Trademark Trial and Appeal Rules

Order of the State Administration for Industry and Commerce
(No. 65)
The Trademark Trial and Appeal Rules, as deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce, are hereby issued with effect from June 1, 2014.
Director: Zhang Mao
May 28, 2014
Trademark Trial and Appeal Rules
(Issued by Order No. 37 of the State Administration for Industry and Commerce on November 2, 1995, revised for the first time by Order No. 3 of the State Administration for Industry and Commerce on September 17, 2002, revised for the second time by Order No. 20 of the State Administration for Industry and Commerce on September 26, 2005, and revised for the third time by Order No. 65 of the State Administration for Industry and Commerce on May 28, 2014)

Chapter I General Provisions

Article 1 For the purpose of regulating the trademark trial and appeal proceedings, these Rules are developed in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the “Trademark Law”) and the Regulation for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the “Implementation Regulation”).

Article 2 Under the Trademark Law and the Implementation Regulation, the Trademark Trial and Appeal Board of the State Administration for Industry and Commerce (hereinafter referred to as the “Board”) is charged with the handling of the following trademark trial and appeal cases:

(1) A case where a notice of appeal is filed under Article 34 of the Trademark Law from a decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the “Trademark Office”) to dismiss a trademark registration application.

(2) A case where an appeal is filed under paragraph 3 of Article 35 of the Trademark Law from a decision of the Trademark Office to refuse registration.

(3) A case where a petition is filed for declaration of invalidation of a registered trademark under paragraph 1 of Article 44 or paragraph 1 of Article 45 of the Trademark Law.

(4) A case where an appeal is filed under paragraph 2 of Article 44 of the Trademark Law from a decision of the Trademark Office to declare invalidation of a registered trademark.

(5) A case where an appeal is filed under Article 54 of the Trademark Law from a decision of the Trademark Office to cancel or decline to cancel a registered trademark.
In the trademark trial and appeal proceedings, trademarks involved in the appeals under subparagraph (1) of the preceding paragraph are collectively referred to as “trademarks for registration,” trademarks involved in the appeals under subparagraph (2) thereof are collectively referred to as “opposed trademarks,” trademarks involved in the petitions for declaration of invalidation under subparagraph (3) thereof are collectively referred to as “disputed trademarks,” and trademarks involved in the appeals under subparagraphs (4) and (5) thereof are collectively referred to as “appealed trademarks.” In these Rules, the aforesaid trademarks are collectively referred to as “trademarks pending trial or appeal.”

Article 3 The parties may participate in trademark trial and appeal activities in writing or in the form of data message.
The specific measures for participating in trademark trial and appeal activities in the form of data message shall be additionally developed by the Board.

Article 4 The Board shall conduct trademark trial and appeal proceedings in writing, unless it has decided to hold an oral hearing under HYPERLINK "javascript:ESLC(37085,33)"Article 60 of the HYPERLINK "javascript:ESLC(40965,0)"Implementation Regulation.
The specific measures for oral hearings shall be additionally developed by the Board.

Article 5 The decisions and rulings made by the Board in accordance with the Trademark Law, the Implementation Regulation, and these Rules shall be served upon the relevant parties in writing or in the form of data message, with the reasons explained.

Article 6 Except as otherwise specified by these Rules, the Board shall apply a collegial system to trademark trial and appeal, that is, form a collegial panel composed of three or more of the Board judges in odd number to conduct a trial or appeal proceeding.
Collegial panels shall adopt the simple majority principle in conducting trial and appeal proceedings.

Article 7 To disqualify a Board judge under Article 7 of the Implementation Regulation, a party or an interested person shall file a request in writing with the reasons explained.

Article 8 During the trademark trial or appeal period, a party shall be entitled to legally dispose of its trademark rights and rights related to the trademark trial or appeal. Without detriment to the public interests and the rights of a third party, the parties may reach a settlement in writing on their own initiative or through mediation.
Where the parties have reached a settlement, the Board may close the case or make a decision or ruling.

