商标评审规则(英文版)

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

国家工商行政管理总局令第3号

（State Administration for Industry and Commerce Order No. 37，promulgated on 2 November 1995，revised by the State Administration for Industry and Commerce Order No. 3，promulgated on 17 September 2002 and effective as of 17 October 2002.）

颁布日期：20020917 实施日期：20021017 颁布单位：国家工商行政管理总局

PART ONE GENERAL PROVISIONS

Article 1These Rules are formulated in accordance with the PRC Trademark Law （the Trademark Law）and the PRC Trademark Law Implementing Regulations （the Implementing Regulations）。

Article 2In accordance with the Trademark Law and the Implementing Regulations，the Trademark Review and Adjudication Board of the Administration for Industry and Commerce （the TRAB）is in charge of handling the following types of trademark dispute cases：

1. cases where a party is dissatisfied with the rejection by the Trademark Office of the State Administration for Industry and Commerce （the Trademark Office）of his application to register a trademark and applies for review pursuant to Article 32 of the Trademark Law；

2. cases where a party is dissatisfied with a ruling on his opposition issued by the Trademark Office and applies for review pursuant to Article 33 of the Trademark Law；

3. cases where a request has been made for a ruling to cancel a registered trademark pursuant to Article 41 of the Trademark Law；and

4. cases where a party is dissatisfied with a decision of the Trademark Office to cancel a registered trademark made pursuant to the first paragraph of Article 41，Article 44 or Article 45 of the Trademark Law and applies for review pursuant to Article 49 of the Trademark Law.

Article 3Participation of the parties in review and adjudication activities related to a trademark dispute shall be done in documentary form.

Article 4When the TRAB adjudicates trademark disputes，it shall take the facts as the basis and the law as the measure.

Article 5When the TRAB adjudicates trademark disputes，it shall treat the parties as equal under the applicable law.

Article 6The hearing of trademark disputes by the TRAB shall be conducted in the form of documentary reviews，unless it decides to conduct an open hearing in accordance with Article 33 of the Implementing Regulations.

Article 7The parties shall be notified in writing of the decisions and/or rulings of the TRAB made in accordance with the Trademark Law，the Implementing Regulations and these Rules，and the grounds for such decisions and/or rulings shall be stated.

Article 8Except otherwise specified herein，the TRAB shall implement the tribunal system for the hearing of trademark disputes. A tribunal shall be composed of trademark adjudicators and shall conduct the hearing.

When a tribunal adjudicates a case，the principle of the minority yielding to the majority shall apply.

Article 9Pursuant to Article 9 of the Implementing Regulations， a trademark adjudicator shall recuse himself，and may be challenged by a party or a materially interested person，in any of the following circumstances：

1. he is a party in the case or is a close relative of a party or agent；

2. he is otherwise related to a party or to an agent in a way that may affect his impartiality；or

3. he is materially interested in the handling of the trademark review and adjudication matters.

If a party or materially interested person challenges a trademark adjudicator，he shall do so in writing and state the grounds therefor.

Article 10While a trademark review and adjudication procedure is pending，the parties shall have the right to legally dispose of their own trademark rights and their rights relating to the trademark review and adjudication.

Article 11When the owners of a collective mark take part in trademark review and adjudication activities，they shall designate one party as their representative. If no representative has been designated，the party listed first in the trademark registration application or the register of trademarks shall be the representative. The act of participation by the representative in any review and adjudication procedure shall be valid vis-à-vis the parties he represents；however，any change of representative，relinquishment of a claim or acknowledgement of a claim of the other party shall require the written authorization of the parties represented.

Article 12If foreigners or foreign enterprises need to handle trademark review and adjudication matters，they may，if they have a permanent residence or a place of business in China，appoint as their agent an organization recognized by the State as qualified to act as a trademark agent，or they may handle matters directly. Foreigners or foreign enterprises that do not