Rules for Trademark Review and Adjudication

                                                               

(Promulgated on 2 November 1995in the Order No. 37 of the State Administration for Industry and Commerce;revised for the first time on 17 September 2002 in the Order No. 3 of the StateAdministration for Industry and Commerce; revised for the second time on 26September 2005 in the Order No. 20 of the State Administration for Industry andCommerce)

Chapter I General Provisions
Rule 1 These Rules are hereby formulated in accordance with the Trademark Lawof the People's Republic of China (hereinafter referred to as the Trademark Law)and the Regulations for the Implementation of the Trademark Law of People'sRepublic of China (hereinafter referred to as the Implementing Regulations).
Rule 2 Under the Trademark Law and the Implementing Regulations thereof, theTrademark Review and Adjudication Board of the State Administration forIndustry and Commerce (hereinafter referred to as the Trademark Review andAdjudication Board) shall be responsible for handling the following cases oftrademark dispute:
(1) cases of application for reexamination filed according to the provision ofArticle 32 of the Trademark Law out of dissatisfaction with decisions made bythe Trademark Office of the State Administration for Industry and Commerce(hereinafter referred to as the Trademark Office) on rejection of applicationsfor trademark registration;
(2) cases of application for reexamination filed according to the provision ofArticle 33 of the Trademark Law out of dissatisfaction with oppositionadjudication made by the Trademark Office;
(3) cases of request for adjudication on cancellation of registered trademarksfiled according to the provision of Article 41 of the Trademark Law; and
(4) cases of application for reexamination filed according to the provision ofArticle 49 of the Trademark Law out of dissatisfaction with a decision tocancel or uphold a registered trademark made by the Trademark Office accordingto the provisions of Articles 41, paragraph one, 44 and 45 of the TrademarkLaw.
Rule 3 The review and adjudication activities in which an interested partyparticipates in cases of trademark dispute shall proceed in writing.
Rule 4 The Trademark Review and Adjudication Board shall hear cases oftrademark dispute in writing, except the circumstances where it decides topublicly review and adjudicate a case according to the provision of Article 33of Implementing Regulations.
Rule 5 The Trademark Review and Adjudication Board shall notify, in writing,the interested parties of, and explain the reason for, the decisions andadjudication made according to the Trademark Law, the Implementing Regulationsand these Rules.
Rule 6 Unless otherwise provided for in these Rules, the collegial system shallbe adopted for the Trademark Review and Adjudication Board to hear cases oftrademark dispute, and the examiners for the trademark review and adjudicationshall make a collegial panel to conduct the hearing of a case.
When the collegial panel hears a case, the principle is adopted that theminority are subordinate to the majority.
Rule 7 An interested party who applies for withdrawal of an examiner fortrademark review and adjudication according to the provision of Article 9 ofthe Implementing Regulations shall file the application in writing, and explainthe reason therefor.
Rule 8 During the review and adjudication, an interested party shall have theright to dispose of, according to law, his trademark right and the rightrelating to trademark review and adjudication. Provided that public interestsand a third party’s rights are taken into consideration, interested parties mayreach an amicable settlement agreement in writing by themselves. The TrademarkReview and Adjudication Board may conduct mediation.
Rule 9 Where interested parties who are co-owners of a trademark participate inthe review and adjudication, they shall designate a representative; where norepresentative is designated, the first person indicated in the trademarkregistration application or in the Trademark Register shall be therepresentative. The action of the representative to participate in the reviewand adjudication shall have effect on the interested parties he represents, butchange of the representative, waiver of the review and adjudication request oracknowledgement of the other party's review and adjudication request must beauthorized in writing by the interested parties represented.
Rule 10 Where a foreign person or enterprise attending to matter of review andadjudication has habitual residence or place of business in China, he or itmay entrust a qualified trademark agency authorised by the State with, ordirectly attend to, the matter. Where a foreign person or enterprise attendingto the matter of review and adjudication does not have habitual residence orplace of business in China,he or it shall entrust a qualified trademark agency authorised by the State.