Article 9 The co-claimants or the parties to a co-owned trademark in a trademark trial or appeal case shall designate a representative under paragraph 1 of Article 16 of the Implementation Regulation to handle trademark trial or appeal matters.
The representative's participation in trademark trial or appeal is binding upon the parties represented, but a written authorization from the parties represented is required where the representative modifies or waives any claims in trial or appeal or acknowledges any claims of the opposite party in trial or appeal.
The documents of the Board shall be served upon the representative.

Article 10 A foreign national or a foreign enterprise with a habitual residence or a place of business within China may authorize a legally formed trademark agency to handle trademark trial and appeal matters, or directly handle them itself. A foreign national or a foreign enterprise without a habitual residence or a place of business within China shall authorize a legally formed trademark agency to handle them.

Article 11 A party shall, in a timely manner, notify the Board in writing of any change of the authority of its agent, the termination of the agency relationship, or modification of its agent.

Article 12 A party and its agent may apply for consulting materials related to the case.

Chapter II Filing and Acceptance of Cases

Article 13 For the filing of a trademark trial or appeal case, the following conditions shall be met:

(1) The claimant is legally eligible as a party to the case.

(2) The case is filed within the statutory time limit.

(3) The case falls within the scope of trial and appeal of the Board.

(4) A written petition or appeal and relevant materials in compliance with the applicable provisions are submitted.

(5) There are specific claims, facts, grounds, and legal basis.

(6) The trial or appeal fees are paid as legally required.

Article 14 Where a trademark trial or appeal case is filed, a written petition or appeal shall be submitted to the Board, along with as many copies thereof as the number of the respondents, if any. If the trademark pending trial or appeal is assigned, transferred, or modified, for which an application has been filed with the Trademark Office but has not been approved and published, the party shall provide corresponding evidentiary documents. For an appeal from a written decision of the Trademark Office, the written decision of the Trademark Office shall also be attached.

Article 15 A written petition or appeal shall state:

(1) the name, correspondence address, and contact person and telephone number of the claimant; the name and address of the respondent, if any; and the name, address, and contact person and telephone number of the trademark agency, if a trademark agency is authorized to handle trademark trial or appeal matters;

(2) the trademark pending trial or appeal, the application or preliminary approval number of the trademark, the registration number of the trademark, and the issue number of the Trademark Gazette on which the trademark is published; and

(3) specific claims, facts, grounds and legal basis.

Article 16 Where a petition or appeal fails to meet one of the conditions as set forth in subparagraphs (1), (2), (3) and (6) of Article 13 of these Rules, the Board shall not accept it, but shall notify the claimant in writing with the reasons explained.

Article 17 Where a petition or appeal fails to meet either of the conditions as set forth in subparagraphs (4) and (5) of Article 13 of these Rules, the claimant fails to submit the relevant evidentiary documents as required by the Implementation Regulation and these Rules, or any supplements or corrections are otherwise needed, the Board shall send a notice of submission of supplements and corrections to the claimant, and the claimant shall submit supplements and corrections within 30 days after receiving the notice.
If the applicable provisions are still not complied with after submission of supplements and corrections, the Board shall not accept the petition or appeal, but shall notify the claimant in writing with the reasons explained. If the claimant fails to submit supplements and corrections with the prescribed time limit, the claimant shall be deemed to have withdrawn its petition or appeal under Article 57 of the Implementation Regulation, but the Board shall notify the claimant in writing.

Article 18 Where it is determined upon examination that a petition or appeal meets the conditions for acceptance, the Board shall issue a Notice of Acceptance to the claimant within 30 days.

Article 19 Under any of the following circumstances, a petition or appeal already accepted by the Board fails to meet the conditions for acceptance, and shall be dismissed under Article 57 of the Implementation Regulation:

(1) In violation of Article 62 of the Implementation Regulation, after withdrawing its petition or appeal, the claimant files it again based on the same facts and grounds.

(2) In violation of Article 62 of the Implementation Regulation, after the Board has made a ruling or decision on its petition or appeal, the claimant files it again based on the same facts and grounds.

(3) The conditions for acceptance are otherwise not met.
A petition filed with the Board for declaration of invalidation of a trademark granted registration in an appellate proceeding against a refusal to registration shall not be subject to subparagraph (2) of the preceding paragraph.
After dismissing a petition or appeal, the Board shall notify the claimant in writing with the reasons explained.

