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Trademark
【Promulgator】  the State Administration for Industry and Commerce
【Promulgation Date】  2002-09-17
【Status】  Invalid
【Effective Date】  2002-10-17

(Promulgated on 2 November 1995 in the former Order No. 37 and revised on 17 September 2002 in the Order No. 3 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).

Rule 2 Under the Trademark Law and the Implementing Regulations thereof, 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 dispute:

(1) Cases of application for reexamination filed according to the provision of Article 32 of the Trademark Law out of dissatisfaction with decisions 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) Cases of application for reexamination filed according to the provision of Article 33 of the Trademark Law out of dissatisfaction with opposition adjudication made by the Trademark Office;

(3) Cases of request for adjudication on cancellation of registered trademarks filed according to the provision of Article 41 of the Trademark Law; and

(4) Cases of application for reexamination filed according to the provision of Article 49 of the Trademark Law out of dissatisfaction with cancellation decisions made by the Trademark Office according to the provisions of Articles 41, paragraph one, 44 and 45 of the Trademark Law.

Rule 3 The review and adjudication activities in which an interested party participates in cases of trademark dispute shall proceed in writing.

Rule 4 The Trademark Review and Adjudication Board shall hear cases of trademark dispute on the basis of facts and in accordance with law.

Rule 5 The Trademark Review and Adjudication Board shall hear cases of trademark dispute in such a way that all interested parties are equal in application of law.

Rule 6 The Trademark Review and Adjudication Board shall hear cases of trademark dispute in writing, except the circumstances where it decides to publicly review and adjudicate a case according to the provision of Article 33 of Implementing Regulations.

Rule 7 The Trademark Review and Adjudication Board shall notify, in writing, the interested parties of, and explain the reason for, the decisions and adjudication made according to the Trademark Law, the Implementing Regulations and these Rules.

Rule 8 Unless otherwise provided for in these Rules, the collegial system shall be adopted for the Trademark Review and Adjudication Board to hear cases of trademark dispute, and the staff members for the trademark review and adjudication shall make a collegial panel to conduct the hearing of a case.

When the collegial panel hears a case, the principle is adopted that the minority are subordinate to the majority.

Rule 9 In any one of the following circumstances, any staff member of the Trademark Review and Adjudication Board shall withdraw, or an interested party may request him to withdraw:

(1) he is a party or a close relative to a party or agent of the case;

(2) he is related in such ways a party or agent insofar as the relation would affect impartiality; or

(3) he has his interests in the handling of the matter of trademark review and adjudication.

An interested party shall apply for the withdrawal of a staff member for trademark review and adjudication in writing and explain the reason therefor.

Rule 10 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.

Rule 11 Where interested parties who are co-owners of a trademark participate in the review and adjudication, they shall designate a representative; where no representative is designated, the first person indicated in the trademark registration application or in the Trademark Register shall be the representative. The action 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 must be authorised in writing by the interested parties represented.

Rule 12 Where a foreign person or enterprise attending to matters of review and adjudication who has his or its habitual residence or place of business in China may entrust a trademark agency authorised by the State and having the qualifications with, or directly attend to, the matter. Where a foreign person or enterprise attending to the matter of review and adjudication who does not have his or its habitual residence or place of business in China shall entrust a trademark agency authorised by the State and having the qualifications.

Rule 13 An interested party entrusting a trademark agency with the participation in the trademark review and adjudication shall submit a Power of Attorney. The Power of Attorney shall indicate such content and competence as authorised; the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.

Notarisation and legalisation of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done based on the principle of reciprocity.

The foreign person or foreign enterprise that applies for or participates in trademark review and adjudication shall use the Chinese language, and documents in a foreign language shall be attached with a Chinese translation thereof.

Rule 14 Where there is a change in the competence as authorised or the agent relation dissolved, the interested party shall inform the Trademark Review and Adjudication Board in writing in a timely manner.

Rule 15 Interested parties and agents may consult documents relating to a case, and apply for making copies of the documents and legal instruments relating to the case. The scope and way of the consulting and copying of the documents relating to the case shall be provided for by the Trademark Review and Adjudication Board.

Chapter II Application and Acceptance

Rule 16 Applications for trademark review and adjudication shall conform to the requirements as follows:

(1) The applicants must be 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, factual bases and grounds for the review and adjudication; and

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

Rule 17 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. To apply for reexamination in respect of a decision or adjudication made by the Trademark Office, one shall also submit the Decision or Adjudication made by the Trademark Office along with the Application.

