of the Trademark Review and Adjudication Board.

Article 35 If a party is dissatisfied with the decision or ruling made by the Trademark Review and Adjudication Board and files a lawsuit with the People's Court, he or she shall submit a copy of the complaint to the People's Court at the same time or within fifteen days at the latest or send it to the People's Court separately. The prosecution information shall be notified to the Trademark Review and Adjudication Board in writing.

Except for the decision made by the Trademark Review and Adjudication Board to approve preliminary examination or approval of registration, the Trademark Review and Adjudication Board has not received a notice of response from the people's court or a copy of the complaint submitted by the party within four months from the date of issuing the decision or ruling. If a written notice of prosecution is given, the decision or ruling will be transferred to the Trademark Office for execution.

If the Trademark Review and Adjudication Board does not receive a response notice from the People's Court within four months from the date of receipt of a copy of the complaint or written notice of prosecution submitted by the party, the relevant decisions and rulings will be transferred to the Trademark Office for enforcement.

Article 36 In the administrative proceedings of first instance, if the trademark review decision or ruling cited in the trademark review decision or ruling has lost its prior rights, resulting in changes in the decision, ruling, fact finding, or legal application, if the plaintiff withdraws the lawsuit, the trademark review decision The Board may withdraw the original decision or ruling and make a new trademark review decision or ruling based on new facts.

After the trademark review decision and ruling is delivered to the parties, if the Trademark Review and Adjudication Board discovers that there are non-substantive errors such as text errors, it may send a correction notice to the review party to correct the error content.

Article 37 If a trademark review decision or ruling is revoked by an effective judgment of the People's Court, the Trademark Review and Adjudication Committee shall re-form a collegial panel to review the case in a timely manner and make a re-examination decision or ruling.

During the retrial procedure, the Trademark Review and Adjudication Board’s new review requests and legal basis submitted by the parties will not be included in the scope of the retrial; any additional evidence submitted by the party that is sufficient to affect the outcome of the case trial can be accepted. If there is an opposing party, it should be served to the other party. Cross-examination.

Article 38 The parties concerned are responsible for providing evidence to prove the facts on which they base their own request for review or the facts on which they refute the other party’s request for review.

Evidence includes documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, expert opinions, statements of the parties, etc.

If there is no evidence or the evidence is insufficient to prove the factual claims of the parties, the party who bears the burden of proof shall bear the adverse consequences.

If one party clearly acknowledges the facts of the case stated by the other party, the other party does not need to provide evidence, unless the Trademark Review and Adjudication Board deems it necessary to provide evidence.

If a party entrusts an agent to participate in the review, the agent's admission shall be deemed to be the party's admission. However, this is excepted if the admission of facts by an agent without special authorization directly leads to the admission of the other party's request for review; if the party is present but does not deny the admission of his agent, it shall be deemed to be an admission by the party.

Article 39 The parties do not need to provide evidence to prove the following facts:

(1) Well-known facts;

(2) Natural laws and theorems;

(3) Another fact that can be inferred based on legal provisions or known facts and rules of daily life;

(4) Facts that have been confirmed by a legally effective judgment of the People’s Court;

(5) Facts that have been confirmed by the effective award of the arbitration institution;

(6) Facts proven by valid notarized documents.

Items (1), (3), (4), (5), and (6) of the preceding paragraph shall be excluded unless there is contrary evidence sufficient to overturn it.

Article 40 If a party provides documentary evidence to the Trademark Review and Adjudication Board, it shall provide the original, including the original, original and copy. If it is difficult to provide original documents, corresponding copies, photos, and excerpts can be provided; if copies, photocopies, or transcripts of original documentary evidence kept by relevant departments are provided, the source should be indicated, and the source should be added after verification by the department. Stamp it with its seal.

If the party concerned provides physical evidence to the Trademark Review and Adjudication Board, the original object shall be provided. If it is difficult to provide the original object, you can provide the corresponding copy or other evidence such as photos and videos to prove the physical evidence; if the original object is a large number of types, you can provide a part of it.

If one party has doubts about the copies, photos, videos, etc. of documentary evidence, physical evidence, etc. submitted by the other party and is supported by corresponding evidence, or if the Trademark Review and Adjudication Board deems it necessary, the party being questioned shall provide or produce the original or the relevant evidence. Notarized copy.

Article 41: The evidence provided by a party to the Trademark Review and Adjudication Board was formed outside the territory of the People's Republic of China, or in Hong Kong, Macao, or Taiwan, and the other party has doubts about the authenticity of the evidence and has corresponding evidence to support it, or If the Trademark Review and Adjudication Board deems it necessary, it shall handle the corresponding notarization and certification procedures in accordance with relevant regulations.

Article 42 When parties provide foreign documentary certificates or foreign language explanatory materials to the Trademark Review and Adjudication Board, they shall be accompanied by Chinese translations. If the Chinese translation is not submitted, the foreign language evidence will be deemed not to have been submitted.

If the other party has objections to the specific content of the translation, it shall submit a Chinese translation of the objectionable part. When necessary, a unit recognized by both parties may be entrusted to translate the full text or the parts used or objectionable.