Where there is a change in the scope of power of agency, the agent relationsterminate, or there is a change of agent, the interested party or its agentshall inform the Trademark Review and Adjudication Board in writing in a timelymanner.
Rule 11 Interested parties and agents may apply for consulting documentsrelevant to a case.

Chapter II Application and Acceptance
Rule 12 Applications for trademark review and adjudication shall conform to therequirements as follows:
(1) The applicants must be lawfully qualified subjects;
(2) The applications are filed within the statutory time limit;
(3) The applications fall within the scope of review and adjudication by theTrademark Review and Adjudication Board;
(4) Applications and the relevant proofs that conform to the requirement aresubmitted according to law;
(5) There are specific requests, factual bases and grounds for the review andadjudication; and
(6) The review and adjudication fees are paid according to law.
Rule 13 To apply for trademark review and adjudication, one shall file anApplication with the Trademark Review and Adjudication Board. If there is (are)a respondent/respondents, the applicant shall file as many copies of theApplication as there are respondents. Where a trademark has been assigned ortransferred and an application for the assignment has been filed with theTrademark Office, and not approved and published, the applicant shall submitrelevant documents as proof. To apply for reexamination in respect of adecision or adjudication made by the Trademark Office, one shall also submitthe Decision or Adjudication made by the Trademark Office along with theApplication.
Rule 14 Following information shall be indicated in the Application:
(1) the applicant’s name, address of residence, mailing address, the name ofthe person to be contacted, and telephone number. Where the respondent(s) is(are) indicated in the review and adjudication application, the name andaddress thereof shall be indicated. Where a trademark agency is appointed toattend to the matter of the trademark review and adjudication, the name,mailing address, the name of the person to be contacted, and telephone numberof the agency shall also be indicated.
(2) the trademark in dispute and its application number or preliminary approvalnumber, registration number and the issue number of the Trademark Gazette;
(3) specific request for the review and adjudication, and the facts, groundsand legal bases for the request;
Rule 15 Where a trademark review and adjudication application does not conformto any one of the requirements set forth in Rule 12 (1), (2) and (3) of theseRules, the Trademark Review and Adjudication Board shall not accept theapplication and shall notify the applicant in writing of the non-acceptance,and explain the reason.
Rule 16 Where a trademark review and adjudication application does not conformto any one of the requirements set forth in Rule 12 (4), (5) and (6) of theseRules or where the relevant certificates or proofs are not submitted accordingto the Implementing Regulations and these Rules, the Trademark Review andAdjudication Board shall notify the applicant to make rectification and requirehim to comply within 30 days from the date of receipt of the notification onrectification.
Where an application remains contrary to the requirements upon rectification,the Trademark Review and Adjudication Board shall not accept the applicationand shall notify the applicant in writing of the non-acceptance and explain thereason. Where no rectification is made at the expiration of the time limit, thereview and adjudication application shall be deemed to have been withdrawn bythe applicant and the Trademark Review and Adjudication Board shall notify theapplicant in writing according to the provision of Article 30 of theImplementing Regulations.
Rule 17 Where a trademark review and adjudication application conforms to therequirement for acceptance, the Trademark Review and Adjudication Board shallissue to the applicant the Acceptance Notification within thirty days.
Rule 18 In any one of the following circumstances, any trademark review andadjudication application that has been accepted by the Trademark Review andAdjudication Board is deemed not to conform to the requirements for acceptance,and shall be refused according to Article 30 of the Implementing Regulations:
(1) contrary to the provision of Article 42 of the Trademark Law in thatagainst a trademark to which an opposition was raised and on which adjudication(on reexamination of the opposition) was made before it was approved ofregistration, an application for adjudication is filed on the basis of the samefacts and grounds;
(2) contrary to the provision of Article 35 of the Implementing Regulations inthat an application for review and adjudication has been voluntarily withdrawnand the applicant files another application on the basis of the same facts andgrounds thereafter;
(3) contrary to the provision of Article 35 of the Implementing Regulations inthat the Trademark Review and Adjudication Board has made adjudication ordecision on an application for review and adjudication and the applicant filesanother application on the basis of the same facts and grounds; or
(4) any other circumstance under which an application does not conform to therequirements for acceptance;
The Trademark Review and Adjudication Board, when rejecting a trademark reviewand adjudication application, shall notify the applicant in writing, andexplain the reason.
