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Rules for Trademark Review and Adjudication (2002)

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

Supplementary Provisions

Article 99.   The circumstances having arisen before entry into force of the Decision on the Amendment of the Trademark Law on 1 December 2001 that are listed in Articles 4, 5, 8, 9, paragraph one, 10, paragraph one (2), (3) and (4), 10, paragraph two, 11, 12, 13, 15, 16, 24, 25 and 31 of the revised Trademark Law and that the Trademark Review and Adjudication Board reviewed and adjudicated after entry into force of the Decision on the Amendment of the Trademark Law shall be reviewed and adjudicated pursuant to the relevant provisions of the revised Trademark Law. In respect of other circumstances, the Trademark Review and Adjudication Board shall apply the relevant provisions of the former Trademark Law to the review and adjudication thereof.

Article 100.   Where an interested party applies to the Trademark Review and Adjudication Board for review and adjudication in respect of a dispute over a trademark that had been registered for a year when the Decision on the Amendment of the Trademark Law entered into force, the time limit for filing the application provided for in Article 27, paragraph two, of the former Trademark Law shall apply in handling the application to the Trademark Review and Adjudication Board for review and adjudication. Where an interested party applies to the Trademark Review and Adjudication Board for review and adjudication in respect of a dispute over a trademark that had been registered for less than a year when the Decision on the Amendment of the Trademark Law entered into force, the time limit for filing the application provided for in Article 41, paragraph three, of the revised Trademark Law shall apply in handling the application to the Trademark Review and Adjudication Board for review and adjudication.

Where an relevant entity or person files on application for review and adjudication according to the provisions of Article 27 of the former Trademark Law and Rule 25 of Implementing Regulations thereof before entry into force of the Decision on the Amendment of the Trademark Law, and the application falls into the provisions of Articles 13, 15, 16 or 31 of the revised Trademark Law, the provision for the time limit for filing application for review and adjudication of Article 41, paragraph two, of the revised Trademark Law does not apply.

Article 101.   Where cases had been accepted before entry into force of the Decision on the Amendment of the Trademark Law, but fall outside the scope of review and adjudication by the Trademark Review and Adjudication Board provided for in Article 28 of the Implementing Regulations and the review and adjudication of which have not been closed, the Trademark Review and Adjudication Board shall return them, notify the applicants in writing and explain the reason.

Article 102.   Where cases of re-review and re-adjudication that have been accepted according to the provisions of Rules 34 and 35 of the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995 before entry into force of the Decision on the Amendment of the Trademark Law fall into the scope of review and adjudication by the Trademark Review and Adjudication Board as provided for in Article 28 of the Implementing Regulations, the Trademark Review and Adjudication Board shall conduct review and adjudication thereof again and make decision or adjudication thereon pursuant to the revised Trademark Law and the Implementing Regulations thereof, except that it is otherwise provided for in Rules 99 and 100 of these Rules for the application of the relevant provisions of the former Trademark Law.

Article 103.   The documents or forms for handling review and adjudication matters shall be formulated and published by the State Administration for Industry and Commerce.

Article 104.   The Trademark Review and Adjudication Board shall establish an experts consultation group for consultation or comments on relevant points at issue in the trademark review and adjudication.

The experts consultation group shall be composed of legal experts, and the Trademark Review and Adjudication Board shall appoint experts to make the experts consultation group.

Article 105.   Before these Rules enter into force, the Trademark Review and Adjudication Board shall hear cases of trademark review and adjudication according to the procedure under the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995. However, where the Rules run into conflict with the Decision on the Amendments of the Trademark Law, the Decision on the Amendment of the Trademark Law shall govern. Where the Rules run into conflict with the Implementing Regulations after the Implementing Regulations enter into force, the Implementing Regulations shall govern. Where the State Administration for Industry and Commerce issues notification to provide otherwise in connection with the Rules, the provisions of the relevant notification shall be complied.

Article 106.   The State Administration for Industry and Commerce shall be responsible for the interpretation of these Rules.

Article 107.   These Rules shall enter into force on 17 October 2002, and the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995 shall be simultaneously abrogated.