If the two parties cannot reach an agreement on the entrusted translation, the Trademark Review and Adjudication Board may designate a professional translation unit to translate the full text or the used or objectionable parts. Both parties shall bear 50% of the fees required for entrusting translation; if they refuse to pay the translation fees, they shall be deemed to have recognized the translation submitted by the other party.

Article 43: Whether and how much probative force a single piece of evidence has can be reviewed and determined from the following aspects:

(1) Whether the evidence is original and original, and whether the copies and reproductions are consistent with the original and original;

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

(3) Whether the form and source of evidence comply with legal requirements;

(4) Whether the content of the evidence is true;

(5) Whether the witness or the person providing evidence has any interest in the party concerned.

Article 44 The evaluators shall conduct a comprehensive review and judgment on all the evidence in the case from the aspects of the degree of correlation between each evidence and the facts of the case, the connection between each evidence, etc.

If there is an opposing party, evidence that has not been exchanged and cross-examined shall not be admitted.

Article 45 The following evidence cannot alone be used as a basis for determining the facts of the case:

(1) Testimony given by minors that is not appropriate for their age and mental status;

(2) A witness who has a kinship, affiliation or other close relationship with a party gives testimony that is favorable to that party, or a witness who has an unfavorable relationship with a party gives testimony that is unfavorable to that party;

(3) Testimony of witnesses who should participate in oral hearings and testify but do not do so without justifiable reasons;

(4) Audio-visual materials that are difficult to identify whether they have been modified;

(5) Copies or duplicates that cannot be verified with the original;

(6) Evidence materials that have been altered by one party or another person and are not recognized by the other party;

(7) Other evidentiary materials that cannot alone be used as a basis for determining the facts of the case.

Article 46 If the following evidence raised by one party is objected by the other party but there is no sufficient contrary evidence to refute it, the Trademark Review and Adjudication Board shall confirm its probative value:

(1) The original documentary evidence or a copy, photo, duplicate, or excerpt that is verified to be correct with the original documentary evidence;

(2) The original physical evidence or copies, photos, video materials, etc. that are verified to be correct with the original physical evidence;

(3) Audio-visual materials that are supported by other evidence and obtained by legal means without any doubt, or copies that are verified to be correct with the audio-visual materials.

Article 47 If one party has entrusted an appraisal department to make an appraisal conclusion, and the other party does not have sufficient contrary evidence and reasons to refute it, its probative force may be confirmed.

Article 48 If the evidence submitted by one party is not refuted by the other party’s approval or contrary evidence, the Trademark Review and Adjudication Board may confirm its probative force.

If one party raises evidence and the other party objects and submits rebuttal evidence, and the other party accepts the rebuttal evidence, the probative force of the rebuttal evidence can be confirmed.

Article 49: If both parties provide contrary evidence on the same fact, but neither party has sufficient basis to deny the other party's evidence, the Trademark Review and Adjudication Board shall, based on the circumstances of the case, determine whether the probative force of the evidence provided by one party is significantly greater than the evidence provided by the other party. the probative power of the case, and confirm the evidence with greater probative power.

If it is difficult to determine the facts in dispute because the probative force of the evidence cannot be judged, the Trademark Review and Adjudication Board shall make a judgment based on the principle of allocating the burden of proof.

Article 50 During the review process, the Trademark Review and Adjudication Board shall confirm the facts and recognized evidence that are unfavorable to the party in the application, defense, statement and the statement of its authorized agent. However, if the party regrets and has Except where contrary evidence is sufficient to overturn the case.

Article 51 The Trademark Review and Adjudication Board may determine the probative power of several pieces of evidence for the same fact in accordance with the following principles:

(1) Official documents produced by state agencies and other functional departments in accordance with their powers are superior to other documentary evidence;

(2) Identification conclusions, archival materials and notarized or registered documentary evidence are superior to other documentary evidence, audio-visual materials and witness testimony;

(3) Originals and originals are better than copies and replicas;

(4) The appraisal conclusion of the statutory appraisal department is better than the appraisal conclusion of other appraisal departments;

(5) Original evidence is superior to transmitted evidence;

(6) The testimony of other witnesses is superior to the testimony in favor of the party provided by witnesses who are related to the party or have other close relationships;

(7) The testimony of witnesses who participated in the oral trial and testified is superior to the testimony of witnesses who did not participate in the oral trial;

(8) Several pieces of evidence of different types and consistent content are better than one isolated piece of evidence.

The period in Article 52 includes the statutory period and the period designated by the Trademark Review and Adjudication Board. The period shall be calculated in accordance with the provisions of Article 12 of the Implementing Regulations.

Article 53 The date of the documents or materials submitted by the parties to the Trademark Review and Adjudication Board shall be based on the date of submission if submitted directly; if the date of submission is by mail, the date of the postmark shall be deemed as the date of submission; if the date of the postmark is unclear or there is no postmark, the date of submission shall be the date of submission. The actual date of receipt by the Trademark Review and Adjudication Board shall prevail, unless the party concerned can provide evidence of the actual postmark date. If it is submitted through an express delivery company other than a postal enterprise, the date of receipt and delivery by the express delivery company shall prevail; if the date of receipt and delivery is unclear, the actual receipt date by the Trademark Review and Adjudication Board shall prevail, unless the party concerned can provide evidence of the actual receipt and delivery date. If submitted in the form of data message, the date of entry into the electronic system of the Trademark Review and Adjudication Board shall prevail.