Rule 19 Where there is/are a respondent/respondents indicated in a Review andAdjudication Application, the Trademark Review and Adjudication Board, uponacceptance, shall forward the copies of the Application and the relevant proofsthereto in a timely manner, and require him/them to submit the Reply to theTrademark Review and Adjudication Board within thirty days from the date ofreceipt of the copy of the Application, and submit the same number of copiesthereof as that of the applicants. Where a respondent does not submit a Replyor fails to submit the Reply before the expiration of the time limit, he shallbe deemed to have given up making the Reply.
Rule 20 Any interested party who needs to supplement relevant proofs afterfiling a Review and Adjudication Application or a Reply shall make a statementin the Application/Reply and submit altogether the same number of copies of theproofs as that of the Application/Reply within three months from the date offiling. Where the applicant/respondent does not make the statement or fails tosubmit the relevant proofs at the expiration of the time limit, he shall bedeemed to have given up supplementing the relevant proofs, with the exceptionthat the evidence is based on the new facts that occur after the expiration ofthe time limit or there is any other justifiable reason.
Where there is an opposite party involved, the Trademark Review andAdjudication Board shall communcate the proofs submitted by an interested partywithin the statutory time limit to the opposite party, and request him/it forcross-examination within a specified period of time.
Rule 21 The applicant, when filing an Application or respondent, when filing aReply, shall, meanwhile, submit valid certificates capable of proving hisidentification. The name of the applicant or the respondent shall be consistentwith that indicated in the certificates submitted.
Where there is a change in the name or address of an interested party, relevantproofs to this effect shall be submitted.
Rule 22 The interested party shall categorise, number and list each proof hesubmits, briefly explain the source thereof, and specific facts of theevidence, and sign and seal them.
The Trademark Review and Adjudication Board, after receiving the proofssubmitted by an interested party, shall check the proofs according to the listthereof, and the staff member receiving the proofs shall sign his name on thereceipt and indicate the date of submission.
Rule 23 The Trademark Review and Adjudication Application and relevant proofsshall be filled out and submitted in the prescribed form and in conformity withthe requirements. Where the Trademark Review and Adjudication Application andrelevant proofs are not filled out and submitted in the prescribed form and inconformity with the requirements, the Trademark Review and Adjudication Boardshall notify the applicant to make rectification, requiring him to do so withinthirty dates from the date of receipt of the rectification notification.Failure for the amended Application and relevant proofs to conform to theprescription or failure to make the rectification at the expiration of the timelimit shall be governed by Rule 16, paragraph two, of these Rules.
The Trademark Review and Adjudication Reply and relevant proofs shall be filledout and submitted in the prescribed form and in conformity with therequirements. Where the Trademark Review and Adjudication Reply and relevantproofs are not filled out and submitted in the prescribed form and inconformity with the requirements, the Trademark Review and Adjudication Boardshall notify the respondent to make rectification, requiring him to do sowithin thirty dates from the date of receipt of the rectification notification.Failure for the amended Reply and relevant proofs to conform to theprescription or failure to make the rectification at the expiration of the timelimit shall not affect the review and adjudication by the Trademark Review andAdjudication Board.

Chapter III Hearing
Rule 24 The Trademark Review and Adjudication Board shall set up a collegialpanel to hear a case of trademark review and adjudication. The collegial panelshall be composed of an odd number of more than three trademark review andadjudication examiners. In any one of the following circumstances, anindividual trademark review and adjudication examiner may solely review andadjudicate a case:
(1) where a trademark cited by the Trademark Office in its rejection decisionor opposition adjudication has lost the exclusive right or the right ofpriority therein;
(2) where a trademark of which a request for cancellation has been filed haslost the exclusive right therein;
(3) where a trademark cited by the Trademark Office in its rejection decisionis actually owned by an applicant, but rejected by the Trademark Office becausethe applicant fails to go through the formalities for a change in time, and theapplicant applies, during the review and adjudication, to the Trademark Officeto complete the formalities for the change;
(4) where a third party’s trademark of prior filing or registration, cited bythe Trademark Office in its rejection decision, has been approved to beassigned to the applicant during the review and adjudication; or
(5) any other cases that may be under the sole review and adjudication by anindividual trademark review and adjudication examiner.
