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

in the open hearing takes precedence over testimony from witnesses who did not participate in the open hearing； and

　　8. several pieces of evidence of different types whose content is consistent take precedence over a single stand alone piece of evidence.

　　PART SIX　TIME PERIODS AND SERVICE

　　Article 96： Time periods include statutory time periods and time periods set by the TRAB.

　　Time periods shall be calculated in days， months and years. The date on which a time period commences shall not be calculated as part of the time period.

　　If the final day of a time period is a holiday or rest day， the date of expiration of the time period shall be the first working day after the holiday or rest day.

　　Article 97： The date on which a party files documents or materials with the TRAB shall be the date of delivery in the case of direct delivery and the date of the postmark affixed at the time of mailing in the case of filing by mail. If the postmark date is unclear or if there is no postmark， then the date of filing shall be the date of actual receipt by the TRAB， unless the party is able to provide evidence of the actual postmark date.

　　Article 98： Documents from the TRAB may be served on the parties by mail， direct delivery or otherwise. Where a party has appointed a trademark agency， documents served on the trademark agency shall be deemed to have been served on such party.

　　The date on which a document from the TRAB is served on a party shall be the date of the postmark affixed at the time of receipt by the party in the case of service by mail. If the postmark date is unclear， if there is no postmark or if the document is not returned by the post office， then the document shall be deemed to have been served on the party following the lapse of 15 days from the date of sending. In the case of direct delivery， the date of service shall be the date of delivery. If it is impossible to mail the document or to deliver it directly， it may be served on the party by public announcement， in which case it shall be deemed to have been served on the party following the lapse of 30 days from the date of issuance of the public announcement.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 99： If any of the circumstances set forth in Article 4， Article 5， Article 8， the first paragraph of Article 9， Items （2）， （3） and （4） of the first paragraph of Article 10， the second paragraph of Article 10， Article 11， Article 12， Article 13， Article 15， Article 16， Article 24， Article 25 and Article 31 of the amended Trademark Law arose prior to the implementation on 1 December 2001 of the decision to amend the Trademark Law， and the case is reviewed and adjudicated by the TRAB after the implementation of the decision to amend the Trademar

k Law， the review and adjudication procedure shall be conducted in accordance with the relevant provisions of the amended Trademark Law. In all other circumstances that arose prior to the implementation on 1 December 2001 of the decision to amend the Trademark Law， the TRAB shall apply the relevant provisions of the pre-amended Trademark Law when conducting review and adjudication procedures.

　　Article 100： If a dispute relating to a trademark that had been registered for one year or more at the time of implementation of the decision to amend the Trademark Law arises and a party applies to the TRAB for review and adjudication， the time limit for submission of applications specified in the second paragraph of Article 27 of the pre-amended Trademark Law shall apply to the handling thereof. If a dispute relating to a trademark that had been registered for less than one year at the time of implementation of the decision to amend the Trademark Law arises and a party applies to the TRAB for review and adjudication， the time limit for submission of applications specified in the third paragraph of Article 41 of the amended Trademark Law shall apply to the handling thereof.

　　If any work unit or individual submitted an application for review and adjudication under Article 27 of the pre-amended Trademark Law and Article 25 of its implementing rules before the implementation of the decision to amend the Trademark Law and such application falls under any of the circumstances described in Article 13， Article 15， Article 16 and Article 31 of the amended Trademark Law， the time limits specified in the second paragraph of Article 41 of the amended Trademark Law for the submission of applications for review and adjudication shall not apply.

　　Article 101： Where a pending case accepted prior to the implementation of the decision to amend the Trademark Law does not fall within the scope of cases that can be reviewed and adjudicated by the TRAB as defined in Article 28 of the Implementing Regulations， the TRAB shall return the application and notify the applicant in writing， stating the grounds therefor.

　　Article 102： Where， prior to the implementation of the decision to amend the Trademark Law， a case was accepted for renewed review and adjudication pursuant to Articles 34 and 35 of the Trademark Review and Adjudication Rules published by the State Administration for Industry and Commerce on November 2 1995 and falls within the scope of cases that can be reviewed and adjudicated by the TRAB as defined in Article 28 of the Implementing Regulations， the TRAB shall conduct the new review and adjudication procedure， and render a decision or ruling， in accordance with the amended Trademark Law and its Implementing Regulations， unless Article 99 or Article 100 hereof specifies that the relevant provisions of the pre-amended Trademark Law shall apply.

　　Article 103： The formats for documents used in carrying out trademark review and adjudication related matters will be formulated and published by the State Administration for Industry and Commerce.

　　Article 104： The TRAB shall establish an expert advisory group from which to seek advice on relevant issues encountered in trademark review and adjudication procedures.

　　The expert advisory group shall be composed of several legal experts. Its members shall be engaged by the TRAB.

　　Article 105： Before the implementation hereof， the TRAB shall continue to hear trademark review and adjudication cases in accordance with the procedures specified in the Trademark Review and Adjudication Rules published by the State Administration for Industry and Commerce on 2 November 1995. However， in the event of a conflict between the said Rules and the decision to amend the Trademark Law， the decision to amend the Trademark Law shall apply. In the event of a conflict between the said Rules and the Implementing Regulations after the implementation of the Impl

ementing Regulations， the Implementing Regulations shall prevail. If a circular of the State Administration for Industry and Commerce contains other provisions in respect of the said Rules， matters shall be handled in accordance with the relevant circular.

　　Article 106： The State Administration for Industry and Commerce is in charge of interpreting these Rules.

　　Article 107： These Rules shall be implemented as of 17 October 2002. The Trademark Review and Adjudication Rules published by the State Administration for Industry and Commerce on 2 November 1995 shall be repealed simultaneously

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