Rule 18 Following information shall be indicated in the Application:

(1) The name, address and postal code of the applicant; if the applicant is a legal entity or other organisation, the name and position of its legal representative or leading person;

(2) The title, application number or preliminary examination number, registration number of the trademark at issue and the issue number of the Trademark Gazette publishing the trademark;

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

(4) The name and telephone number of the person to be contacted.

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, postal code and telephone number thereof shall also be indicated.

Rule 19 The Trademark Review and Adjudication Board shall not accept trademark review and adjudication applications that do not conform to any one of the requirements of Rule 16 (1), (2) and (3) of these Rules, notify the applicants in writing and explain the reason.

Rule 20 Where a trademark review and adjudication application that does not conform to any one of the requirements of Rule 16 (4), (5) and (6) of these Rules or where the relevant certificates or proofs are not submitted according to the Implementing Regulations and these Rules, the Trademark Review and Adjudication Board shall notify the applicant to make rectification and require him to comply within 30 days from the date of receipt of the notification on rectification.

The Trademark Review and Adjudication Board shall not accept any application that remain contrary to the requirements upon rectification, notify the applicant in writing and explain the reason. Where the rectification is not made at the expiration of the time limit, the review and adjudication application shall be deemed to have been withdrawn by the applicant according to the provision of Article 30 of the Implementing Regulations, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

Rule 21 Where a trademark review and adjudication application conforms to the requirement of acceptance, the Trademark Review and Adjudication Board shall issue to the applicant the Acceptance Notification within thirty days.

Rule 22 In any one of the following circumstances, trademark review and adjudication applications accepted by the Trademark Review and Adjudication Board are ones that fail to conform to the requirements of acceptance, and shall be rejected according to Article 30 of the Implementing Regulations:

(1) they are contrary to the provision of Article 42 of the Trademark Law in that applications for adjudication are filed on the basis of the same facts and grounds in respect of the trademarks to which opposition was raised and on which adjudication was made before they were approved for registration;

(2) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect of trademarks to which opposition was raised and on which adjudication was made after the applicant withdrew the trademark review and adjudication applications;

(3) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect to the adjudication or decision made by the Trademark Review and Adjudication Board; or

(4) any other circumstances under which the applications shall not be accepted.

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 23 The applicant who needs to supplement relevant proofs after filing the review and adjudication applications shall make a statement in the Application and submit the same number of copies of the proofs as that of the Application within three months from the date of filing. Where the applicant does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Rule 24 Where there is/are a respondent/respondents indicated in the Review and Adjudication Application, the Trademark Review and Adjudication Board, upon acceptance, shall forward the copies of the Application and the relevant proofs thereto in a timely manner, and require him/them to submit the Reply to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the copy of the Application, and submit the same number of copies thereof as that of the applicants. Failure to submit the Reply shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Rule 25 The respondent who needs to supplement relevant proofs after he makes a Reply shall make a statement in the Reply and submit the same number of copies of the proofs as that of the Reply within three months from the date of submitting the Reply. Where the respondent does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Rule 26 After receipt of the Reply and the relevant proofs from the respondent, the Trademark Review and Adjudication Board shall forward the copies of the Reply and the relevant proofs to the applicant in a timely manner.

The applicant who has evidence contrary to the Reply and the relevant proofs shall submit all the evidence to the Trademark Review and Adjudication Board within thirty days from the date of the receipt of the Reply and the relevant proofs.

Rule 27 The applicant, when filing an Application or respondent, when filing a Reply, shall, meanwhile, submit valid certificates capable of proving his identification. The name of the applicant or the respondent shall be consistent with that indicated in the certificates submitted.

Where there is a change in the name or address of an interested party, relevant proofs to this effect shall be submitted.

Rule 28 The interested party shall categorise, number and list each proof he submits, briefly explain the source thereof and specific facts of the evidence, 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 thereon and indicate the date of submission.

Rule 29 The Trademark Review and Adjudication Application and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the applicant to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Application and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall be governed by Rule 20, paragraph two, of these Rules.

