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July 2017
LAW Newsletter

Legal Topic

Summary of Hearing Rules for Adjudication of Trademark Review Cases

By Henry Liao
Schinders Law
Guangzhou, P.R. China

To facilitate the adjudication of trademark review cases by the Trademark Review and Adjudication Board (the “TRAB”), on May 4, 2017, the State Administration for Industry and Commerce of China promulgated the Hearing Rules for Adjudication of Trademark Review Cases (the “Hearing Rules”) according to the PRC Trademark Laws and relevant trademark regulations and rules.

The Hearing Rules are summarized as follows:

1. What cases would the trademark review cases cover?
Trademark review cases by the TRAB include: i) appealing the rejection of trademark gazette; ii) appealing the disapproval of trademark registration due to opposition; iii) appealing the trademark cancellation decision due to non-use or other reasons; iv) application for invalidation of registered trademarks; and v) appealing on the invalidation decision of registered trademarks.

2. How the hearing would be held by the TRAB for the trademark review cases?
The hearing would be held at the sole discretion of the TRAB, or upon the approval by the TRAB on the applications by relevant parties, if the TRAB thinks that the hearing is necessary for the adjudication of the cases.

If any party applies for the hearing, but the TRAB thinks that the case facts are clear based on the written documents and the hearing is not necessary, then the TRAB would not approve the hearing.

3. When should the application for a hearing be submitted?
The applicant of the trademark review cases should submit the application for a hearing to the TRAB when it files the cases, or at the latest within 30 days upon receipt of the statement of reply by the respondent. The respondent of the trademark review cases should submit the application for a hearing to the TRAB when it submits the statement of reply or the supplementary supporting documents to the statement of reply.

4. How does the TRAB hold the hearing?
The TRAB will form a panel of three examiners, in which one of them will preside over the hearing. Each party could be represented by no more than two people, unless otherwise approved by the TRAB in advance.

The panel will follow the following major procedures of hearing:

i. introduction of the basic information of the case and the disputes of the case
ii. statement of claims by the applicant;
iii. statement of reply by the respondent;
iv. cross-examination of evidence; and
v. final statements by the parties.

6. Is there any fee for the hearing?
None.

If you have questions on rules for adjudication of trademark review, please contact Henry Liao at henry.liao@schinderslaw.com.

Disclaimer: The above article is not legal advice and is provided for informational purposes only. The information provided is to identify current legal issues, which you may be interested in. Because laws change constantly, the content of the article may not reflect the changes or the complete aspects of the law. Any of its content should not be construed as legal advice from Lawyers Associated Worldwide or from Schinders Law.