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

he name， age， sex， domicile， work unit or profession， etc. of the witness；

　　2. it has been signed by the witness， or， if the witness is unable to sign his name， it has been certified by a method such as the affixing of a seal；

　　3. it clearly indicates the date on which it was given； and

　　4. a document evidencing the identity of the witness， such as a photocopy of his resident identity card， etc.， has been attached.

　　Article 80　An expert conclusion submitted to the TRAB by a party shall state the appointing party and the matters entrusted to expert evaluation， the relevant materials submitted to the expert e

valuation organization， the basis of the expert evaluation and evidence of the qualifications of the expert evaluation organization and the expert evaluators. In addition， the expert evaluators shall sign， and the expert evaluation organization shall affix its seal to， such expert conclusion. Expert conclusions obtained through analysis shall include an explanation of the analytical process.

　　Article 81　If the evidence submitted by a party to the TRAB originates outside the territory of the People's Republic of China， such evidence shall be certified by a notarial authority of the country in which it is located and legalized by the embassy or consulate of the People's Republic of China resident in such country. Alternatively， the evidence shall be certified in accordance with the procedures stipulated in the relevant treaty concluded between the People's Republic of China and the country in which the evidence is located.

　　If a party intends to submit to the TRAB evidence originating from Hong Kong， Macao or Taiwan， the relevant certification procedures shall be carried out.

　　Article 82　If documentary evidence or explanatory materials submitted by a party to the TRAB are in a foreign language， the same shall be accompanied by a written Chinese translation thereof. If a party submits evidence in a foreign language and fails to provide a written Chinese translation thereof， such foreign language evidence shall be deemed not to have been submitted.

　　If the other party objects to the specific contents of a written translation， he shall provide a written Chinese translation of the portion to which he objects. If necessary， an agency acceptable to both parties may be engaged to translate the entire document， the portion to be used or the portion concerning which the objection was raised.

　　Ifthe parties fail to reach agreement on the translator to be engaged， the TRAB may appoint a professional translation agency to translate the entire document， the portion to be used or the portion concerning which the objection was raised.The parties shall each pay 50% of the costs incurred for the translation； if a party refuses to pay his share of the translation costs， he shall be deemed to have confirmed the translation submitted by the other party.

　　Article 83　The TRAB may investigate and collect evidence that：

　　1. involves facts that could damage the interests of the State or the public interest； or

　　2. involves procedural matters such as termination of the review and adjudication procedure， challenge of an adjudicator， etc. that are unrelated to the substance of the dispute.

　　Article 84　Whether or not any single piece of evidence has probative force and， if so， to what extent， may be determined by examining：

　　1. whether the evidence is the original document or original object and whether any photocopy or reproduction is faithful to the original；

　　2. whether the evidence is relevant to the facts of the case；

　　3. whether the form and source of the evidence meet legal requirements；

　　4. whether the contents of the evidence are true； or

　　5. whether the witness or the person providing evidence has a material interest in either party.

　　Article 85　The adjudicators shall make a comprehensive examination and judgment in respect of all the evidence in the case based on aspects such as the degree of relevance of each piece of evidence to the facts of the case， the relationship between the pieces of evidence， etc.

　　Article 86： Evidence that was obtained by infringing upon the lawful rights and interests of a third party or by violating prohibitive provisions contained in law may not be admitted as a basis for confirming the facts of a case.

　　Article 87： The following pieces of evidence may not independently serve as a basis for determining the facts of a case：

　　1. testimony offered by a minor th

at is incompatible with his age and intellect；

　　2. testimony favourable to a party that is offered by a witness that has a family relationship or institutional link or is otherwise closely related with such party， or testimony unfavourable to a party that is offered by a witness who has an adverse relationship with such party；

　　3. testimony of a witness who should have testified at the open hearing but failed to do so without legitimate cause；

　　4. audio-video materials whose integrity is difficult to establish；

　　5. photocopies or reproductions that are impossible to verify against the originals；

　　6. exhibits that have been altered by either party or a third party and that the other party refuses to accept； or

　　7. other pieces of evidence that may not independently serve as a basis for confirming the facts of the case.

　　Article 88： When giving testimony， witnesses shall objectively state the facts of which they have first hand experience and may not use language that is conjectural， deductive or in the nature of a commentary.

　　Persons who are unable to accurately express their will may not serve as witnesses.

　　Article 89： If a party offers any of the evidence set forth below and the other party objects thereto but provides insufficient counter-evidence to refute the same， the TRAB shall confirm its probative force：

　　1. the originals of documentary evidence， or photocopies， photographs or duplicates of or extracts from such original documentary evidence that have been verified to be faithful thereto；

　　2. originals of physical evidence， or reproductions， photographs or videotaped materials of original physical evidence that have been verified to be faithful thereto； or

　　3. audio-video materials that are corroborated by other evidence， were obtained by lawful means and are incontrovertible or copies of such audio-video materials that have been verified to be faithful thereto.

　　Article 90： If a party has engaged an expert evaluation organization to issue an expert evaluation and the other party has no counter-evidence， or grounds on which to refute the same， the probative force of such evaluation may be confirmed.

　　Article 91： If the evidence produced by either party is accepted by the other party or if the counter-evidence produced by such other party is insufficient to refute the same， the TRAB may confirm its probative force.

　　If the evidence produced by either party is challenged by the other party， such other party produces counter-evidence to refute the same and the first party accepts such counter-evidence， the probative force of such counter-evidence may be confirmed.

　　Article 92： If the parties each produce mutually contradictory evidence in respect of the same fact but neither party has sufficient basis to refute the evidence produced by the other party， the TRAB shall， in light of the circumstances of the case， judge whether the probative force of the evidence submitted by one party is significantly greater than that of the evidence provided by the other party， and confirm the evidence with the greater probative force.

　　If it is difficult to determine the facts of the dispute because it is impossible to reach a judgment on the probative force of the evidence， the TRAB shall reach a judgment based on the principle of allocating the burden of proof.

　　Article 93： The TRAB shall confirm any facts acknowledged or evidence accepted by a party in his written application， written defence or statements or in the statements of his agents during the review and adjudication procedure that are unfavourable to such party， unless he retracts， and produces sufficient counter-evidence to refute， the same.

　　Article 94： If a party provides only statements made by himself， but fails to produce other relevant evidence， in support of an assertion made by him， his assertion s

hall not be upheld， unless the same is accepted by the other party.

　　Article 95： The TRAB may determine the probative force of several pieces of evidence produced to support the same fact by relying on the following principles：

　　1. official documents issued ex officio by State authorities or other functional departments take precedence over other documentary evidence；

　　2. expert conclusions， archived materials and notarized or registered documentary evidence take precedence over other documentary evidence， audio-video materials and witness testimony；

　　3. original documents or physical objects take precedence over copies thereof；

　　4. expert conclusions of statutory expert evaluation organizations take precedence over expert conclusions of other expert evaluation organizations；

　　5. primary evidence takes precedence over hearsay evidence；

　　6. other witness testimony takes precedence over testimony that is favourable to a party offered by a witness who has a family relationship or is otherwise closely related with such party；

　　7. testimony offered by witnesses who participated

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