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Rules for Trademark Review and Adjudication (2002)

( Revised on 17 September 2002 by the State Administration for Industry and Commerce )

General Provisions

Article 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 Regulations for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations).

Article 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.

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

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

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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 authorized in writing by the interested parties represented.

Article 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 authorized 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 authorized by the State and having the qualifications.

Article 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 authorized; the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.

Notarization and legalization 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.

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

Article 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.