Article 20 A party to a trial or appeal proceeding of the Board shall submit as many copies of the written petition or appeal, answer, opinion, cross-examination opinion, and evidentiary materials as the number of the opposite parties, the contents of which shall be identical with those of the originals. If the aforesaid requirements are not satisfied and continue so after supplements and corrections are submitted, the petition or appeal shall not be accepted or the relevant materials shall be deemed never submitted, under paragraph 2 of Article 17 of these Rules.

Article 21 Where there is a respondent to a petition or appeal, after accepting the petition or appeal, the Board shall serve a copy of the written petition or appeal and the relevant evidentiary materials upon the respondent. The respondent shall submit an answer and a copy thereof to the Board within 30 days of receipt of the petition or appeal materials; and the respondent's failure to submit an answer within the prescribed time limit shall not affect the trial or appeal proceeding of the Board.
In reviewing a case against a decision of the Trademark Office to refuse registration, the Board shall issue a notice to the original opponent, requiring its participation and submission of an opinion. The opponent shall submit a written opinion and a copy thereof to the Board within 30 days of receipt of the petition or appeal materials; and the opponent's failure to submit an opinion within the prescribed time limit shall not affect the review of the case.

Article 22 A respondent submitting an answer or an original opponent participating in an appeal proceeding against a refusal to registration shall be legally qualified to do so.
The written answer and opinion and the relevant evidentiary materials in a trademark trial or appeal proceeding shall be completed and provided in accordance with the prescribed formats and requirements.
Where supplements and corrections are needed for noncompliance with paragraph 2 hereof or any other reason, the Board shall issue a notice of supplements and corrections to the respondent or original opponent, and the respondent or original opponent shall submit supplements and corrections within 30 days of receipt of the notice. The respondent's or original opponent's continuing noncompliance after submission of supplements and corrections or failure to submit supplements and corrections within the statutory time limit shall be deemed a failure to submit an answer or opinion, which shall not affect the trial or appeal proceeding of the Board.

Article 23 Where a party needs to supplement the relevant evidentiary materials after filing a petition or appeal or submitting an answer, it shall be stated in the petition or appeal or the answer, and all the supplements shall be submitted at one time within three months of submission of the petition or appeal or the answer; and a failure to state the need in the petition or appeal or the answer or a failure to submit supplements within the prescribed time limit shall be deemed a waiver of supplementing evidentiary materials. However, if submitted after the expiry of the prescribed time limit, evidence which comes into existence after expiry of the prescribed time limit or which the party fails to submit within the prescribed time limit for good reasons may be admissible after the evidence is delivered by the Board to the opposite party and is cross-examined.
The Board shall serve a copy of the evidentiary materials submitted by a party within the statutory time limit upon the opposite party, if any. Within 30 days of receipt of a copy of evidentiary materials, a party shall conduct cross-examination.

Article 24 A party shall classify and number the evidentiary materials to be submitted by it, make a checklist thereof, briefly state the source of each material and the specific facts to be proved, and affix its signature and seal thereto.
After receipt of the evidentiary materials submitted by a party, the Board shall check them against the checklist, and the handling personnel shall sign the receipt and mark the date of submission.

Article 25 Where there is any change in its name, correspondence address or other information, a party shall, in a timely manner, notify the Board, and provide the supporting documents as needed.

Article 26 Where, in a trademark trial or appeal proceeding, the trademark of a party is assigned or transferred, the assignee or successor shall, in a timely manner, declare in writing to succeed to the status of the party, participate in the subsequent trial or appeal proceeding, and assume the corresponding consequences of trial and appeal.
If no written declaration is made, and it does not affect the trial or review of the case, the Board may make a decision or ruling by listing the assignee or successor as a party.

Chapter III Trial and Review

Article 27 The Board shall apply a collegial system to trademark trial and appeal. A case under any of the following circumstances may be tried or reviewed by a sole Board judge:

(1) The case merely involves a conflict with any prior right as mentioned in Article 30 or 31 of the Trademark Law, and the conflict has been eliminated at the time of trial or review.

