It’s really hard to find, one copy costs 100 yuan! It has been abolished. The current version is the 2005 revised version. See the 95 version below:

Trademark Review Rules (Abolition)

Trademark Review Rules

1995 On November 2, 2019, the State Administration for Industry and Commerce

Article 1 is to ensure that trademark review matters are handled correctly and timely, protect the legitimate rights and interests of the parties, and maintain and supervise the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office). Office) exercises its powers in accordance with the law and in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") and the Implementing Rules of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law Implementing Rules") , formulate these rules.

Article 2 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 an administrative agency established by the State Administration for Industry and Commerce to be responsible for trademark confirmation and review. It has the final say on trademark review matters in accordance with the law. Judgment power.

Article 3 The Trademark Review and Adjudication Board shall independently exercise its power of adjudication on trademark review matters in accordance with the law.

Article 4 The Trademark Review and Adjudication Board shall handle trademark review matters based on facts and the law.

Article 5 The parties have equal legal status in trademark review.

Article 6 If an international treaty concluded or acceded to by the People's Republic of China has different provisions from the Trademark Law or the Implementing Rules of the Trademark Law, the provisions of the international treaty shall apply. Except for treaty provisions that the People's Republic of China has declared reservations for.

Article 7 When handling trademark review matters, the Trademark Review and Adjudication Board adopts a member voting system and follows the principle of the minority being subordinate to the majority.

Article 8 The Trademark Review and Adjudication Board shall conduct written review of trademark review matters.

Article 9 When applying for or participating in trademark review, a party may entrust a trademark agency recognized by the State Administration for Industry and Commerce to act as an agent, or may handle the matter directly.

Foreigners or foreign enterprises who apply for or participate in trademark review shall entrust a trademark agency designated by the State Administration for Industry and Commerce to act as their agent.

Article 10 The Trademark Review and Adjudication Board shall accept review applications for the following matters:

(1) Those who are dissatisfied with the Trademark Office’s rejection of a trademark registration application;

( 2) Be dissatisfied with the Trademark Office’s objection ruling;

(3) Be dissatisfied with the Trademark Office’s rejection of the application for transfer of a registered trademark;

(4) Be dissatisfied with the Trademark Office’s rejection of the application for renewal of a registered trademark dissatisfied;

(5) dissatisfied with the cancellation of a registered trademark by the Trademark Office;

(6) disputing a registered trademark;

(7) dissatisfied with If the trademark is considered to be improperly registered and proposed to be revoked;

(8) Other trademark rights confirmation and review matters stipulated by laws and regulations.

Article 11 The Trademark Review and Adjudication Committee shall consist of a chairman, vice-chairmen, and members, of which the number of members shall be fifteen to seventeen.

Article 12 Trademark Review and Adjudication Board members shall meet the following conditions:

(1) Familiar with trademark laws;

(2) Engaged in trademark review work for more than three years or has been engaged in other legal affairs for five years;

(3) Be a civil servant of the State Administration for Industry and Commerce.

Article 13 The chairman, deputy chairman and members of the Trademark Review and Adjudication Board shall be appointed by the State Administration for Industry and Commerce.

Article 14 The chairman of the Trademark Review and Adjudication Board shall exercise the following powers:

(1) Preside over the daily work of the Trademark Review and Adjudication Board;

(2) Decide on trademarks Disqualification of members of the review committee;

(3) Review and issue the trademark review award.

The chairman of the Trademark Review and Adjudication Board may entrust the deputy chairman to perform his duties on his behalf.

Article 15 The Trademark Review and Adjudication Board shall establish an expert advisory group to solicit opinions on relevant issues in trademark review matters.

The expert advisory group is composed of several legal experts in the intellectual property field, and its members are appointed by the Trademark Review and Adjudication Board.

Article 16 To apply for trademark review, the following conditions must be met:

(1) The applicant must have legal subject qualifications;

(2) In Submit within the statutory time limit;

(3) Submit an application and relevant documents that meet the regulations in accordance with the law;

(4) Have specific review requests and factual basis;

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

(6) Pay review fees in accordance with the law.

Article 17 If a party entrusts a trademark agency to apply for or participate in trademark review matters, it shall submit a power of attorney letter. The power of attorney for an agent shall state the content and authority of the agency, and the power of attorney for a foreigner or foreign enterprise shall also state the nationality of the principal.

Foreigners or foreign enterprises shall use Chinese when applying for or participating in trademark review. The notarization and authentication procedures for the agent's power of attorney and relevant certificates shall be handled in accordance with the principle of reciprocity. Foreign language documents should be accompanied by Chinese translations.

Article 18 If a party applies for trademark review and is unable to proceed within the prescribed time limit due to force majeure or other legitimate reasons, it may apply for an extension of thirty days before the expiration of the time limit. Whether to approve or not shall be decided by the Trademark Review and Adjudication Board.

Article 19: The parties concerned may not raise objections to trademarks that have been ruled by the Trademark Review and Adjudication Board before registration approval, based on the same facts and reasons, Article 10 (6) and (7) of these Rules. ), apply to the Trademark Review and Adjudication Board for review.

Article 20 Within thirty days from the date of receipt of the trademark review application, if the Trademark Review and Adjudication Board deems upon review that it meets the statutory conditions, it shall accept the application and notify the party concerned in writing; if it deems that the application does not meet the statutory conditions, , the party concerned shall be notified in writing that the application will not be accepted and the reasons shall be explained.