The Trademark Review and Adjudication Reply and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the respondent to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Reply and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Chapter III Hearing

Rule 30 The Trademark Review and Adjudication Board shall set up a collegial panel to hear a case of trademark review and adjudication. The collegial panel shall be composed of an odd number of three or more trademark review and adjudication staff members. However, cases with clear facts and simple circumstances to be heard by the Trademark Review and Adjudication Board may be reviewed and adjudicated solely by an individual trademark review and adjudication staff member.

Rule 31 In any one of the following circumstances, an individual trademark review and adjudication staff member may solely review and adjudicate a case:

(1) where a trademark which has cited by the Trademark Office in its rejection decision or opposition adjudication has lost the exclusive right or the right of priority therein;

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

(3) where a trademark which has cited by the Trademark Office in its rejection decision is actually owned by an applicant, but rejected by the Trademark Office because the applicant fails to go through the formalities for a change in time, and the applicant applies, during the review and adjudication, to the Trademark Office to complete the formalities for the change;

(4) where a trademark, cited by the Trademark Office in its rejection decision, in respect of which another person has filed a prior application or which he has been granted the registration has been, during the review and adjudication, approved to be assigned to the applicant; or

(5) any other cases which the Trademark Review and Adjudication Board decides that they may be under the sole review and adjudication by an individual trademark review and adjudication staff member.

Rule 32 After the trademark review and adjudication staff members are decided on, the Trademark Review and Adjudication Board shall notify the interested parties in writing in a timely manner.

Rule 33 Where an interested party applies for the withdrawal of a trademark review and adjudication staff member according to the provision of Article 9 of the Implementing Regulations and Rule 9 of these Rules, he shall file the application within fifteen days from the date of being informed of the trademark review and adjudication staff members. Where a party finds out the circumstance in which some relevant trademark review and adjudication staff member should withdraw at the expiration of the time limit, he may do so before a review and adjudication decision or adjudication is made, but he shall furnish relevant evidence.

Any trademark review and adjudication staff member whose withdrawal has been applied for shall suspend his participation in the hearing of the case before the Trademark Review and Adjudication Board decides whether or not he should withdraw.

The Trademark Review and Adjudication Board's receipt of a party application for withdrawal after it makes decision or adjudication shall not affect the validity of the review and adjudication decision or adjudication.

Rule 34 In respect of a party's application for withdrawal, the Trademark Review and Adjudication Board shall make its decision within seven days after the date of the receipt of the application, and notify the applicant in writing. An applicant who is not satisfied with the decision on withdrawal made by the Trademark Review and Adjudication Board, may apply for reconsideration once within three days after the date of the receipt of the decision. During the reconsideration, the trademark review and adjudication staff member whose withdrawal has been applied for shall not suspend his participation in the hearing of the case. The Trademark Review and Adjudication Board shall make its reconsideration decision within three days, and notify the reconsideration applicant in writing.

Rule 35 In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on the rejection of trademark registration, the Trademark Review and Adjudication Board shall review and adjudicate the rejection decision made by the Trademark Office, the facts of, grounds on and requests for the reexamination application by the applicant and the factual situation in the course of review and adjudication.

Rule 36 In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on the opposition adjudication, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts of, grounds on and requests for, the reexamination application and reply made by the interested parties.

Rule 37 In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on cancellation of a registered trademark according to the provision of Article 41, paragraph one, of the Trademark Law, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the decision made by the Trademark Office and the facts of, grounds on and requests for, the reexamination application by the interested parties.

In hearing a case of reexamination applied for out of dissatisfaction with a decision on cancellation of a registered trademark made by the Trademark Office according to the provision of Articles 44 and 45 of the Trademark Law, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts, grounds and application of law on the basis of which the Trademark Office has made the decision on cancellation of a registered trademark.

Rule 38 In hearing a case of adjudication requested according to the provision of Article 41 of the Trademark Law on the cancellation of a registered trademark, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts of, grounds on and requests for, the reexamination application and reply by the interested parties.

Rule 39 In any one of the following circumstances, the review and adjudication shall terminate:

(1) the applicant dies, there is not an heir in title, or the heir in title abandons his right for review and adjudication;

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

(3) the interested parties eliminate a dispute via agreement; or

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

Where the review and adjudication terminates, the Trademark Review and Adjudication Board shall close the case, notify the interested parties in writing, and explain the reason.

