Notice to Parties to trademark review and adjudication

According to the relevant provisions of the Trademark Law of the People's Republic of China, the Regulations on the Implementation of the Trademark Law of the People's Republic of China and the Rules on Trademark Review and Adjudication, the parties to participate in the review of trademark rejection, trademark opposition review, trademark disputes and other review activities have the following rights and obligations:

1. The parties' rights to participate in trademark review and adjudication activities
1. Dispose of its trademark rights and rights related to trademark review in accordance with the law during the trademark review;
2, trademark application review personnel withdrawal;
3, entrusted trademark agency organization agent;
4. Apply for access to relevant materials of the case;
5. If both parties submit and supplement evidentiary materials according to law, exchange evidence under the auspices of the Trademark Review and Adjudication Board, and cross-examine evidence within the time limit designated by the Trademark Review and Adjudication Board;
6. The parties may reach a settlement in writing on their own, taking into account the public interest and the rights of third parties;
7. Apply for public review;
8. Before the trademark review decision or ruling is made, the applicant may request in writing to withdraw the application and explain the reasons;
9. If the Trademark Review and Adjudication Board makes a decision or ruling, it may bring a suit to the people's court within the statutory time limit.

2. Obligations of parties to participate in trademark review and adjudication activities
1. Participation in trademark review activities shall be handled in writing;
2, the application for withdrawal, shall be handled in writing, and explain the reasons;
(3) Where a party entrusts a trademark agency to participate in trademark review activities, it shall submit a power of attorney; Any foreigner or foreign enterprise that has no habitual residence or business establishment in China shall entrust an organization with the qualification of trademark agency recognized by the State to act as its agent; Where the authority of the agent is changed, the agency relationship is terminated or the agent is changed, the Trademark Review and Adjudication Board shall be notified in writing in a timely manner;
4. Pay evaluation fees according to law;
5, request for public review, should be handled in writing, and explain the reasons;
(6) Where the party's trademark right is transferred or transferred during the review procedure, the assignee or successor shall promptly declare in writing that it assumes the status of the assignor;
7. If the party concerned is dissatisfied with the decision or ruling made by the Trademark Review and Adjudication Board and brings a suit before the people's court, it shall, at the same time of submitting the complaint to the people's court or within 15 days at the latest, send a copy of the complaint or notify the Trademark Review and Adjudication Board separately in writing;
8. Burden and obligation of proof
The parties have the responsibility to provide evidence to prove the facts on which their request for review is based or the facts on which their request for review is refuted; If there is no evidence or the evidence is insufficient to prove the factual claims of the parties, the party bearing the burden of proof shall bear the adverse consequences;
If the parties need to supplement relevant evidentiary materials after submitting the application for review or defense, they shall declare it in the application or defense, and submit it within 3 months from the date of submission of the application or defense; If the documents are not submitted at the expiration of the time limit, they shall be deemed to have given up supplementing relevant evidentiary materials; If the parties need to apply the provisions of Article 20 of the Trademark Review and Adjudication Rules "except for evidence formed on the basis of new facts or other legitimate reasons after the expiration of the term", they shall indicate the evidence and explain the reasons on the first page of the evidence materials;
Where the Trademark Review and Adjudication Board sends the evidentiary materials provided by a party within the statutory time limit to the other party for cross-examination, the other party shall cross-examine the evidence within the specified time limit, otherwise it shall be deemed to have no opinion;

Requirements for evidence materials:
Documentary evidence, material evidence, computer data and audio-visual materials shall be the original, original or original carrier. If it is really difficult to submit the original, original or original carrier, corresponding photocopies, photographs, excerpts or copies may be provided; However, if one party has doubts about the photocopies, photos, extracts, copies, etc. submitted by the other party and has corresponding evidence to support them, or if the Trademark Review and Adjudication Board considers it necessary, the party in question shall provide or produce the original or notarized photocopies of the relevant evidence;
If the evidence provided by a party to the Trademark Review and Adjudication Board is formed outside the territory of the People's Republic of China, or in Hong Kong, Macao or Taiwan, and the other party has doubts about the authenticity of the evidence and has corresponding evidence to support it, or the Trademark Review and Adjudication Board considers it necessary, it shall go through the corresponding notarization and certification procedures in accordance with relevant provisions;
Documents or explanatory materials in foreign languages shall be accompanied by Chinese translation.