If the Trademark Review and Adjudication Board believes that the party's application basically meets the statutory conditions, but needs to be supplemented and corrected, it may restrict the party to make corrections within a prescribed time limit; if no supplements and corrections are made within the time limit, it will not be accepted and the party will be notified in writing and Return all application documents.

Article 21 If an application for review is submitted for matters specified in Items (2), (5), (6) and (7) of Article 10 of these Rules, the Trademark Review and Adjudication Board shall accept the application on its own initiative. Within fifteen days from the date of filing, a copy of the application shall be sent to the respondent, and the respondent shall submit a defense within the time limit specified by the Trademark Review and Adjudication Board.

If the Trademark Review and Adjudication Board deems it necessary to submit a defense letter submitted by the respondent, it may send a copy of the defense letter to the applicant. If the respondent fails to submit a statement of defense or submits it beyond the time limit, it will not affect the Trademark Review and Adjudication Board's decision on the case.

With the permission of the Trademark Review and Adjudication Board, the applicant and the respondent (including agents) can review the materials in this case, except those involving the other party’s trade secrets.

Article 22 Before the Trademark Review and Adjudication Board makes a ruling on the trademark review matter, the party concerned may withdraw the review application.

Article 23 When the Trademark Review and Adjudication Board handles trademark review matters, more than two-thirds of the members shall participate, and shall make a ruling based on the voting results.

Article 24 If a member of the Trademark Review and Adjudication Board believes that he or she has an interest or other relationship with the case, he shall apply for recusal.

If the party believes that the Trademark Review and Adjudication Board members have an interest in the case or have other relationships that may affect the fair handling, they have the right to apply for the revocation of the Trademark Review and Adjudication Board members before the review and decision is made.

Article 25 The Trademark Review and Adjudication Board has the right to require the parties to provide or supplement evidence.

Article 26 If the trademark review matter is complicated and the facts are unclear, the Trademark Review and Adjudication Board may conduct an investigation and, if necessary, convene both parties to hold a hearing and investigation meeting.

Article 27 When the Trademark Review and Adjudication Board holds a hearing and investigation meeting, it shall notify both parties of the date of the meeting at least one month before the meeting. If the parties have legitimate reasons, they may request an extension ten days before the meeting. Whether to postpone the meeting shall be decided by the Trademark Review and Adjudication Board. If a party fails to attend the meeting without justifiable reasons or withdraws from the meeting midway without permission, it will be deemed to have given up the right to defend.

Article 28 When the Trademark Review and Adjudication Board holds a hearing and investigation meeting, it shall prepare transcripts. If the parties or other review participants believe that there are omissions or errors in the records of their statements, they have the right to apply for corrections. If no supplements or corrections are made, the application shall be recorded.

The transcript shall be signed or sealed by the Trademark Review and Adjudication Board members, record-keepers, parties and other review participants present at the meeting.

Article 29 The award shall state the review request, review facts, review reasons, review results and the date of the review, and shall be affixed with the seal of the Trademark Review and Adjudication Board.

Article 30: The Trademark Review and Adjudication Board shall make corrections to any textual errors in the award or content that has been ruled by the Trademark Review and Adjudication Board but is omitted from the award; Within days, you can apply for correction.

Article 31 The award shall become legally effective from the date of issuance.

Article 32 If the final ruling made by the Trademark Review and Adjudication Board needs to be handled by the Trademark Office, it shall be transferred to the Trademark Office for handling.

Article 33: Review and adjudication decisions have no retroactive effect on matters that have already been executed or handled involving trademark property rights.

Article 34 If a party submits evidence to prove that a legally effective ruling falls under any of the following circumstances, it may reapply to the Trademark Review and Adjudication Board, but the execution of the ruling will not be suspended:

(1) The matters adjudicated do not fall within the review scope of the Trademark Review and Adjudication Board;

(2) The review procedure violates the Trademark Law and the Implementing Rules of the Trademark Law;

(3) The evidence on which the ruling is based is forged by the party;

(4) The other party conceals evidence that is sufficient to affect a fair ruling.

The party concerned shall submit a new application for review within one year after the award becomes legally effective.

Article 35 The Trademark Review and Adjudication Board shall make a decision within thirty days on whether to accept the review application resubmitted by the party. If the acceptance conditions are met, the application shall be accepted and the applicant and relevant parties shall be notified in writing; if the acceptance conditions are not met, the application shall not be accepted and the applicant shall be notified in writing and the reasons shall be stated.

If the application reason is not established upon review, the Trademark Review and Adjudication Board shall notify the applicant in writing.

If the reason for the application is established after review, the Trademark Review and Adjudication Board shall revoke the ruling that has been made and make a new ruling.

Article 36 Matters not covered in these rules shall be implemented in accordance with relevant laws, regulations and rules.

Article 37 The content and format of trademark review documents shall be formulated and announced by the State Administration for Industry and Commerce.

Article 38 The parties concerned shall pay trademark review fees in accordance with regulations. Specific standards and scope will be formulated and announced by the State Administration for Industry and Commerce and relevant departments.

Article 39 The State Administration for Industry and Commerce is responsible for the interpretation of these rules.

Article 40 These rules shall come into effect from the date of promulgation.