Rule 25 Where an interested party applies for the withdrawal of a trademarkreview and adjudication examiner according to the provision of Article 9 of theImplementing Regulations and Rule 7 of these Rules, the trademark review andadjudication examiner shall suspend his participation in the hearing of thecase before the Trademark Review and Adjudication Board decides whether or nothe should withdraw.
Where the Trademark Review and Adjudication Board receives an application forwithdrawal from an interested party after it makes decision or adjudication,the validity of the review and adjudication decision or adjudication shall notbe affected. However, where the review and adjudication examiner indeed needsto withdraw, the Trademark Review and Adjudication Board shall treat the matteraccording to law.
Rule 26 In respect of a party's application for withdrawal, the TrademarkReview and Adjudication Board shall make its decision within seven days afterthe date of the receipt of the application, and notify the applicant inwriting. Where an applicant is not satisfied with the decision onnon-withdrawal made by the Trademark Review and Adjudication Board, it or hemay apply for reconsideration once within three days after the date of thereceipt of the decision. During the reconsideration, the trademark review andadjudication examiner whose withdrawal is requested shall not suspend hisparticipation in the hearing of the case. The Trademark Review and AdjudicationBoard shall make its reconsideration decision within three days, and notify thereconsideration applicant in writing.
Rule 27 In hearing a case of reexamination applied for out of dissatisfactionwith a decision by the Trademark Office on the rejection of trademark registration,the Trademark Review and Adjudication Board shall, besides applying Articles10, 11, 12 and 16, paragraph one, of the Trademark Law, review and adjudicatethe case in connection with the rejection decision made by the TrademarkOffice, the facts of, grounds on, and requests for, the reexaminationapplication by the applicant and the factual situation in the course of reviewand adjudication. The Trademark Review and Adjudication Board shall listen towhat the applicant has to say before making a decision according to theproceeding provision of this Rule.
Rule 28 In hearing a case of reexamination applied for out of dissatisfactionwith an adjudication made by the Trademark Office on opposition, the TrademarkReview and Adjudication Board shall review and adjudicate the case inconnection with the facts of, grounds on, and requests for, the reexaminationapplication and reply made by the interested parties.
Rule 29 In hearing a case of adjudication requested according to the provisionof Article 41 of the Trademark Law on cancellation of a registered trademark,the Trademark Review and Adjudication Board shall review and adjudicate thecase in connection with the facts of, grounds on and requests for, theapplication and reply by the interested parties.
Rule 30 In hearing a case of reexamination applied for out of dissatisfactionwith a decision by the Trademark Office on cancellation of a registeredtrademark according to the provision of Article 41, paragraph one, of theTrademark Law, the Trademark Review and Adjudication Board shall review andadjudicate the case in connection with the decision made by the TrademarkOffice and the facts of, grounds on and requests for, the reexaminationapplication by the applicant.
In hearing a case of reexamination applied for out of dissatisfaction with adecision on canceling or upholding of a registered trademark made by theTrademark Office according to the provisions of Articles 44 and 45 of theTrademark Law, the Trademark Review and Adjudication Board shall review andadjudicate the case in connection with the facts, grounds and application oflaw on the basis of which the Trademark Office made the decision to cancel oruphold the registered trademark, except that an interested party to a case inwhich the reexamination has been applied for under Article 44 (4) of theTrademark Law needs to submit additional evidence with justification.
Rule 31 Where an interested party’s trademark right has been assigned ortransferred during the trademark review and adjudication, the assignee or thetransferee shall make a statement in writing on its or his assignee ortransferee status in a timely manner, participate in the follow-upreexamination proceedings, and take the corresponding consequences.
