In accordance with the relevant provisions of the trademark review and regulations on the implementation of the Trademark Law and the Trademark Review and Adjudication Rules, the State Administration of Industry and Commerce promulgated the Measures for Oral Hearing the Trademark Review Cases on May 4, 2017, and the Measures came into force on the same day.
The main provisions of the Measures provided that upon receiving the request for oral hearing over the case submitted by the party in dispute or if it is found to be necessary for hearing the case, the Trademark Review and Adjudication Board (“TRAB”) may decide to orally hear the case. When the oral hearing is scheduled, the TRAB will inform the parties involved in writing the date, time, place and the collegial panel members for such oral hearing and will notice the parties their right and obligation during the oral hearing.
During the oral hearing, the member of the collegial panel will introduce the main fact and dispute of the case, then the applicant will state the request and the respondent will make defense. All the parties in dispute will have to present all the evidence and complete the cross-examination during the oral hearing. If necessary, witness may be invited to the hearing as well for being inquired by counter party or the collegial penal of TRAB.
Since 2014, the Trademark Review and Adjudication Rules allow the oral hearing to be used in reviewing the trademark cases. However, specific measure did not came up in time until now. The promulgation and enforcement of the Measures make up for the loophole in the regulations and make the oral hear feasible in practice. It will facilitate the parties concerned in dispute settlement regarding trademark cases.