(2) The right to exclusively use the trademark to be cancelled or declared invalid has been lost.

(3) The case shall be closed under Article 32 of these Rules.

(4) The case may be otherwise tried or reviewed by a sole Board judge.

Article 28 Where a party or an interested person requests the disqualification of a Board judge under Article 7 of the Implementation Regulation or Article 7 of these Rules, the Board judge shall be suspended from participating in the trial or review of the case before the Board makes a decision on whether he or she is disqualified.
Where the Board receives a disqualification request from a party or an interested person after making a decision or ruling, the effectiveness of the decision or ruling shall not be affected. However, if the alleged Board judge should have been disqualified, the Board shall handle it according to the law.

Article 29 The Board shall try and review cases in accordance with Articles 52 through 56 of the Implementation Regulation.

Article 30 Where the original opponent files a petition with the Board for declaration of invalidity of a trademark granted registration in an appellate proceeding against a refusal to registration, the Board shall form another collegial panel to try the case.

Article 31 The Board may decide to suspend a trademark trial or appeal proceeding if it depends on the results of a prior right case under paragraph 4 of Article 35 or paragraph 3 of Article 45 of the Trademark Law or subparagraph (5) of Article 11 of the Implementation Regulation.

Article 32 Under any of the following circumstances, the Board shall terminate a trial or appeal proceeding, and close the case:

(1) The claimant is deceased or terminated, and there is no successor or the successor waives its right to the trial or appeal.

(2) The claimant has withdrawn its petition or appeal.

(3) The case may be closed as the parties have reached a settlement agreement on their own initiative or through mediation.

(4) The trial or appeal proceeding shall be otherwise terminated.
The Board shall issue a written notice of closing the case to the relevant parties, with the reasons explained.

Article 33 The process of a trial or review of a case by a collegial panel shall be transcribed, and the transcripts shall be signed by all members of the collegial panel. The opinion of a dissenting member of the collegial panel, if any, shall be truthfully recorded in the transcripts.
For a case closed after trial or review, the Board shall make a decision or ruling according to the law.

Article 34 A decision or ruling made by the Board shall contain:

(1) the claims, disputed facts, grounds, and evidence of the parties;

(2) the facts found in the decision or ruling, the grounds, and the applied legal basis;

(3) the conclusion of the decision or ruling;

(4) the subsequent proceedings available for a party and the time limit; and

(5) the date of the decision or ruling.
The decision or ruling shall be signed by all the members of the collegial panel, and the seal of the Board shall be affixed thereto.

Article 35 Where a party institutes an action in a people's court against a decision or ruling of the Board, the party shall, when submitting a complaint to the people's court or at the latest, within 15 days thereafter, send a copy of the complaint to the Board or notify in writing the Board of the action.
Except the Board's decision to grant a preliminary approval or to grant registration, if within four months after it issues a decision or ruling, the Board has not received a notice of response to an action from the people's court or a copy of the complaint submitted by a party, the decision or ruling shall be transferred to the Trademark Office for execution.
If the Board has not received a notice of response to an action from the people's court within four months after receiving a copy of the compliant submitted by a party or a written notice of the action from the party, the decision or ruling involved shall be transferred to the Trademark Office for execution.

Article 36 Where, during administrative litigation in a people's court of first instance, the loss of a prior right to the trademark cited in the Board's decision or ruling causes any change in the finding of facts or application of law in the decision or ruling, if the plaintiff withdraws the suit, the Board may withdraw its original decision or ruling, and make a new one based on the new facts.
Where, after a decision or ruling of the Board is served upon the parties, the Board discovers any inessential error such as a clerical error, it may issue a notice of correction to the parties to correct the error.

Article 37 Where a decision or ruling of the Board is cancelled by an effective judgment of a people's court, the Board shall form a new collegial panel to try or review the case in a timely manner, and make a decision or ruling after the new trial or review.
In the new trial or review proceeding, the Board shall not try or review any new claim or legal basis presented by a party; but may admit evidence added by a party if the added evidence suffices to affect the result of the case. If there is an opposite party, the added evidence shall be served upon the opposite party for cross-examination.

