Chapter 1 General Provisions Article 1 In accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") These rules are formulated in accordance with the provisions of the "Implementation Regulations"). Article 2 In accordance with the provisions of the Trademark Law and its Implementing Regulations, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) is responsible for handling the following trademark dispute cases:

(1) Dissatisfaction The decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject a trademark registration application is a case of application for review in accordance with Article 32 of the Trademark Law;

(2) Dissatisfaction with the Trademark Office’s decision Opposition rulings, cases applying for review in accordance with Article 33 of the Trademark Law;

(3) Requests for cancellation of a registered trademark in accordance with Article 41 of the Trademark Law Case;

(4) Dissatisfaction with the Trademark Office’s decision to cancel a registered trademark in accordance with the provisions of Article 41, Paragraph 1, Article 44, and Article 45 of the Trademark Law, based on Article 49 of the Trademark Law stipulates cases involving applications for review. Article 3 Parties participating in the review activities of trademark dispute cases shall do so in writing. Article 4 The Trademark Review and Adjudication Board shall hear cases of trademark disputes based on facts and the law as the criterion. Article 5 When the Trademark Review and Adjudication Board hears trademark dispute cases, it shall treat all parties equally in terms of applicable laws. Article 6 The Trademark Review and Adjudication Board shall conduct written hearings in trademark dispute cases, except for cases where public review is decided in accordance with Article 33 of the Implementation Regulations. Article 7 The Trademark Review and Adjudication Board shall notify the relevant parties in writing of decisions and rulings made in accordance with the Trademark Law, the Implementing Regulations and these Rules, and explain the reasons. Article 8 Unless otherwise provided in these rules, the Trademark Review and Adjudication Board shall adopt a collegial system when hearing trademark dispute cases, and a collegial group composed of trademark review personnel shall conduct the hearing.

When a collegial panel hears cases, the principle of the minority obeying the majority is implemented. Article 9 According to the provisions of Article 9 of the "Implementing Regulations", if the trademark review personnel have any of the following circumstances, they shall withdraw, and the parties or interested parties may apply for their withdrawal:

(1) Is a party to the case Or a close relative of the party or agent;

(2) Having other relationships with the party or agent that may affect fairness;

(3) Having any relationship with the handling of trademark review matters Stake.

If a party or interested party applies for the recusal of a trademark review and review personnel, the application shall be made in writing and the reasons shall be explained. Article 10 During the trademark review period, the parties concerned have the right to dispose of their trademark rights and rights related to trademark review in accordance with the law. Article 11*** Any party with a trademark who participates in trademark review activities shall designate one person as its representative; if there is no designated representative, the first person in the order stated in the trademark registration application or trademark registration book shall be the representative. people. The representative's participation in the review will be effective for the party he represents, but the representative must have written authorization from the represented party to change, give up the review request, or acknowledge the other party's review request. Article 12 If a foreigner or foreign enterprise handles trademark review matters and has a habitual residence or business office in China, he or she may entrust a state-recognized organization with trademark agency qualifications to act as an agent, or he may handle the matter directly; if he does not have a habitual residence or business office in China, he may If necessary, a state-recognized organization with trademark agency qualifications should be entrusted as agent. Article 13 If a party entrusts a trademark agency to participate in trademark review, it shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for a foreign enterprise shall also state the nationality of the principal.

The notarization and authentication procedures for the power of attorney for foreigners or foreign enterprises and related certification documents shall be handled in accordance with the principle of reciprocity.

Foreigners or foreign enterprises shall use Chinese when applying for or participating in trademark review; foreign language documents shall be accompanied by Chinese translations.

Article 14 If the agent's authority changes or the agency relationship is terminated, the party concerned shall promptly notify the Trademark Review and Adjudication Board in writing. Article 15: The parties, interested parties, and agents may apply for access to relevant materials on this case, and may apply for copies of relevant materials and legal documents on this case. The scope and methods for accessing and copying relevant materials in this case shall be stipulated by the Trademark Review and Adjudication Board. Chapter 2 Application and Acceptance Article 16 To apply for trademark review, the following conditions must be met:

(1) The applicant must have legal subject qualifications;

(2) Under the statutory conditions Submit within the time limit;

(3) It falls within the review scope of the Trademark Review and Adjudication Board;

(4) Submit an application and relevant evidence materials that meet the regulations in accordance with the law;

(5) Have clear review requests, factual basis and reasons;

(6) Pay review fees in accordance with the law. Article 17 To apply for trademark review, an application shall be submitted to the Trademark Review and Adjudication Board; if there are respondents, the corresponding number of copies shall be submitted according to the number of respondents; if an application for review is based on the decision letter or ruling of the Trademark Office, The decision or ruling from the Trademark Office should also be attached at the same time. Article 18 The application shall specify the following matters:

(1) The name, address and postal code of the applicant. If the applicant is a legal person or other organization, the legal representative or principal person in charge shall be specified. name and position;

(2) The name, application number or preliminary approval number, registration number of the disputed trademark and the issue number of the Trademark Announcement in which the trademark was published;

( 3) A clear review request and the facts, reasons and legal basis;

(4) The name and telephone number of the contact person.

If there is a respondent in the review application, the name and address of the respondent shall be stated. If a trademark agency is entrusted to handle trademark review matters, the name, mailing address, postal code and contact number of the trademark agency should also be stated.