TRAB Solicits Public Commentary on Draft Measures for Oral Hearings in Trademark Review and Adjudication Cases
According to news published on January 22nd, 2017 by TRAB (the Trademark Review and Adjudication Board) of the SAIC (State Administration for Industry and Commerce), the SAIC organized the drafting of the Measures for Oral Hearings in Trademark Review and Adjudication Cases (Draft for Comments) in accordance with the P.R.C. Trademark Law, the Implementing Regulations for the P.R.C. Trademark Law and the Rules on Trademark Review and Adjudication. The purpose was to uncover relevant facts in trademark review and adjudication cases. The SAIC published the draft version for public commentary, and the deadline for submission of comments was February 4th, 2017.
According to the Draft for Comments, TRAB may conduct an oral hearing for a trademark review and adjudication case based on a request from a party/parties or the needs of a specific case. If a party to the case challenges the evidence and believes it necessary to conduct an evidentiary cross examination, it can submit a written request to TRAB for an oral hearing, together with a statement of reasons. TRAB will then schedule an oral hearing if it finds one necessary. If a party submits a request for an oral hearing and the written materials available in the current case are sufficient to determine the relevant case facts, TRAB can deny the request for an oral hearing by issuing an explanation for its denial in its trademark review and adjudication decision or ruling.
Abstracted from the official website of the Trademark Review and Adjudication Board