Chapter IV Rules of Evidence

Article 38 A party shall provide evidence to prove the facts on which its claims are based or the facts on which its refutation to the opposite party's claims is based.
Evidence includes but is not limited to documentary evidence, physical evidence, audio and visual materials, electronic data, witness testimonies, expert opinions, and statements of the parties.
If there is no evidence or the evidence is insufficient to prove the facts claimed by a party, the party with the burden of proof shall assume the adverse consequences.
If one party expressly acknowledges the facts stated by the other party in the case, the latter need not produce evidence, unless the Board deems it necessary to produce evidence.
Where a party is represented in a trial or appeal proceeding, the representative's acknowledgement shall be deemed that of the party, unless the representative's acknowledgement without special authorization directly leads to the acknowledgement of the opposite party's claims; and if the party is present but does not deny its representative's acknowledgement, it shall be deemed the party's acknowledgement.

Article 39 The following facts need not be proved by a party:

(1) Facts known to all.

(2) The law of nature and theorem.

(3) Facts that may be inferred from laws, known facts, and experience gained in daily life.

(4) Facts already determined in an effective adjudication of a people's court.

(5) Facts already determined in an effective award of an arbitral institution.

(6) Facts already proved by a valid notarial instrument.
The facts mentioned in subparagraphs (1), (3), (4), (5) and (6) that may be overthrown by contrary evidence shall be excluded.

Article 40 A party shall submit the originals of documentary evidence to the Board, including original copies, official copies, and counterparts. If it is difficult to provide the originals, a party may provide photocopies, pictures, or extracts; and if a party provides duplicates, photo prints, or transcripts of the original documentary evidence preserved by the relevant departments, their sources shall be indicated, and the seals of the departments shall be affixed thereto if no inconsistencies are found upon verification.
A party shall provide the original physical evidence to the Board. If it is difficult to provide the originals, a party may provide duplicates or the pictures, videos, and other evidence to prove the physical evidence; and if the originals are fungibles in large quantities, a party may only provide a portion thereof.
Where one party casts any doubt on any of the duplicates, pictures, and videos of the documentary or physical evidence provided by the opposite party and has corresponding evidence to support the doubt, or as the Board deems necessary, the opposite party shall provide or produce the originals or notarized copies of the relevant evidence.

Article 41 Where the evidence provided by a party to the Board was formed outside the territory of the People's Republic of China or was formed in Hong Kong, Macao or Taiwan region, if the opposite party casts any doubt on the authenticity of the evidence and has corresponding evidence to support the doubt, or as the Board deems necessary, the evidence shall be notarized and authenticated in accordance with the applicable provisions.

Article 42 Where a party provides the Board with any documentary evidence or explanatory material in a foreign language, a Chinese translation shall be attached thereto. Otherwise, the evidence in a foreign language shall be deemed never submitted.
If the opposite party raises an objection to any specific content of a translation, it shall submit a Chinese translation of the part in question. If necessary, an entity recognized by both parties may be authorized to translate the full text, the part used, or the part in question.
If both parties fail to reach an agreement on the aforesaid translation authorization, the Board may designate a professional translation entity to translate the full text, the part used, or the part in question. The expenses needed for translation shall be equally assumed by both parties; and one party's refusal to pay for translation shall be deemed its acknowledgement of the translation submitted by the other party.

Article 43 The existence and degree of probative force of a single piece of evidence shall be examined and determined from the following aspects:

(1) Whether the evidence is the original and whether a photocopy or duplicate is consistent with the original.

(2) Whether the evidence is relevant to the facts of the case.

(3) Whether the form and source of the evidence are in compliance with laws.

(4) Whether the contents of the evidence are true.

(5) Whether the witness or the person providing the evidence is an interested party as to a party.

Article 44 The Board judges shall comprehensively examine and determine all the evidence of a case from the aspects such as the degree of relevance of each piece of evidence to the facts of the case and the connections of evidence.
If there is an opposite party, evidence without exchange for cross-examination shall not be admitted.

Article 45 The following evidence may not serve as the sole basis for finding the facts of a case:

(1) The testimony of a minor that does not match his or her age and intelligence.