Trademark Review and Adjudication Rules, Chapter V excerpt

Article 75 The parties need not provide evidence to prove the following facts:
(1) Well-known facts;
(2) facts presumed in accordance with law;
(3) facts that have been proved according to law;
(4) Facts inferred from the rule of thumb of daily life.
(5) Other facts that do not require proof according to law.
Except where the parties have evidence to the contrary sufficient to overturn.

Article 76 Where a party provides documentary evidence to the Trademark Review and Adjudication Board, it shall provide the original, including original, original and duplicate. If it is really difficult to provide the original, photocopies, photos or extracts that have been verified as correct with the original may be provided; Where copies, photocopies or transcriptions of the original documentary evidences kept by the relevant departments are provided, the sources shall be indicated, and the seals shall be affixed after verification by the departments concerned.

Article 77 Where a party provides material evidence to the Trademark Review and Adjudication Board, it shall provide the original. If it is really difficult to provide the original object, it may provide a copy of the original object that has been verified to be correct, or other evidence such as photographs or video recordings proving the material evidence; The original being a part of a larger number of species.

Article 78 Where a party provides computer data or audio and visual materials such as audio and video recordings to the Trademark Review and Adjudication Board, the following requirements shall be met:
(1) The original carrier of the relevant data. Where it is really difficult to provide the original carrier, copies may be provided;
(2) indicate the production method, production time, producer and proof of facts;
(3) Sound materials shall be accompanied by a written record of the content of the sound.

Article 79 Where a party provides witness testimony to the Trademark Review and Adjudication Board, it shall meet the following requirements:
(1) State the basic information of the witness, such as name, age, sex, residence, work unit or occupation;
(2) with the signature of a witness, if it is not possible to sign, it shall be certified by way of a seal or other means;
(3) indicate the date of issue;
(4) Documents with copies of resident identity cards and other documents proving the identity of witnesses.

Article 80 Where a party provides an appraisal conclusion to the Trademark Review and Adjudication Board, it shall state the client and the matters entrusted for appraisal, the relevant materials submitted to the appraisal department, the basis for appraisal and the explanation of the appraisal department and the appraiser's appraisal qualifications, and it shall have the signature of the appraiser and the seal of the appraisal department. The identification conclusions obtained through the analysis shall describe the analysis process.

Article 81 If the evidence provided by a party to the Trademark Review and Adjudication Board is formed outside the territory of the People's Republic of China, the evidence shall be certified by the notary office of the country where it is located, and certified by the diplomatic and consular missions of the People's Republic of China in that country, or the certification procedures stipulated in the relevant treaties concluded between the People's Republic of China and the country where it is located.

If the evidence provided by the parties to the Trademark Review and Adjudication Board is formed in Hong Kong, Macao and Taiwan, the relevant certification procedures shall be carried out.
Article 82 Where a party provides documentary evidence or explanatory materials in a foreign language to the Trademark Review and Adjudication Board, a Chinese translation shall be attached. If the party submitting the foreign language evidence fails to submit the Chinese translation, the foreign language evidence shall be deemed not to have been submitted.

If the other party has objections to the specific content of the translation, it shall submit the Chinese translation of the dissenting part. If necessary, a unit approved by both parties may be entrusted to translate the full text, the part used or the part in question.

If the parties fail to reach an agreement on the commission of translation, the Trademark Review and Adjudication Board may entrust a professional translation unit to translate the full text, or the part used or the part in question. The cost of the commissioned translation shall be borne by 50% by each party. If a party refuses to pay the translation fee, it shall be deemed to acknowledge the translation submitted by the other party.