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Measures for Oral Trial of Trademark Review Cases (2017)

商标评审案件口头审理办法

Type of laws Departmental rule

Issuing body State Administration for Market Regulation

Promulgating date May 04, 2017

Effective date May 04, 2017

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Trademark Law

Editor(s) Lin Haibin 林海斌

The Measures for Oral Trial of Trademark Review Cases entered into force on 4 May 2017.

There are 21 articles in total, which aim to stipulate how shall the Trademark Review and Adjudication Board conduct oral hearing of trademark review cases.

The key points are as follows:

  1. The parties concerned shall participate in the trial of trademark dispute in written form. However, the Trademark Review and Adjudication Board may, at the request of the parties concerned or according to the actual circumstances, decide to hear the case orally.

  2. Generally, the number of participants in the oral hearing, including the authorized agent, should not exceed two.

  3. The oral hearing shall be under the charge of the collegiate group processing the case. The collegiate group shall be composed of more than three persons (an odd number is a must) with one group leader.

  4. During the oral hearing, unless otherwise permitted by the Trademark Review and Adjudication Board, it is not allowed to attend the hearing, or take photos, sound recordings or video recordings.

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