(2) The testimony favorable to one party provided by a witness who is a related, subordinated, or otherwise closely connected to the party or the testimony unfavorable to one party provided by a witness who has an adverse relationship with the party.

(3) The statements of a witness who fails to testify at an oral hearing as legally required without good reasons.

(4) Audio and visual materials the alteration of which is difficult to identify.

(5) A duplicate or replica which cannot be checked with the original.

(6) Evidentiary materials altered by one party or others, which the opposite party refuses to recognize.

(7) Other evidentiary materials that may not serve as the sole basis for finding the facts of a case.

Article 46 Where the opposite party raises an objection to but provides insufficient contrary evidence to refute any of the following evidence provided by one party, the Board shall confirm the probative force of the evidence:

(1) The original documentary evidence or a photocopy, picture, counterpart or extract which is certified as consistent with the original.

(2) The original physical evidence or a duplicate, picture, or video which is certified as consistent with the original.

(3) Audio and visual materials corroborated by other evidence, legally obtained and without any suspicious point or a duplicate which is certified as consistent with the audio and visual materials.

Article 47 The probative force of an identification conclusion of an identification department authorized by one party shall be confirmed if the other party provides insufficient contrary evidence and grounds to refute the conclusion.

Article 48 The Board may confirm the probative force of evidence provided by one party if the other party recognizes it or provides insufficient contrary evidence to refute it.
Where the other party raises an objection to the evidence provided by one party and provides rebuttal evidence, the probative force of the rebuttal evidence may be confirmed if the rebuttal evidence is recognized by the opposite party.

Article 49 Where both parties respectively provide conflicting evidence on one fact, and neither of them has a sufficient basis to refute the evidence provided by the other, the Board shall, in consideration of the circumstances of the case, determine whether the probative force of the evidence provided by one party is evidently greater than that of the other party, and confirm the evidence with a greater probative force.
Where it is difficult to find the disputed facts due to the impossibility of determination of the probative force of the relevant evidence, the Board shall determine according to the principle of distribution of the burden of proof.

Article 50 In the trial and appeal proceedings, if one party acknowledges any facts unfavorable to it and recognizes any evidence in its written petition or appeal, answer, or statement or in its representative's statement, the Board shall confirm the facts and evidence, unless the party regrets and has sufficient contrary evidence to overthrow the facts and evidence.

Article 51 The Board may determine the probative forces of several pieces of evidence on one fact according to the following principles:

(1) The official documents prepared by state authorities and other functional departments according to their powers prevail over other documentary evidence.

(2) The identification conclusions, archival materials, and notarized or registered documentary evidence prevail over other documentary evidence, audio and visual materials, and witness testimonies.

(3) Originals prevail over duplicates or replicas.

(4) The identification conclusions of statutory identification departments prevail over those of other identification departments.

(5) Original evidence prevails over hearsay evidence.

(6) The testimonies of other witnesses prevail over the testimony favorable to one party provided by a witness who is related or otherwise closely connected to the party.

(7) The witness testimonies provided at an oral hearing prevail over the statements of witnesses who are not present at the oral hearing.

(8) The evidence of different kinds but with consistent contents prevails over an isolated piece of evidence.

Chapter V Periods and Service of Process

Article 52 Periods include statutory periods and periods specified by the Board. Periods shall be counted under Article 12 of the Implementation Regulation.

Article 53 The date of submission of documents or materials by a party to the Board shall be the date of delivery if they are directly delivered by the party; shall be the sending postmark date if they are submitted by post; or shall be the date of actual receipt by the Board if the postmark date is unclear or there is no postmark, unless the party is able to provide evidence on the actual postmark date. If they are delivered through an express delivery enterprise other than a postal enterprise, the date of submission shall be the date of consignment to the express delivery enterprise; or shall be the date of actual receipt by the Board if the date of consignment is unclear, unless the party is able to provide evidence on the actual date of consignment. If they are submitted in the form of data message, the date of submission shall be the day when they enter the electronic system of the Board.
To post documents to the Board, a party shall use receipt mail.
The trademark application number or registration number and the claimant's name shall be stated in the documents submitted by a party to the Board. The contents of the documents submitted shall be the those of the archival records of the Board if they are submitted in writing; or shall be those recorded in the database of the Board if they are submitted in the form of data message, unless the party has evidence to prove that the archival records or database records of the Board are erroneous.

