(Promulgated by Decree No.358 of the State Council of the
People's Republic of China on August 3, 2002, and effective as of
September 15, 2002)
Chapter I General Provisions
Article 1 These Regulations are formulated in
accordance with the Trademark Law of the People's Republic of China
(hereinafter referred to as the Trademark Law).
Article 2 Provisions regarding the goods
trademarks in these Regulations shall apply to service marks.
Article 3 The use of a trademark, as referred
to in the Trademark Law and these Regulations, shall include the
use of the trademark on goods, packages or containers of the goods
or in trading documents, and the use of the trademark in
advertising, exhibition or any other business activities.
Article 4 Goods on which the State requires the
use of a registered trademark, as mentioned in Article 6 of the
Trademark Law, refer to those on which a registered trademark must
be used as required by laws or administrative regulations.
Article 5 Where a dispute arises in the
procedures of trademark registration or trademark review and
adjudication and the party concerned believes that its trademark
constitutes a well-known trademark, it may, in accordance with the
provisions of the Trademark Law and these Regulations, request the
Trademark Office or the Trademark Review and Adjudication Board to
determine whether its trademark constitutes a well-known trademark
or not and to refuse the application for trademark registration
which is in violation of the provisions of Article 13 of the
Trademark Law or to cancel the trademark registration which is in
violation of the provisions of Article 13 of the Trademark Law.
When an application for this purpose is filed, the party concerned
shall submit evidence to prove that its trademark constitutes a
well-known trademark.
At the request of the party, the Trademark Office or the
Trademark Review and Adjudication Board shall, on the basis of
ascertaining the facts, determine whether its trademark is a
well-known one or not in accordance with the provisions of Article
14 of the Trademark Law.
Article 6 For geographical indications referred
to in Article 16 of the Trademark Law, applications may be filed to
register them as certification marks or collective marks under the
provisions of the Trademark Law and these Regulations.
Where a geographical indication is registered as a certification
mark, any natural person, legal person or other organization whose
goods satisfy the conditions under which the geographical
indication is used may request the use of the certification mark,
and the organization in control of such certification mark shall
permit the use. Where a geographical indication is registered as a
collective mark, any natural person, legal person or other
organization whose goods satisfy the conditions under which the
geographical indication is used may request the membership of the
society, association or any other organization that has the
geographical indication registered as a collective mark, and the
society, association or any other organization shall accept the
membership in accordance with its articles of association; those
who do not request the membership of the society, association or
any other organization that has the geographical indication
registered as a collective mark may legitimately use the
geographical indication, and the society, association or any other
organization is not entitled to prohibit such use.
Article 7 Where a party entrusts a trademark
agency with the application for registration of a trademark or with
the handling of other trademark matters, a Power of Attorney shall
be submitted. The Power of Attorney shall state the contents and
the scope of powers; the Power of Attorney of a foreigner or
foreign enterprise shall also state the nationality of the
principal.
Procedures for notarizing and authenticating the Power of
Attorney and certifying documents relating thereto of a foreigner
or foreign enterprise shall be undertaken based on the principle of
reciprocity.
As mentioned in Article 18 of the Trademark Law, a foreigner or
foreign enterprise refers to a foreigner or foreign enterprise
having no habitual residence or place of business in China.
Article 8 The Chinese language shall be used in
applying for trademark registration or handling other trademark
matters.
Where any certificate, certifying document or evidence submitted
in accordance with the provisions of the Trademark Law and these
Regulations is written in a foreign language, a Chinese translation
shall be attached thereto; if no Chinese translation is attached,
it shall be deemed that the certificate, certifying document or
evidence has never been submitted.
Article 9 In any of
the following situations, a staff member of the Trademark Office or
the Trademark Review and Adjudication Board shall voluntarily
recuse himself, and a party or an interested person may demand his
recusal:
(1) if he is a party, or a close relative of a party or an
agent;
(2) if he has any other relation with a party or an agent that
may affect impartiality; or
(3) if he has an interest with the application for trademark
registration or the handling of other trademark matters.
Article 10 Except as otherwise provided in
these Regulations, the date on which a party submits documents or
papers to the Trademark Office or the Trademark Review and
Adjudication Board shall be the date of delivery if the documents
or papers are submitted in person, or be the mailing date indicated
by the postmark if they are sent by mail, or, if the mailing date
indicated by the postmark is illegible or there is no postmark, be
the date on which all of the papers or documents are received in
the Trademark Office or the Trademark Review and Adjudication
Board, except if the party can provide evidence of the exact date
indicated by the postmark.
Article 11 The documents of the Trademark
Office or the Trademark Review and Adjudication Board may be sent
to a party by mail, in person or by other means. Where the party
entrusts a trademark agency, the documents shall be considered
served on the party once they are delivered to the trademark
agency.