Rule 40 Where he requests for withdrawal of his application before the Trademark Review and Adjudication Board makes a decision or adjudication, the applicant may withdraw his application upon explanation in writing to the Trademark Review and Adjudication Board of the reasons therefor. However, receipt of the request from the applicant for withdrawal of his application for review and adjudication shall not affect the validity of the review and adjudication decision or adjudication.

Rule 41 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 on a case the review and adjudication of which has been closed.

Rule 42 The following shall be indicated in the decision or adjudication by the Trademark Review and Adjudication Board:

(1) Request for review and adjudication and facts at issue and grounds;


(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 43 In respect of cases transferred from the people's court for reexamination where an interested party institutes proceedings in the people's court out of dissatisfaction with a decision or adjudication made by the Trademark Review and Adjudication Board, the Trademark Review and Adjudication Board shall set up another collegial panel to conduct the review and adjudication again.

Rule 44 Where an interested party does not institute proceedings in the people's court in respect of a decision or adjudication made by the Trademark Review and Adjudication Board within the statutory time limit, the decision or adjudication shall become legally effective.

Chapter IV Public Review and Adjudication

Rule 45 The Trademark Review and Adjudication Board may, at the request of an interested party or according to practical needs, decide to conduct a public review and adjudication of the application therefor.

Rule 46 If an interested party requests for public review and adjudication, he shall give specific reasons that the public review and adjudication is necessary.

Rule 47 In respect of the following cases involving both parties, the Trademark Review and Adjudication Board may decide to hold the public review and adjudication at the request of an interested party:

(1) One interested party requests for the face-to-face cross-examination or debate on important evidence with the other party; or

(2) It is necessary to ask for the presence of the witness who has furnished important oral evidence for testimony or cross-examination.

Rule 48 An applicant requesting for the public review and adjudication shall file the request in writing with the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the copy of the Reply made by the respondent; and a respondent requesting for the public review and adjudication shall file the request together with the submission to the Trademark Review and Adjudication Board of the Reply or additional relevant proofs.

Rule 49 In any one of the following circumstances, the Trademark Review and Adjudication Board may decide at its own discretion to hold the public review and adjudication:

(1) It is necessary for both parties to hold the face-to-face cross-examination or debate to determine important evidence;

(2) It is necessary to cross-examine and question the witness furnishing important oral evidence to determine important evidence; or

(3) Any other circumstances in which the public review and adjudication is necessary.

Rule 50 If it holds necessary, the Trademark Review and Adjudication Board may decide to hold the public review and adjudication again of a case in respect of which the public review and adjudication has been held.

Rule 51 The public review and adjudication shall be conducted in respect to the proofs that the interested parties have submitted to the Trademark Review and Adjudication Board and that have been exchanged between both parties.

Rule 52 Where a decision is made to hold the public review and adjudication, the collegial panel shall notify, in writing, the interested parties and other review and adjudication staff members fifteen days before the public review and adjudication is held, of the date and place of the public review and adjudication, and the persons making the collegial panel.

Rule 53 The interested parties shall submit the Receipt of the Public Review and Adjudication Notification to the Trademark Review and Adjudication Board three days before the public review and adjudication is held. Where the review and adjudication applicant fails to do so to reply whether he is going to attend the public review and adjudication at the expiration of the time limit, or does not attend the public review and adjudication, his application for review and adjudication shall be deemed to have been withdrawn, and the review and adjudication proceeding terminates. The Trademark Review and Adjudication Board shall close the case and notify the applicant in writing. Where the review and adjudication applicant replies before the time limit expirates, saying not to attend the public review and adjudication, or the respondent does not return the Receipt at the expiration of the time limit, nor attends the public review and adjudication, the Trademark Review and Adjudication Board may hold the review and adjudication by default.

Rule 54 The receipt of the Public Review and Adjudication Notification shall be signed or sealed by the interested parties. If they express their intention to attend the public review and adjudication, the interested parties shall indicate, in the Receipt of the Public Review and Adjudication Notification, the name and identification of the attendants the interested parties send to the public review and adjudication. If an interested party appoints a trademark agency to attend the public review and adjudication, he shall indicate, in the Receipt of the Public Review and Adjudication Notification , the name of the trademark agent who is going to attend the public review and adjudication.

