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

l briefly state the basic circumstances of the case and clarify the main issues in the parties' dispute. Thereafter， the investigation by open hearing shall commence.

　　Article 59　Investigations by open hearing shall be conducted in accordance with the following procedure：

　　1. the applicant states his claims and makes a brief statement on the relevant facts and evidence；

　　2. the respondent offers his defence；

　　3. the tribunal verifies the claims and grounds in the case as well as the exhibits provided by each party；

　　4. the applicant expounds the grounds for his claims and the facts and evidence on which they are based； and

　　5. the respondent cross-examines the applicant and offers counter-evidence， and the applicant cross-examines the respondent on his counter-evidence.

　　Article 60　In a case conducted through an open hearing， evidence shall be produced， and the parties cross-examined thereon， during the hearing. Evidence that has not been the subject of cross-examination may not be used as a basis for determining the facts of the case. However， evidence that has been confirmed by the parties and placed on record at the preparatory meeting held prior to the open hearing may be used as a basis for determining the facts of the case following a statement to that effect by the tribunal at the open hearing.

　　When cross-examination is carried out in respect of documentary evidence， physical evidence and audio-video reference materials， the parties shall have the right to require that the original document or physical object be produced， unless the original document or physical object no longer exists and there is evidence to prove that the copy of the document or reproduction of the physical object is identical to the original.

　　Article 61　During cross-examination， the parties shall ask questions， give explanations and make rebuttals centring on the authenticity， relevance and lawfulness of the evidence and addressing the issue of whether the evidence has any probative force and， if so， to what extent.

　　Article 62　Cross-examinations shall be conducted in accordance with the following procedure：

　　1. the applicant produces his evidence， and the respondent cross-examines the applicant thereon； and

　　2. the respondent produces his evidence， and the applicant cross-examines the respondent thereon.

　　Article 63　The members of the trib

unal may ask questions of the parties or the witnesses on the relevant facts and evidence， and may require the parties or witnesses to give explanations.

　　If the tribunal permits， the parties may question the witnesses.

　　When questioning a witness， a party may not use threatening or abusive language or adopt a threatening or abusive manner.

　　Article 64　Witnesses may not sit in on the open hearing. When a witness is questioned， no other witnesses may be present.

　　If the TRAB considers it necessary， it may request that a witness cross-examine another witness.

　　Article 65　Once the investigation by open hearing has been concluded， oral arguments shall be conducted. The parties shall each state their opinions concerning the facts shown by the evidence， the issues under dispute and the issue of the application of law.

　　If the parties do not dispute the evidence and facts in the case， the hearing may proceed directly to oral arguments， on the basis of the parties' confirmation of the evidence and facts.

　　Article 66　Oral arguments shall be conducted in accordance with the following procedure：

　　1. statement by the applicant；

　　2. defence by the respondent； and

　　3. argument among the parties.

　　The members of the tribunal may ask questions during the oral arguments.

　　Article 67　If， during the oral arguments， a party offers evidence that had previously been raised but was not investigated during the open hearing， the tribunal may declare the arguments suspended and resume the investigation through open hearing. The oral arguments shall continue after the conclusion of the investigation.

　　Article 68　After the parties have fully argued their opinions， the tribunal shall take final statements from each party， first from the applicant and then from the respondent.

　　Article 69　After the final statements have been made， the open hearing is concluded. The TRAB shall issue a ruling according to law within a certain period thereafter and serve the written ruling on the parties.

　　Article 70　The tribunal shall enter all major matters concerning the open hearing into the written record of the same. Upon termination of the open hearing， the tribunal shall provide the written record to the parties to verify for accuracy. The parties shall have the right to demand that errors in the record be corrected. After the written record has been verified as accurate， it shall be signed by the parties and entered into the case file. If a party refuses to sign the written record， the tribunal shall note the same on the written record of the open hearing.

　　For the purposes of the preceding paragraph， “major matters concerning the open hearing” shall include the following：

　　1. the claims， grounds and evidence of the parties；

　　2. the major facts agreed upon by both parties； and

　　3. other major matters that need to be recorded.

　　Article 71　Without the permission of the TRAB， no one may sit in on， photograph， record or videotape an open hearing.

　　PART FIVE　RULES OF EVIDENCE

　　Article 72　When the applicant submits his application or the respondent submits his rebuttal to the TRAB， he shall submit exhibits in support thereof.

　　Evidence shall include documentary evidence， physical evidence， audio-video materials， witness testimony， statements by the parties， expert conclusions， etc.

　　Article 73　A party shall be responsible for providing evidence to support the facts on which his claims are based or the facts on which his rebuttal of the other party's claims is based.

　　The absence of evidence， or the insufficiency of evidence to prove the facts alleged by a party， shall operate to the disadvantage of the party who bears the burden of proof.

　　Article 74　If a party expressly acknowledges the facts of the case as stated by the other party， such oth

er party shall not be required to provide evidence therefor.

　　If one party states a fact and the other party neither acknowledges nor denies the same， such other party shall be deemed to have acknowledged such fact.

　　If a party has appointed an agent to participate in the review and adjudication procedure， an acknowledgment by such agent shall be deemed an acknowledgment by the principal， unless the acknowledgment of a fact by an agent who has not been specifically authorized leads directly to the acknowledgment of the other party's claim. If a party is present but does not contradict an acknowledgment by his agent， he shall be deemed to have made the acknowledgment.

　　If a party withdraws an acknowledgment before the arguments in an open hearing have been concluded and the other party consents thereto， or if there is sufficient evidence to prove that his acknowledgment was made under duress or was due to a major misunderstanding and does not conform to the facts， the other party shall not be released from the burden of proof.

　　Article 75　The parties shall not bear the burden of proof for the following facts unless a party has sufficient counter-evidence to repudiate them：

　　1. commonly known facts；

　　2. facts presumed in law；

　　3. facts that have been lawfully proved；

　　4. facts presumed on the basis of the laws of day-to-day living experience； and

　　5. other facts that lawfully are not required to be proved.

　　Article 76　When a party submits documentary evidence to the TRAB， he shall provide the original documents， which may include originals and duplicates. If it is truly difficult to furnish an original document， a photocopy， photograph or excerpt verified as being faithful to the original may be provided. If a reproduction， photocopy or excerpt of an original certificate kept by the relevant authority is provided， its source shall be indicated and the said authority shall be caused to affix its seal to the reproduction， photocopy or excerpt after it has verified the same as being in order.

　　Article 77　When a party submits physical evidence to the TRAB， he shall provide the original object. If it is truly difficult to provide the original object， a reproduction that has been verified as being faithful to the original or other evidence that can serve as proof of the said physical evidence such as a photograph， video recording， etc. may be provided. If the original object consists of a relatively large number of fungibles， a portion thereof shall be submitted.

　　Article 78　When a party submits computer data or audio-video reference materials such as sound recordings， video recordings， etc. to the TRAB， the following requirements shall be met：

　　1. the relevant materials shall be submitted on their original media， except that if it is truly difficult to submit them on the original media， reproductions may be submitted；

　　2. the method and time of production， the producer and the facts proved shall be clearly stated； and

　　3. a transcript of the audio content shall be supplied with any audio material.

　　Article 79　Witness testimony submitted by a party to the TRAB shall meet the following requirements：

　　1. it clearly states basic particulars such as t

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