The date of service of any document on a party by the Trademark
Office or the Trademark Review and Adjudication Board shall, if the
document is sent by mail, be the receiving date indicated by the
postmark on which the document is received; if the receiving date
indicated by the postmark is illegible or there is no postmark, the
document shall be considered served on the party 15 days after the
date on which the document is sent. If the document is delivered in
person, the date of service shall be the date on which the document
is delivered. If the document cannot be sent by mail or delivered
in person, it may be served on the party by means of public notice,
and the service of the document shall be considered completed 30
days after the date on which the public notice is issued.
Article 12 Applications for international
registration of trademarks shall be dealt with in accordance with
the relevant international treaties to which China has acceded. The
specific measures therefor shall be formulated by the authority of
administration for industry and commerce under the State
Council.
Chapter II Application for Trademark
Registration
Article 13 Anyone who applies for registration
of a trademark shall file an application based on the categories in
the published Classification of Goods and Services. For each
application for registration of a trademark, the applicant shall
submit to the Trademark Office one copy of the Application for
Trademark Registration and five copies of reproductions of the
trademark; if color or colors is or are designated, five copies of
colored reproductions of the trademark and one copy of the black
and white design shall be submitted.
The reproductions of a trademark must be clear, easy to be
pasted up, printed on smooth and clear durable paper or use
photographs as a substitute, and the length and breadth of which
shall be not more than ten centimeters and not less than five
centimeters each.
If applying for the registration of a three-dimensional sign as
a trademark, the applicant shall make a statement in the
application, and submit a reproduction thereof by which the
three-dimensional shape can be determined.
If applying for the registration of the combination of colors as
a trademark, the applicant shall make a statement in the
application, and submit the descriptions thereof.
If applying for the registration of a collective mark or a
certification mark, the applicant shall make a statement in the
application, and submit the documents certifying the qualifications
of the subjects and the rules on the administration of the use of
the mark.
Where a trademark is, or consists of, foreign words, their
Chinese meanings shall be indicated.
Article 14 When applying for the registration
of a trademark, the applicant shall submit a duplicated copy of the
valid credentials that can certify its identity. The name in which
the applicant has filed the application for trademark registration
shall be consistent with that shown in the credentials
submitted.
Article 15 The goods or services shall be
listed as specified in the Classification of Goods and Services;
where any goods or services are not included in the Classification
of Goods and Services, a description of the goods or services in
question shall be attached to the application.
Applications for trademark registration and other related
documents shall be typewritten or printed.
Article 16 Where an application is jointly
filed for the registration of a trademark, a representative shall
be designated in the application; if no representative is
designated, the first person in order in the application shall be
the representative.
Article 17 Where an applicant modifies its
name, address, agent, or deletes the goods designated, it may go
through the formalities of modification with the Trademark
Office.
Where an applicant assigns an application for trademark
registration, it shall go through the formalities of assignment
with the Trademark Office.
Article 18 The filing date of an application
for trademark registration shall be the date on which the
application documents are received by the Trademark Office. Where
the application formalities are complete and the application
documents are filled in as required, the Trademark Office shall
accept the application and notify the applicant in writing. Where
the application formalities are not complete and the application
documents are not filled in as required, the Trademark Office shall
not accept the application and shall notify the applicant in
writing and give the reasons therefor.
Where the application formalities are basically complete or the
application documents are basically in compliance with the
provisions, but there is a need for supplements or amendments, the
Trademark Office shall notify the applicant to make supplements or
amendments, requesting it to make supplements or amendments to the
specified parts and deliver them back to the Trademark Office
within 30 days from the date of receipt of the notification. Where
the supplements or amendments are made and delivered back to the
Trademark Office within the specified time limit, the filing date
shall be retained; where no supplements or amendments are made at
the expiration of the specified time limit, the application shall
be considered abandoned and the Trademark Office shall notify the
applicant in writing.
Article 19 Where two or more applicants apply
respectively on the same day for the registration of identical or
similar trademarks in respect of the same or similar goods, both or
all of the applicants shall, within 30 days from the date of
receipt of the notification of the Trademark Office, submit the
evidence of prior use of such trademarks before applying for
registration. Where the use started on the same day or none is yet
in use, both or all of the applicants may, within 30 days from the
date of receipt of the notification of the Trademark Office,
conduct consultations on their own and submit a written agreement
to the Trademark Office; if they are not willing to conduct
consultations or they fail to reach an agreement through
consultations, the Trademark Office shall notify both or all of the
applicants to determine one of them by drawing lots and refuse the
applications for registration filed by others. Where an applicant
has been notified by the Trademark Office but fails to participate
in the drawing of lots, the application filed by such an applicant
shall be considered abandoned, and the Trademark Office shall
notify the applicant in writing who does not participate in the
drawing of lots.