Article 54 The various documents of the Board may be served upon a party by post or direct delivery, in the form of data message, or by any other means; but the consent of the party shall be obtained if the data message form is adopted. If a party has authorized a trademark agency for this purpose, the documents shall be deemed served upon the party once they are served upon the trademark agency.
The date of service of the various documents of the Board upon a party shall be the postmark date of receipt by the party if they are served by post, but if the postmark date is unclear or there is no postmark, they shall be deemed to have been served upon the party 15 days after they are posted, unless the party is able to prove the actual date of receipt; and if they are directly delivered by the party, the date of delivery shall be the date of service. If the documents are served in the form of data message, they shall be deemed to have been served upon the party 15 days after they are sent. If it is impossible to serve the documents in the aforesaid methods, they may be served by publication, and the documents shall be deemed to have been served upon the party 30 days after they are published.
Where the Board serves documents upon a party by publication after such documents are returned for failed service by post, the subsequent documents shall all be served by publication, unless the party has expressly notified the Board of its correspondence address after service by publication.

Article 55 Under paragraph 3 of Article 5 of the Implementation Regulation, where the respondent or original opponent in a trademark trial or appeal case is a foreign national or a foreign enterprise without a habitual residence or place of business within China, the domestic recipient specified in the registration application form for the trademark tried or reviewed shall be responsible for receiving the legal documents related to the trademark trial or appeal proceeding; and the relevant legal documents shall be deemed to have been served upon the party once they are served upon the domestic recipient by the Board.
Where the domestic recipient cannot be determined according to provision of the preceding paragraph, the trademark agency in the original trial proceeding of the Trademark Office or the last trademark agency applying for transaction of business related to the trademark shall undertake the obligation to sign for and relay the relevant legal documents involved in the trademark trial or appeal proceeding; and the Board shall serve the relevant legal documents upon the trademark agency. If the trademark agent relationship between the trademark agency and the foreign client has been dissolved before the relevant legal documents are served, the trademark agency shall provide a relevant explanation to the Board in writing, and within ten days of receipt of the relevant legal documents, return them to the Board, which shall serve the documents again in other methods.
For the relevant documents transmitted by the International Bureau in the international registration of trademarks under the Madrid system, evidence on the service of such documents shall be submitted. Otherwise, reasons shall be explained in writing, and the documents shall be deemed to have been served 15 days after they are transmitted by the International Bureau.
Documents that cannot be served by the aforesaid methods shall be served by publication.

Chapter VI Supplemental Provisions

Article 56 Disciplinary action shall be taken according to the law against the trademark trial and appeal staff members of a state authority who neglect duties, abuse powers, practice favoritism, make falsification, illegally transact any business related to trademark trial and appeal, accept any money or property from the parties, or seek any illicit benefits.

Article 57 Where a party files an appeal with the Board before May 1, 2014, from a decision of the Trademark Office to dismiss its trademark registration application, and the Board reviews the case on or after May 1, 2014, the case shall be governed by the Trademark Law as amended.
Where a party files an appeal with the Board before May 1, 2014, from a decision of the Trademark Office on an opposition, and the Board reviews the case on or after May 1, 2014, the party's eligibility to file the opposition or appeal shall be governed by the Trademark Law before amendment, while other procedural and substantive issues shall be governed by the Trademark Law as amended.
Where, for a registered trademark, a party files a dispute or a cancellation appeal with the Board before May 1, 2014, and the Board tries or reviews the case on or after May 1, 2014, the relevant procedural issues shall be governed by the Trademark Law as amended, while the substantive issues shall be governed by the Trademark Law before amendment.
For a trademark trial or appeal case filed by a party with the Board before May 1, 2014, the time limit for trial or review shall commence on May 1, 2014.

Article 58 The formats of instruments for transaction of business related to trademark trial and appeal shall be determined and published by the Board.

Article 59 These Rules shall be subject to interpretation by the State Administration for Industry and Commerce.

Article 60 These Rules shall come into force on June 1, 2014.