As of May 4, 2017, oral hearings in trademark review cases are available at the discretion of the Trademark Review and Adjudication Board (“TRAB”), pursuant to measures issued by the State Administration for Industry and Commerce of China.
The hearings are supplementary to the usual written submissions. The TRAB may decide to hold a hearing of its own accord or at the request of the parties. The deadline for filing the application for an oral hearing is thirty days after the applicant receives a copy of the opponent’s defensive arguments, or at the same time that the opponent files defensive materials or supplemental evidence.
The oral hearings are intended to focus on the cross-examination of evidence and debate. Parties attending the hearing are given the opportunity to review the other side’s evidence and make arguments regarding its authenticity, relevancy, legitimacy, and strength. They may also bring witnesses to the hearing with the TRAB’s approval.