Rule 32 In any one of the following circumstances, the review and adjudicationshall terminate:
(1) where the applicant dies or terminates and there is no inheritor, or theinheritor abandons its or his right for review and adjudication;
(2) where the applicant withdraws its or his application for review andadjudication;
(3) where the interested parties reach an amicable agreement by themselves orthrough mediation by the Trademark Review and Adjudication Board; or
(4) any other circumstance requiring the termination of the review andadjudication.
Where the review and adjudication terminates, the Trademark Review andAdjudication Board shall close the case, notify the interested parties inwriting, and explain the reason.
Rule 33 The collegial panel shall put down in writing the case it hears, andthe written record shall be signed by the members thereof. Where the members ofa collegial panel are divided in their opinions, the divided opinions shall beindicated in the collegial record.
The Trademark Review and Adjudication Board shall make decision or adjudicationaccording to law on a case the examination of which has been closed.
Rule 34 The following shall be indicated in the decision or adjudication by theTrademark Review and Adjudication Board:
(1) request for review and adjudication and facts at issue and grounds;
(2) facts ascertained, reasons and grounds for the application of law in thedecision or adjudication;
(3) conclusion made in the decision or adjudication;
(4) the follow-up procedure and time limit available to interested parties; and
(5) date of the decision or adjudication.
The decision or adjudication shall be signed by the members of the collegialpanel and sealed by the Trademark Review and Adjudication Board.
Rule 35 Where an interested party institutes proceedings in a people's courtout of dissatisfaction with a decision or adjudication made by the TrademarkReview and Adjudication Board, the interested party shall, at the time ofsubmitting a complaint to the people’s court or within fifteen days from thedate of the submission at the latest, send a copy of the complaint, orseparately notify the Trademark Review and Adjudication Board in writing.
Where the Trademark Review and Adjudication Board, within sixty days from thedate of issuing its decision or adjudication, is not informed by the people’scourt or any interested party of a lawsuit directed to the decision oradjudication, it shall be deemed that the interested party has not institutedlegal proceedings in the court, and the decision or adjudication will betransferred to Trademark Office for enforcement.
Rule 36 The Trademark Review and Adjudication Board may, at the request of aninterested party or according to practical needs, decide to conduct a publicreview and adjudication of the application therefor.
Rule 37 If an interested party requests for public review and adjudication, heshall give specific reasons that the public review and adjudication isnecessary.
Rule 38 An applicant requesting for the public review and adjudication shallfile the request in writing with the Trademark Review and Adjudication Boardwithin fifteen days from the date of receipt of the copy of the Reply made bythe respondent; and a respondent requesting for the public review andadjudication shall file the request together with the submission to theTrademark Review and Adjudication Board of the Reply or additional relevantproofs.
Rule 39 Specific procedures for public review and adjudication will beseparately set forth by the Trademark Review and Adjudication Board.

Chapter IV Rules on Evidence
Rule 40 An interested party shall be under the burden of proof to testify thefacts on the basis of which he requests for the review and adjudication or onthe basis of which one rebuts the other party's review and adjudicationrequest. Where there is no evidence or there is not sufficient evidence toattest to the factual claims by an interested party, the interested party underthe burden of proof shall bear the adverse consequences.
Where one interested party expressly acknowledges the facts in a case as statedby the other party, the latter is not under the burden of proof.
The other party's neither acknowledging nor denying the facts claimed by aninterested party shall be deemed acknowledgement thereof.
Where an interested party appoints an attorney to attend the review andadjudication, the attorney's admission shall be deemed the interested party'sadmission, except that the attorney's unauthorized admission of any factsdirectly results in the admission of the other party’s review and adjudicationrequest. The interested party’s failure to express objection to its or hisattorney's admission on site shall be deemed to be the the interested party’sadmission.
Rule 41 An interested party does not need to adduce evidence to prove thefollowing facts:
(1) facts known to all;
(2) facts deducted from the law;
(3) facts proven according to the law;
(4) facts deducted on the basis of experience and laws of the daily life; and
(5) other facts in respect of which adduction of evidence is not required underthe law.
except that an interested party has evidence to the contrary which issufficient to upset the facts.