Where a witness is requested to attend the public review and adjudication to present his testimony regarding the oral evidence he has presented during the hearing, the name of the witness, the relevant information ascertaining his identification and the facts to be testified shall be indicated in the Receipt of the Public Review and Adjudication Notification. A witness who is not indicated therein shall not attend the public review and adjudication to present testimony.

Rule 55 Those sent by each party to the public review and adjudication shall not be more than four persons, including the agent from an appointed trademark agency. If one party sends several persons to attend the public review and adjudication, he shall appoint one of them as first speaker to make the main presentation.

Rule 56 Before the public review and adjudication begins, the Trademark Review and Adjudication Board may hold a pre-hearing preparatory meeting attended by both parties to solicit their opinions regarding the relevant facts and proofs and to determine the main issues to be investigated in the public review and adjudication.

The collegial panel shall prepare a record of the opinions raised by the interested parties at the preparatory meeting held before the public review and adjudication, and the record shall be verified and signed by both parties.

Rule 57 When the public review and adjudication begins, the collegial panel shall check the identification certificates of the participants of the public review and adjudication and confirm whether or not they are qualified to attend the public review and adjudication and find out whether or not the interested parties and other participants are present at the public review and adjudication.

Rule 58 Before the investigation at the public review and adjudication, the collegial panel shall brief on the case, clarify the main issue in dispute between the two parties, and then proceed to commence the investigation of the public review and adjudication.

Article 59 The investigation of the public review and adjudication proceeds in the order as follows:

(1) the applicant presents his review and adjudication requests and briefs on the relevant facts and evidence;

(2) the respondent makes a defence;

(3) the collegial panel makes verifications as to the review and adjudication requests, grounds, and the evidence furnished by the parties to the case;

(4) the applicant adduces evidence regarding the grounds of the review and adjudication request, the facts and proofs based on which the request is filed; and

(5) the respondent cross-examines the applicant's evidence and raises counter evidence, and the applicant cross-examines the respondent's counter evidence.

Rule 60 In cases of public review and adjudication, evidence shall be presented at the public review and adjudication and cross-examined by the parties. Evidence which has not been cross-examined should not be used as the basis to ascertain the facts in a case. Evidence which the parties accepted at the pre-hearing preparatory meeting and which is recorded on files may do so after the collegial panel makes it clear at the public review and adjudication.

When cross-examining documentary evidence, material evidence or audiovisual reference material, an interested party has the right to request for producing the original of the evidence, except that the original has lost or that there exists evidence showing that the copy or reproduction is consistent with the original.

Rule 61 During the cross-examination, interested parties shall challenge, clarify and argue about the authenticity, relevance, legitimacy and the evidential force of the evidence.

Rule 62 The cross-examination shall proceed in the order as follows:

(1) The applicant produces evidence, and the respondent cross-examines it with the applicant; and

(2) The respondent produces evidence, and the applicant cross-examines it with the respondent.

Rule 63 The members of the collegial panel may question an interested party or witness on relevant facts and evidence and require an interested party or witness to make explanation.

An interested party may question a witness with the consent of the collegial panel.

The interested party shall not question a witness in intimidating or insulting language or manner.

Rule 64 Any witness shall not audit on the public review and adjudication. When a witness is questioned, other witnesses shall not be present.

The Trademark Review and Adjudication Board may ask a witness to cross-examine evidence when necessary.

Rule 65 After the public review and adjudication investigation is over, oral debate may be held. The interested parties make their observations concerning the facts demonstrated by the evidence, the issues in dispute and the matter of application of law.

Where they have no dispute over the evidence and facts of the case, both parties may directly enter into the oral debate on the basis of verification of the evidence and facts.

Rule 66 The oral debate proceeds in the order as follows:

(1) the applicant makes a presentation;

(2) the respondent makes a defence; then

(3) they debate with each other.

During the oral debate, the members of the collegial panel may ask questions.

Rule 67 Where an interested party presents evidence which he has furnished before, but which has not been investigated in the public review and adjudication in the course of the oral debate, the collegial panel may adjourn the debate, and restart the public review and adjudication investigation. The oral debate shall resume after the investigation is over.

Rule 68 After both parties make their observations at the debate, the collegial panel shall first ask the applicant and then the respondent to make their final comments.

Rule 69 After the final comments are made, the public review and adjudication is over. The Trademark Review and Adjudication Board shall make adjudication according to law within a certain period afterward, and send the Adjudication to the interested parties.

