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

edure， consider the Trademark Office's rejection decision， the facts， grounds and claims of the applicant's application for review and the facts as they stand at the time of the review and adjudication procedure.

　　Article 36　When hearing a review case involving dissatisfaction with a ruling

on an opposition rendered by the Trademark Office， the TRAB shall， when conducting the review and adjudication procedure， consider the facts， grounds and claims of the parties' application for review and defence.

　　Article 37　When hearing a review case involving dissatisfaction with a decision by the Trademark Office to cancel a registered trademark pursuant to the first paragraph of Article 41 of the Trademark Law， the TRAB shall， when conducting the review and adjudication procedure， consider the Trademark Office's decision and the facts， grounds and claims of the applicant's application for review.

　　When hearing a review case involving dissatisfaction with a decision by the Trademark Office to cancel a registered trademark pursuant to Article 44 or 45 of the Trademark Law， the TRAB shall， when conducting the review and adjudication procedure， consider the facts， grounds and applicability of laws on which the Trademark Office relied at the time it rendered its decision to cancel the registered trademark.

　　Article 38　When hearing a case involving a request for a ruling to cancel a registered trademark pursuant to Article 41 of the Trademark Law， the TRAB shall， when conducting the review and adjudication procedure， consider the facts， grounds and claims of the parties' application and defence.

　　Article 39　A review and adjudication procedure shall be terminated if：

　　1. the applicant is closed or dies without a successor or his successor waives his right to review and adjudication；

　　2. the applicant withdraws the review and adjudication application；

　　3. the parties eliminate the dispute by means of an agreement； or

　　4. another circumstance requiring termination of the review and adjudication procedure arises.

　　If a review and adjudication procedure is terminated， the TRAB shall close the case， notify the relevant parties thereof in writing and state the grounds therefor.

　　Article 40　If the applicant requests the withdrawal of his application before the TRAB has rendered its decision or ruling， he may do so after stating the grounds therefor to the TRAB in writing. However， if the TRAB receives a request from the applicant for the withdrawal of his application for review and adjudication after it has rendered its decision or ruling， the validity of the review and adjudication decision or ruling shall not be affected.

　　Article 41　When the tribunal hears a case it shall keep written record of the proceedings， which shall be signed by the members of the tribunal. If a member of the tribunal has a dissenting opinion， such opinion shall be truthfully entered into the record of the proceedings.

　　Once the hearing of a case has been completed， the TRAB shall render its decision or ruling according to law.

　　Article 42　The decisions and rulings rendered by the TRAB shall clearly state the following：

　　1. the review and adjudication claims and the facts and grounds concerning the dispute；

　　2. the facts， grounds and applicable legal basis determined in the decision or ruling；

　　3. the conclusions reached in the decision or ruling；

　　4. the follow-up procedures available to the parties and time limits thereon； and

　　5. the date of the decision or ruling.

　　The members of the tribunal shall sign， and the seal of the TRAB shall be affixed to， the written decision or ruling.

　　Article 43　In cases where a party was dissatisfied with the decision or ruling rendered by the TRAB and instituted proceedings in a people's court and the people's court ruled to remand the case for renewed review and adjudication， the TRAB shall form another tribunal to review and adjudicate the case anew.

　　Article 44　If within the statutory time limit no party institutes proceedings in a people's court in respect of a decision or ruling rendered by the Trademark Review and Adjudication Boar

d， the decision or ruling shall become legally valid.

　　PART FOUR　OPEN HEARINGS

　　Article 45　Based on a party's request or actual need， the TRAB may decide to conduct an open hearing in respect of the application for review and adjudication.

　　Article 46　If a party requests an open hearing， he shall furnish the specific reasons why such an open hearing is necessary.

　　Article 47　If requested by a party， the TRAB may decide to conduct an open hearing in the following cases that involve two parties：

　　1. a party requests that a cross-examination or debate involving important evidence be conducted face to face with the other party； or

　　2. it is necessary to obtain a statement from or to cross-examine a witness who has provided important testimony.

　　Article 48　If the applicant intends to request an open hearing， he shall make such request in writing to the TRAB within 15 days from the date of receipt of the duplicate of the respondent's written defence. If the respondent intends to request an open hearing， he shall do so when submitting his written defence or when providing relevant supplementary exhibits to the Trademark Review and Adjudication Board.

　　Article 49　The TRAB may decide to conduct an open hearing ex officio if：

　　1. it is necessary for the parties to conduct cross-examinations or a debate face to face in order to determine important evidence；

　　2. it is necessary to cross-examine or question a witness who has provided testimony in order to determine important evidence； or

　　3. another circumstance requires the conduct of an open hearing.

　　Article 50　If the TRAB deems it necessary， it may decide to conduct a new open hearing in a case where such a hearing has already been conducted.

　　Article 51　An open hearing shall examine the exhibits that have been submitted and exchanged by the parties to and through the Trademark Review and Adjudication Board.

　　Article 52　Once it has decided to conduct an open hearing， the tribunal shall notify the parties and the other participants in writing 15 days prior to the hearing， informing them of the date and venue thereof， the members of the tribunal， etc.

　　Article 53　The parties shall deliver the acknowledgment of receipt of the notice of an open hearing to the TRAB three days prior to the hearing. If the review and adjudication applicant neither submits within the time limit the acknowledgment of receipt， specifying his response as to whether or not he will participate in the open hearing， nor participates in the open hearing， his review and adjudication application shall be deemed to have been withdrawn， the review and adjudication procedure shall be terminated and the TRAB shall close the case and notify the applicant in writing thereof. If the review and adjudication applicant responds before the expiration of the time limit that he will not participate in the open hearing or if the respondent neither submits the acknowledgment of receipt within the time limit nor participates in the open hearing， the TRAB may conduct the review and adjudication procedure by default.

　　Article 54　The acknowledgment of receipt of a notice of an open hearing shall be signed or sealed by the party concerned. If a party indicates that he will participate in the open hearing， he shall state on the acknowledgment of receipt the name（s） and position（s） of the person（s） he has appointed to participate in such hearing. If a party has engaged a trademark agency to participate in the open hearing， he shall state on the acknowledgment of receipt the name（s） of the trademark agent（s） who will participate in such hearing.

　　If a party requests that a witness who has given testimony be present to give evidence concerning his testimony， the said party shall state on the acknowledgment of receipt of the notice of an open hearing the name of the witness， information suffici

ent to determine his position and the facts to be proved. Witnesses not indicated on the acknowledgment of receipt of the notice of an open hearing may not attend such hearing to give evidence.

　　Article 55　No party may appoint more than four persons， including the agents from the trademark agency that he has engaged， to participate in an open hearing. If a party is to have more than one person participating in the open hearing， he shall designate one of them to deliver the important statements in the capacity of principal spokesperson.

　　Article 56　Before the commencement of an open hearing， the TRAB may convene a pre-hearing preparatory meeting at which both sides are present so as to hear the parties' opinions concerning the relevant facts and exhibits and to determine the main issues requiring investigation through the open hearing.

　　The tribunal shall make a written record of the opinions stated by the parties at the preparatory meeting held prior to the open hearing. The parties shall verify that such record is accurate and sign the same.

　　Article 57　At the commencement of the open hearing， the tribunal shall check the identification documents of the participants and confirm whether or not they are qualified to participate in the hearing. In addition， the tribunal shall ascertain whether or not the parties and the other review and adjudication participants are present.

　　Article 58　Before the investigation by open hearing commences， the tribunal shal

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