Rule 42 An interested party who furnishes the Trademark Review and AdjudicationBoard with documentary evidence shall furnish the original, including theoriginal text, the authentic text, and the copy. The interested party who hasdifficulty furnishing the original may furnish the corresponding Xerox copies,photographs or extracts. Where the furnished documents are Xerox copies,photographs or extracts of the original documentary evidence kept by a relevantdepartment, the sources shall be indicated, and the documents be sealed by thedepartment upon verification.
An interested party who furnishes the Trademark Review and Adjudication Boardwith material evidence shall furnish the original material. The interestedparty who has difficulty furnishing the original may furnish the correspondingreproduction or other evidence such as photographs or video-recordings of saidmaterial evidence. Where the original is of relatively many varieties, a partthereof shall be furnished.
Where an interested party has doubt about the Xerox copies or photographs ofthe documentary evidence and material evidence furnished by the other party,and has relevant proofs in support of the doubt, or where the Trademark Reviewand Adjudication Board deems necessary, the doubted interested party shallfurnish or show the original or the notarised copy of the relevant evidence.
Article 43 Where the evidence furnished by an interested party to the TrademarkReview and Adjudication Board is evolved outside the territory of the People’sRepublic of China, or in the region of Hong Kong, Macau or Taiwan and where theother party has doubt for its authenticity and has relevant proofs in supportof the doubt, or where the Trademark Review and Adjudication Board deemsnecessary, the evidence shall be notarized and or legalized according to therelevant regulations.
Rule 44 Where an interested party furnishes to the Trademark Review andAdjudication Board instruments or explanatory material in a foreign language,he shall attach the Chinese translation thereof. Where an interested party whohas furnished evidence in a foreign language fails to submit the Chinesetranslation thereof, the evidence in the foreign language shall be deemed notto have been submitted.
Where the other party has objection to the specific content of the translation,he shall submit the Chinese translation of the part to which the objection israised. If necessary, an entity accepted by both parties may be entrusted withthe translation of the entire text or the part of the text which has been usedor to which objection has been raised.
Where both parties fail to reach an agreement on the translation entrustment,the Trademark Review and Adjudication Board may entrust a professionaltranslation entity with the translation of the entire text or the part of thetext which has been used or to which objection has been raised. Each party shallbear 50 percent of the fees necessary for the entrusted translation. A party'srefusal to pay the translation fee shall be deemed its acceptance of thetranslation submitted by the other party.
Rule 45 A single piece of evidence may be verified and confirmed as to thepresence and strength of evidential force in relation to the following aspects:
(1) whether the evidence is the original text, original material; whether thecopy or reproduction of the evidence is consistent with the original;
(2) whether the evidence is relevant to the facts of a case;
(3) whether the evidence conforms to the law in terms of form or source;
(4) whether the evidence is true in content; and
(5) whether the witness or the person furnishing the evidence has interest inan interested party.
Rule 46 The review and adjudication examiners shall comprehensively examine andevaluate all the evidence as to the degree of relevance of the various piecesof the evidence to the facts of a case and the relationship of these pieces ofevidence.
Rule 47 The following evidence alone shall not serve as the basis forascertaining facts in a case:
(1) oral evidence from a minor which does not match his age or intelligence;
(2) oral evidence in favour of one interested party from a witness who is arelative, affiliate or otherwise closely related to the interested party ororal evidence against one interested party from a witness who isadversely-related thereto;
(3) oral evidence from a witness who should attend the public review andadjudication but fails to without justification;
(4) Audiovisual reference material difficult to be detected as to whether it ismodified or not;
(5) Copy or reproduction impossible to be verified with the original;
(6) Proofs which one party or another person has modified and which the otherparty does not accept; and
(7) Any other proofs that, alone, cannot serve as the basis for ascertainingthe facts in a case.
