Paragraph 2 of Article 2 of the Trademark Review and Adjudication Rules "If a party needs to supplement relevant evidential materials after filing an application for review or defense, it shall make a statement in the application or defense, and submit the same number of evidential materials as the application or defense at one time within 3 months from the date of submitting the application or defense; If it is not stated in the application or defense or is not submitted at the expiration of the time limit, it shall be deemed as giving up the supplementary relevant evidence materials. However, unless there is evidence based on new facts or there are other legitimate reasons after the expiration ";

the above provisions not only conform to the general law of evidence, but also ensure fairness, flexibility, ease of operation, help to improve efficiency and have better applicability. However, the author has such a question: "What is evidence based on new facts or is there any other justifiable reason? How does the Trademark Review and Adjudication Board determine it, and how to grasp it as an agency or a party? "

generally speaking, there is a valid reason that it cannot be submitted within the specified time due to force majeure, and evidence based on new facts refers to evidence that did not appear when relevant evidence was submitted, such as the judgment or verdict made by the court later. But how to judge the capsule? In the actual operation of the case, it is unknown whether the evidence based on the new facts after the expiration of the applicant is submitted to the Trademark Review and Adjudication Board, whether this evidence will be accepted or not, and whether it will have a reversible impact on the case. As a party to a case, he can only learn some information through the contents of the decision after the ruling is issued, but at this time, the case has been concluded and the parties can only provide relief through other channels.

Therefore, the author thinks that the Trademark Review and Adjudication Board should make a written reply on whether the relevant evidence submitted by the parties is new or not, so that the applicant can know whether the evidence submitted by him is valid, make a pre-judgment on his case as soon as possible, and better protect his legitimate rights and interests.