When parties mail documents to the Trademark Review and Adjudication Board, they shall use receipt mail.

When the parties submit documents to the Trademark Review and Adjudication Board, they shall indicate the trademark application number or registration number and the name of the applicant in the documents. If the content of the submitted documents is submitted in writing, the files and records stored by the Trademark Review and Adjudication Board shall prevail; if it is submitted in the form of data message, the records in the Trademark Review and Adjudication Board's database shall prevail, but the party concerned does have evidence to prove that the files and database records of the Trademark Review and Adjudication Board shall prevail. Errors are excluded.

Article 54 Various documents of the Trademark Review and Adjudication Board may be delivered to the parties by mail, direct delivery, data message or other means; if they are served by data message, the consent of the party must be obtained. If the party entrusts a trademark agency, the documents delivered to the trademark agency shall be deemed to have been served on the party.

The date on which the Trademark Review and Adjudication Board serves various documents to the parties. If it is mailed, the postmark date received by the party shall prevail; if the postmark date is unclear or there is no postmark, it shall be deemed served fifteen days from the date the document is issued. Party, unless the party can prove the actual date of receipt; if submitted directly, the date of submission shall prevail. If the document is served by data message, it shall be deemed to have been served on the party concerned fifteen days from the date of issuance of the document; if the document cannot be served by the above methods, it may be served to the party by announcement, and thirty days shall have passed since the date of publication of the announcement. date, the document is deemed to have been served.

If the Trademark Review and Adjudication Board sends documents to the party by mail but is returned and then is served by announcement, all subsequent documents will be served by announcement, unless the party clearly informs the mailing address after the announcement is served.

Article 55 In accordance with the provisions of Paragraph 3 of Article 5 of the Implementing Regulations, if the respondent or original opponent of a trademark review case is a foreigner or foreign enterprise without a habitual residence or business office in China, the trademark review shall be registered by the reviewer. The domestic recipient specified in the application is responsible for receiving the relevant legal documents of the trademark review procedure; when the Trademark Review and Adjudication Board delivers the relevant legal documents to the domestic recipient, it is deemed to have been served on the party concerned.

If the domestic recipient cannot be determined in accordance with the provisions of the preceding paragraph, the trademark agency in the original examination procedure of the Trademark Office or the last trademark agency to apply for handling matters related to the trademark shall bear the obligation to sign for and convey the relevant legal documents in the trademark review procedure; the Trademark Review and Adjudication Board will Legal documents are served on the trademark agency. If the trademark agency has terminated the trademark agency relationship with the foreign party before the relevant legal documents are served, it shall explain the relevant situation to the Trademark Review and Adjudication Board in writing, and return the relevant legal documents to the Trademark Review and Adjudication Board within ten days from the date of receipt of the documents. Committee, shall be separately served by the Trademark Review and Adjudication Board.

If the Madrid international registered trademark involves the forwarding of relevant documents by the International Bureau, the corresponding evidence of service should be submitted. If it is not submitted, the reasons shall be stated in writing, and it shall be deemed to have been served fifteen days from the date of issuance of the document by the International Bureau.

If the above method cannot be delivered, it will be delivered by announcement.

Article 56 If a staff member of a state agency engaged in trademark review neglects his duties, abuses his power, engages in malpractice for personal gain, handles trademark review matters illegally, accepts property from parties, and seeks illegitimate interests, he shall be punished in accordance with the law.

Article 57 If a party is dissatisfied with the decision of the Trademark Office to reject a trademark registration application, he or she shall submit a review application to the Trademark Review and Adjudication Board before May 1, 2014. (Japan, the same below), the revised Trademark Law shall apply.

For cases where a party is dissatisfied with the opposition ruling made by the Trademark Office and submits a review application to the Trademark Review and Adjudication Board before May 1, 2014, and the case is heard by the Trademark Review and Adjudication Board after May 1, 2014, the subject qualifications of the party filing the objection and review shall apply. The Trademark Law before the modification, other procedural issues and substantive issues shall be governed by the Trademark Law after the modification.

For registered trademarks, the parties submitted disputes and cancellation review applications to the Trademark Review and Adjudication Board before May 1, 2014. For cases heard by the Trademark Review and Adjudication Board after May 1, 2014, relevant procedural issues shall be governed by the revised Trademark Law. , substantive issues shall be governed by the Trademark Law before the amendment.

For trademark review cases where the parties apply to the Trademark Review and Adjudication Board before May 1, 2014, the trial period shall be calculated from May 1, 2014.

Article 58 The document format for handling trademark review matters shall be formulated and published by the Trademark Review and Adjudication Board.

Article 59 The State Administration for Industry and Commerce is responsible for the interpretation of these rules.

Article 60 These rules will come into effect on June 1, 2014.