Rule 48 The following evidence furnished by an interested party, to which theother party objects but fails to rebut with sufficient evidence to thecontrary, shall be established by the Trademark Review and Adjudication Boardas having its evidential force:
(1) the original documentary evidence or the Xerox copies, photographs, copiesor extracts thereof which are verified to be consistent with the originaldocumentary evidence;
(2) the original material evidence or the copies, photographs orvideo-recording materials thereof which are verified to be consistent with theoriginal material evidence;
(3) the audiovisual reference material which is supported by other evidence andobtained by legal means and free of any doubt or the reproduction thereofverified without any inconsistency found.
Rule 49 Where a appraisal conclusion made by an appraisal organisation withentrustment by an interested party is not rebutted by the other party withsufficient evidence and reason to the contrary, the evidential force of theappraisal conclusion may be confirmed.

Rule 50 In respect of the evidence one interested party has furnished and theother party accepts or fails to rebut with sufficient evidence to the contrary,the Trademark Review and Adjudication Board may confirm its evidential force.
Where in respect of the evidence one interested party has furnished, the other partyhas objection thereto and presents evidence to rebut it, and the opposite partyaccepts the rebutting evidence, the evidential force of the rebutting evidencemay be confirmed.
Rule 51 Where both parties furnish evidence to the contrary in respect of thesame fact, neither has sufficient ground for the denial of the evidence of theother party, the Trademark Review and Adjudication Board shall evaluate,considering the circumstances of a case, whether or not the evidence furnishedby one party is obviously more valid in evidential force than that by the otherparty, and confirm the evidence carrying more valid evidential force.
Where it is impossible to evaluate the evidential force of the evidence, and,as a result, it is difficult to ascertain the facts in dispute, the TrademarkReview and Adjudication Board shall make determination according to thedoctrine for distribution of burden of proof.
Rule 52 The Trademark Review and Adjudication Board shall confirm the facts andevidence which are unfavorable to an interested party, but have been acceptedby the interested party in its or his Application, Reply, Written Statement, orstatements made by his appointed attorney in the course of review andadjudication, except that the party goes back on his words and has sufficientevidence to the contrary to rebut them.
Rule 53 Where an interested party has made his own statement of, but cannotfurnish other relevant evidence to back up, his claim, the claim shall not besupported, except that the other party otherwise accepts the claim.
Rule 54 The Trademark Review and Adjudication Board may determine theevidential force of several pieces of evidence as to the same fact according tothe following principles:
(1) Documents and instruments prepared, ex officio, by a State agency and anyother competent department prevail over other documentary evidence;
(2) Appraisal conclusions, materials kept on file and notarized or registereddocumentary evidence prevail over other documentary evidence, audiovisualreference evidence and oral evidence from a witness;
(3) Original documents or materials prevail over copies or reproductions;
(4) Appraisal conclusions made by statutory appraisal departments prevail overthose by other appraisal departments;
(5) Original evidence prevails over derivative evidence;
(6) Oral evidence of other witnesses prevails over oral evidence, in favor ofan interested party, from a witness who is a relative or otherwise closelyrelated to the party;
(7) Oral evidence from a participant of the public review and adjudicationprevails over that from a non-participant; and
(8) Several pieces of evidence variant in category and consistent in contentprevail over a single isolated piece of evidence.

Chapter V Time Limit and Service
Rule 55 The time limit includes the statutory time limit and that fixed by theTrademark Review and Adjudication Board.
The time limit is counted in days, months and years. The beginning day of atime limit is not counted.
Where the last day on which a time limit expires is a public holiday, the firstworkday following the public holiday is the date on which the time limitexpires.
Rule 56 Where any document or material is sent to the Trademark Review andAdjudication Board, the date of receipt shall be the date of delivery where itis delivered personally, or the date of posting indicated by the postmark if itis sent by post; where the date of posting indicated by the postmark isillegible, or there is no postmark, the date of receipt shall be the date onwhich the Trademark Review and Adjudication Board actually receives thedocument or material, except that the interested party is able to presentevidence as to the actual date of posting indicated by the postmark.
Rule 57 Any document of the Trademark Review and Adjudication Board may beserved by post, by personal delivery or by other means. Where an interestedparty entrusts a trademark agency, delivery of the document to the trademarkagency shall be deemed delivery thereof to the interested party.
