商标评审规则（修订） Trademark Review and Adjudication Rules (Revised)

pplication and the TRAB shall notify the applicant in writing， in accordance with Article 30 of the Implementing Regulations.

　　Article 21　If an application for trademark review and adjudication is found upon examination to meet the conditions for acceptance， the TRAB shall issue an Acceptance Notice to the applicant within 30 days.

　　Article 22　A trademark review and adjudication application that has been accepted by the TRAB shall be considered as not meeting the conditions for acceptance and rejected in accordance with Article 30 of the Implementing Regulations， if：

　　1. the application violates Article 42 of the Trademark Law because the trademark was opposed and such opposition was ruled on before its registration was approved， and the said application for a ruling is subsequently made on the basis of the same facts and grounds；

　　2. the application violates Article 35 of the Implementing Regulations because after withdrawing its application for trademark review and adjudication， the applicant again submits a review and adjudication application based on the same facts and grounds；

　　3. the application violates Article 35 of the Implementing Regulations because the TRAB has made a ruling or decision， and the said application is a repeat application for review and adjudication based on the same facts and grounds； or

　　4. the application fails to meet another condition for acceptance.

　　If the TRAB rejects a trademark review and adjudication application， it shall notify the applicant in writing， stating the grounds for the rejection.

　　Article 23　If the applicant needs to submit relevant supplementary exhibits after he applies for review and adjudication， he shall include a statement to that effect in his application and submit the exhibits in the same number of copies as the application within three months from the date on which he filed the application. If he does not include the above-mentioned statement in his application or fails to submit the above-mentioned exhibits within the time limit， he shall be deemed to have foregone his submission of supplementary exhibits.

　　Article 24　If a review and adjudication application is directed against a respondent， the TRAB shall， once it has accepted the application， promptly deliver the duplicate of the application and the relevant exhibits to the respondent and instruct him to submit a written defence to the TRAB within 30 days from the date of receipt of the duplicate of the application， accompanied by the same number of duplicates as there are applicants. Failure to submit a written defence within the time limit shall not affect the review and adjudication by the TRAB.

　　Article 25　If the respondent needs to submit relevant supplementary exhibits after submission of his written defence， he shall include a statement to that effect in his written defence and submit the exhibits in the same number of copies as his written defence within three months from the date on which his written defence was submitted. If he does not include the above-mentioned statement in his written defence or fails to submit the above-mentioned exhibits within the time limit， he shall be deemed to have foregone his submission of supplementary exhibits.

　　Article 26　After the TRAB has received the respondent's written defence and exhibits， it shall promptly deliver the duplicate of the defence and the exhibits to the applicant.

　　If the applicant has counter-evidence in respect of the respondent's written defence or the exhibits provided， he shall submit such evidence to the TRAB at one time within 30 days from the date of receipt of the written defence and related exhibits.

　　Article 27　When the applicant submits his application or the respondent submits his written defence， he shall also provide valid documentation proving his identity. The name of the applicant or respondent must be the same as that on the proof of identity provided.

　　In the event of a change in particulars such as the name， domicile， etc. of any of the parties， the party concerned shall furnish the relevant supporting documents.

　　Article 28　The parties shall classify and number each exhibit that they submit， compile an index thereof， giving a brief description of the source of the exhibits and the specific facts that they support， and sign and seal the same.

　　After the TRAB receives the exhibits submitted by the parties， it shall check the exhibits against the index， and the person handling the matter shall sign， and note the submission date， the index and the acknowledgment of receipt.

　　Article 29　The trademark review and adjudication application and the relevant exhibits shall be written and submitted in the prescribed format and according to the specified requirements. If the application or relevant exhibits are not written or submitted in the prescribed format or according to the specified requirements， the TRAB shall notify the applicant to carry out supplementation and/or correction， instructing him to effect the same within 30 days from the date of receipt of the notice. If， after supplementation and/or correction， the application or exhibits still fail（s） to satisfy provisions or if the applicant fails to carry out supplementation and/or correction within the time limit， matters shall be handled in accordance with the second paragraph of Article 20 hereof.

　　The trademark review and adjudication defence and the relevant exhibits shall be written and submitted in the prescribed format and according to the specified requirements. If the defence or relevant exhibits are not written or submitted in the prescribed format and according to the specified requirements， the TRAB shall notify the respondent to carry out supplementation and/or correction， instructing him to effect the same within 30 days from the date of receipt of the notice. Review and adjudication by the TRAB shall not be affected if， after supplementation and/or correction， the application or exhibits still fail（s） to satisfy provisions or if the respondent

fails to carry out supplementation and/or correction within the time limit.

　　PART THREE　HEARINGS

　　Article 30　When hearing a trademark review and adjudication case， the TRAB shall form a tribunal to conduct the hearing. The tribunal shall be composed of an odd number of three or more trademark adjudicators. However， when the TRAB hears cases whose facts are clear and whose circumstances are straightforward， a sole trademark adjudicator may conduct the review and adjudication procedure.

　　Article 31　A case may be reviewed and adjudicated by a sole trademark adjudicator if：

　　1. the exclusive right to use， or prior right in， the trademark cited in a rejection decision or ruling on an opposition rendered by the Trademark Office had already been lost at the time of the review and adjudication procedure；

　　2. a request for a ruling to cancel a trademark has been submitted， but the exclusive right to use such trademark has already been lost；

　　3. the trademark cited in the rejection decision rendered by the Trademark Office belongs to the applicant but was rejected by the Trademark Office because the applicant had failed to timely handle procedures for change； however， by the time of the review and adjudication procedure the applicant has applied to the Trademark Office to complete the procedures for change；

　　4. the third party's prior application or registered trademark cited in the rejection decision rendered by the Trademark Office has been transferred to the applicant， upon approval， by the time of the review and adjudication procedure； or

　　5. it is a case that， as decided by the TRAB， may be reviewed and adjudicated by a sole trademark adjudicator.

　　Article 32　After confirming the trademark adjudicators， the TRAB shall promptly notify the relevant parties thereof in writing.

　　Article 33　If a party or materially interested person intends to challenge a trademark adjudicator pursuant to Article 9 of the Implementing Regulations and Article 9 hereof， he shall do so within 15 days after he has been informed of the trademark adjudicators. If a party or a materially interested person discovers grounds on which to challenge a relevant trademark adjudicator after the expiration of the time limit， he may submit a challenge before the rendering of the review and adjudication decision or ruling， provided that he submits evidence in support thereof.

　　Until the TRAB has made a decision concerning the challenge， the trademark adjudicator challenged shall provisionally cease to participate in the hearing of the case.

　　If the TRAB receives a challenge submitted by a party or a materially interested person after rendering the decision or ruling， the validity of such decision or ruling shall not be affected.

　　Article 34　The TRAB shall render a written decision on a party's challenge within seven days after receipt of the challenge， and shall notify the challenger in writing. If the challenger is dissatisfied with the Trademark Review and Adjudication Board's decision to reject his challenge， he may apply once for reconsideration within three days after receipt of the decision. While the reconsideration is pending， the trademark adjudicator challenged shall continue to participate in the hearing of the case. The TRAB shall render its decision upon reconsideration within three days and notify the applicant in writing.

　　Article 35　When hearing a review case involving dissatisfaction with a decision by the Trademark Office to reject an application to register a trademark， the TRAB shall， when conducting the review and adjudication proc

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