Article 20 Where a priority is claimed in
accordance with the provisions of Article 24 of the Trademark Law,
the copies of the application documents submitted by the applicant
for the first time for registering the trademark in question shall
be certified by the competent trademark authority which accepts the
said application, and the filing date and serial number of the
application shall be indicated.
Where a priority is claimed in accordance with the provisions of
Article 25 of the Trademark Law, the certifying documents submitted
by the applicant shall be authenticated by the institution
specified by the authority of administration for industry and
commerce under the State Council, except that the international
exhibition on which the applicant's goods are displayed is held
within Chinese territory.
Chapter III Examination of Applications for Trademark
Registration
Article 21 The Trademark Office shall, in
accordance with the relevant provisions of the Trademark Law and
these Regulations, examine the applications for trademark
registration it has accepted, granting preliminary approval to
those that are in compliance with the provisions and to the
applications for the registration of trademarks used on some of the
designated goods that are in compliance with the provisions, and
publishing them; the application that is not in compliance with the
provisions and the application for the registration of a trademark
used on some of the designated goods that is not in compliance with
the provisions shall be refused, the applicant shall be notified in
writing and the reasons therefor shall be given.
Where the Trademark Office grants preliminary approval to an
application for the registration of a trademark used on some of the
designated goods, the applicant may, before the date on which the
opposition period expires, apply to abandon the application for the
registration of the trademark used on some of the designated goods;
where the applicant abandons the application for the registration
of a trademark used on some of the designated goods, the Trademark
Office shall withdraw the previous preliminary approval, terminate
the examination proceedings and republish it.
Article 22 Where an opposition is filed against
a trademark which has been preliminarily approved and published by
the Trademark Office, the opponent shall submit in duplicate an
Application for Trademark Opposition to the Trademark Office. The
Application for Trademark Opposition shall specify both the issue
number of the Trademark Gazette in which the opposed trademark is
published and the number of the preliminary approval. The
Application for Trademark Opposition shall state the requests and
grounds in plain terms, and the relevant evidence shall be attached
thereto.
The Trademark Office shall promptly send a copy of the
Application for Trademark Opposition to the opposed party, who
shall be requested to make a response within 30 days from the date
of receipt of the copy of the Application for Trademark Opposition.
If the opposed party fails to make a response, it shall not affect
the Trademark Office's ruling of the opposition.
Where a party needs to supplement related evidence after filing
an application of opposition or making a response, it shall make a
statement for this purpose in the application or in the response
made in writing, and submit the said evidence within three months
from the date on which the application is filed or the response is
made in writing; if no evidence is submitted at the expiry of the
time limit, the party shall be considered given up the
supplementing of related evidence.
Article 23 A justified
opposition referred to in the second paragraph of Article 34 of the
Trademark Law shall include the opposition that is justified for
some of the designated goods. If an opposition is justified for
some of the designated goods, the application for the registration
of the trademark on this part of the designated goods shall not be
approved.
Where an opposed trademark is already published as a registered
trademark prior to the entry into force of the ruling on the
opposition, the publishing of the registration shall be canceled,
and the trademark the registration of which has been approved upon
the ruling of the opposition shall be republished.
Where the registration of a trademark has been approved upon the
ruling of an opposition, from the date of expiration of the
opposition period to the date of entry into force of the ruling on
the opposition, it shall have no retroactive effect on the use by
another party of the marks that are identical or similar to the
said trademark on the same or similar goods. However, the user
shall make compensation for any loss suffered by the trademark
registrant as a result of the user's bad faith.
Where the registration of a trademark has been approved upon the
ruling of an opposition, the period for filing an application for
review and adjudication thereof shall be counted from the date on
which the ruling on the opposition to the said trademark is
published.
Chapter IV Modification, Assignment and Renewal of
Registered Trademarks
Article 24 Where the name or address of a
trademark registrant or any other registration matter is to be
modified, the applicant shall submit an application for
modification to the Trademark Office. The Trademark Office shall,
upon approval, issue a corresponding certification to the trademark
registrant and publish the modification; if no approval is granted,
the applicant shall be notified in writing and the reasons therefor
shall be given.
Where the name of a trademark registrant is to be modified, the
modification certification issued by the relevant registration
authorities shall be also submitted. If the modification
certification is not submitted, it may be submitted within 30 days
from the date on which the application is filed; if it is not
submitted at the expiry of the time limit, the application for
modification shall be considered abandoned and the Trademark Office
shall notify the applicant in writing.
Where the name or address of a trademark registrant is to be
modified, the trademark registrant shall make the modification in
respect of all its registered trademarks in a lump; if they are not
so modified, the application for modification shall be considered
abandoned and the Trademark Office shall notify the applicant in
writing.