Where any document is sent to an interested party by the Trademark Review andAdjudication Board, the date of receipt shall be the date of receipt indicatedby the postmark on which the interested party receives it if it is sent bypost; where the date of posting indicated by the postmark is illegible, orwhere there is no postmark, or it is not returned to the addressor by the PostOffice the document shall be deemed to have been delivered to the interestedparty on the fifteenth day from the date of posting the document; the date ofreceipt shall be the date of delivery if it is delivered personally. Where anydocument cannot be sent by post or by personal delivery, the document may beserved through publication on the Trademark Gazette. At the expiration of thethirtieth day from the date of the publication, the document shall be deemed tohave been served.
Rule 58 Where an interested party is a foreign person or enterprise having nohabitual residence or place of business in China, the trademark agency actingon its or his behalf as indicated in the relevant official record of trademarkregistration shall receive, with acknowledgement, the delivered legal documentsin relation to the trademark in the proceedings of trademark review andadjudication; delivery of the documents to the trademark agency shall be deemeddelivery thereof to the interested party.
Where a trademark agency has terminated its agent relation with the relevantforeign interested party before the delivery of the legal documents mentionedin the preceding paragraph, it shall inform in writing the Trademark Review andAdjudication Board about it, and return the legal documents, within ten daysfrom the receipt thereof, to the Trademark Review and Adjudication Board foranother service to the proper addressee.
Where a trademark of international registration under the Madrid systeminvolves communication of the relevant forms and documents by the InternationalBureau, proof of service of the documents shall be submitted. If no such proofis furnished, the reason shall be explained in writing, and the forms anddocuments shall be deemed to have been served at the expiration of thefifteenth day from the date of issuance thereof by the International Bureau.
If a document can not be delivered by any of the above means, it will be servedthrough publication on the Trademark Gazette.

Chapter VI Supplementary Provisions
Rule 59 The circumstances having arisen before entry into force of the Decisionon the Amendment of the Trademark Law on 1 December 2001 that are listed inArticles 4, 5, 8, 9, paragraph one, 10, paragraph one (2), (3) and (4), 10,paragraph two, 11, 12, 13, 15, 16, 24, 25 and 31 of the revised Trademark Lawand that the Trademark Review and Adjudication Board reviewed and adjudicatedafter entry into force of the Decision on the Amendment of the Trademark Lawshall be reviewed and adjudicated pursuant to the relevant provisions of therevised Trademark Law. In respect of other circumstances, the Trademark Reviewand Adjudication Board shall apply the relevant provisions of the formerTrademark Law to the review and adjudication thereof.
Where an interested party applies to the Trademark Review and AdjudicationBoard for review and adjudication in respect of a dispute over a trademark thathad been registered for a year when the Decision on the Amendment of theTrademark Law entered into force, the time limit for filing the applicationprovided for in Article 27, paragraph two, of the former Trademark Law shallapply. Where an interested party applies to the Trademark Review andAdjudication Board for review and adjudication in respect of a dispute over atrademark that had been registered for less than a year when the Decision onthe Amendment of the Trademark Law entered into force, the time limit forfiling the application provided for in Article 41, paragraph three, of therevised Trademark Law shall apply in handling the application to the TrademarkReview and Adjudication Board for review and adjudication.
Where an relevant entity or person files an application for review andadjudication according to the provisions of Article 27 of the former TrademarkLaw and Rule 25 of the Implementing Regulations thereof before entry into forceof the Decision on the Amendment of the Trademark Law, and the application fallsinto the provisions of Articles 13, 15, 16 or 31 of the revised Trademark Law,the provision for the time limit for filing application for review andadjudication of Article 41, paragraph two, of the revised Trademark Law doesnot apply.
Rule 60 The documents or forms for handling review and adjudication mattersshall be formulated and published by the State Administration for Industry andCommerce.
Rule 61 The State Administration for Industry and Commerce shall be responsiblefor the interpretation of these Rules.
Rule 62 These Rules shall enter into force on 26 October 2005.