Rule 70 The collegial panel shall put the public review and adjudication down in writing, recording the important matters involved in the public review and adjudication. When the public review and adjudication terminates, the collegial panel shall give the record to the interested parties for verification. The interested parties have the right to request for correction of defects or errors in the record. Record that proves to be correct upon verification shall be signed by the interested parties and put on file. Where an interested party refuses to sign the record, the collegial panel shall indicate it in the public review and adjudication record.

The important matters mentioned in the preceding paragraph contain, among other things, following information:

(1) the review and adjudication request, grounds and evidence of the parties;

(2) important facts accepted by both parties; and

(3) any other important matters that need to be put down in writing.

Rule 71 During the public review and adjudication, auditing, photograph-taking, sound-recording and video-recording shall not be allowed without the permission of the Trademark Review and Adjudication Board.

Chapter V Rules on Evidence

Rule 72 If an applicant files an application with the Trademark Review and Adjudication Board or a respondent raises a rebuttal, he shall furnish relevant proofs.

The proofs include, among other things, documentary evidence, material evidence, audiovisual reference material, oral evidence of witnesses, statements made by the parties and appraisal conclusion.

Rule 73 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 rebut the other party's review and adjudication request.

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.

Rule 74 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.

The other party's neither acknowledging nor denying the facts claimed by an interested party shall be deemed acknowledgement thereof.

Where an interested party appoints an agent to attend the review and adjudication, the agent's acknowledgement shall be deemed the interested party's acknowledgement, except that the acknowledgement by an agent not specially authorised directly results in the acknowledgement of the review and adjudication request of the other party. Lack of denial, on the part of the interested party present, of the acknowledgement by the agent shall be deemed acknowledgement thereof.

Where an interested party withdraws his acknowledgement before the debate at the public review and adjudication is over and the other party gives his consent thereto, or where there is sufficient evidence to show that his acknowledgement is made under coercion or in the presence of major misunderstanding, the other party shall not be exempt from the burden of proof.

Rule 75 An interested party does not need to adduce evidence to prove the following facts:

(1) facts known to all;

(2) facts deducted from the law;

(3) facts proven according to the law;

(4) facts deducted on the basis of experience and laws of the daily life; and

(5) other facts in respect of which adduction of evidence is not required under the law.

Except that an interested party has evidence to the contrary which is sufficient enough to upset the facts.

Rule 76 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 Xerox copies, photographs or extracts certified to be consistent with the original. Where the Xerox copies, photographs or extracts, which are certified to be consistent with the original, of the original documentary evidence kept by a relevant department, the sources shall be indicated and sealed thereby upon verification.

Rule 77 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 reproduction certified to be consistent with the original material or other evidence such as photographs or video-recordings of said material evidence. Where the original is of relatively many varieties, a part thereof shall be furnished.

Rule 78 Where an interested party furnishes the Trademark Review and Adjudication Board with computer data or audiovisual reference material, such as sound-recordings or video-recordings, the following requirements shall be complied with:

(1) the original carrier of the relevant reference material be furnished; where it is indeed difficult to furnish the original carrier, the reproduction thereof may be furnished;

(2) the way, time, reproducer and facts to be proved of the reproduction be indicated; and

(3) the sound-recording reference material be attached with the transcripts thereof.

Rule 79 An interested party furnishes the Trademark Review and Adjudication Board with a witness's oral evidence , the following requirements shall be complied with:

(1) the name, age, gender, residence, employer or profession and other information of the witness be indicated;

(2) the witness signs the oral evidence; where he cannot sign it, he put his seal on it or give proof in some other way;

(3) the date on which it is produced be indicated; and

(4) doucments showing the identification of the witness, such as a copy of identification card shall be attached.

Rule 80 Where an interested party furnishes the Trademark Review and Adjudication Board with an appraisal conclusion, he shall indicate the entruster, subject matters of appraisal entrusted, relevant material submitted to the appraisal department, basis of appraisal and statements of the qualification of the appraisal department and appraisers and the appraisal conclusion shall be signed by the appraisers and sealed by the appraisal department. For an appraisal conclusion obtained through analysis, the process of analysis shall be explained.

Rule 81 Where evidence an interested party furnishes to the Trademark Review and Adjudication Board is formed outside the territory of the People's Republic of China, the e