Article 25 When a registered trademark is to be
assigned, both the assignor and assignee shall jointly send an
application for assignment of the registered trademark to the
Trademark Office. The assignee shall go through the formalities for
the application for assignment of the registered trademark. The
Trademark Office shall, upon approval of the application for
assignment of the registered trademark, issue the assignee a
corresponding certification and publish the assignment.
Where a registered trademark is to be assigned, the trademark
registrant shall assign in a lump all of its trademarks that are
identical or similar to each other in respect of the same or
similar goods; if they are not so assigned, the Trademark Office
shall notify it to rectify the situation within a specified time
limit; if it fails to rectify it at the expiry of the said time
limit, the application for assignment of the registered trademark
shall be considered abandoned, and the Trademark Office shall
notify the applicant in writing.
With respect to applications for the assignment of registered
trademarks, which may produce misleading, confusing or other
adverse effects, the Trademark Office shall refuse them, and shall
notify the applicants in writing and give the reasons therefor.
Article 26 Where the exclusive right to use a
registered trademark is transferred due to the reasons other than
assignment, the party who accepts the transfer of the exclusive
right to use the registered trademark shall, by producing the
relevant evidential documents or legal instruments, go through the
formalities of the transfer of the exclusive right to use the
registered trademark with the Trademark Office.
Where the exclusive right to use a registered trademark is
transferred, the right holder shall assign in a lump all of its
trademarks that are identical or similar to each other in respect
of the same or similar goods; if they are not so transferred, the
Trademark Office shall notify it to rectify the situation within a
specified time limit; if it fails to rectify it at the expiry of
the said time limit, the application for transfer of the registered
trademark shall be considered abandoned, and the Trademark Office
shall notify the applicant in writing.
Article 27 Where the registration of a
registered trademark needs to be renewed, an application for
renewal of registration of the trademark shall be submitted to the
Trademark Office. The Trademark Office shall, upon approval of the
application for renewal of registration of the trademark, issue a
corresponding certification and publish the renewal.
The period of validity of a renewed trademark registration shall
be calculated from the day following the expiration of the previous
period of validity of such a trademark.
Chapter V Review and Adjudication of
Trademarks
Article 28 The Trademark Review and
Adjudication Board shall accept applications for trademark review
and adjudication filed under Articles 32, 33, 41 and 49 of the
Trademark Law. The Trademark Review and Adjudication Board shall,
on the basis of facts, conduct review and adjudication according to
law.
Article 29 As referred to in the third
paragraph of Article 41 of the Trademark Law, "a dispute against a
registered trademark" means that a prior trademark registrant
believes that a trademark registered later by another party is
identical or similar to its registered trademark in respect of the
same or similar goods.
Article 30 When applying for trademark review
and adjudication, an application shall be submitted to the
Trademark Review and Adjudication Board, accompanied with the
copies corresponding to the number of the other party. If an
application for review and adjudication is filed on the basis of
the decision or the ruling made by the Trademark Office, the copies
of such decision or ruling shall also be filed.
Upon receiving the application, the Trademark Review and
Adjudication Board shall, upon examination, accept it if the
requirements for acceptance are satisfied; if the requirements for
acceptance are not satisfied, it shall not accept the application,
and shall notify the applicant in writing and give the reasons
therefor. If the application needs to be supplemented or corrected,
the applicant shall be notified to make supplements or corrections
within 30 days from the date of receipt of the notification. If,
after being supplemented or corrected, the application still does
not conform to the provisions, the Trademark Review and
Adjudication Board shall refuse it, and notify the applicant in
writing and give the reasons therefor; if no supplements or
corrections are made at the expiry of the specified time limit, the
application shall be considered withdrawn and the Trademark Review
and Adjudication Board shall notify the applicant in writing.
If the Trademark Review and Adjudication Board finds that an
application does not satisfy the requirements for acceptance after
it has accepted the application, it shall refuse the application,
notify the applicant in writing and give the reasons therefor.
Article 31 The Trademark Review and
Adjudication Board shall, upon the acceptance of the application
for trademark review and adjudication, send in time the copy of the
application to the other party, who shall be required to make a
response within 30 days from the date of receipt of such copy. If
no response is made at the expiry of the time limit, it shall not
affect the review and adjudication of the Trademark Review and
Adjudication Board.
Article 32 Where a party needs to supplement
related evidence after filing an application for review and
adjudication or making a response, a statement for this purpose
shall be made in the application or in the response, and the said
evidence shall be submitted within three months from the date on
which the application is filed or the response is made; if no
evidence is submitted at the expiry of the time limit, the party
shall be considered given up the supplementing of related
evidence.
Article 33 The Trademark Review and
Adjudication Board may, at the request of a party or on the basis
of the practical needs, decide to review and adjudicate an
application for review and adjudication in public session.
Where the Trademark Review and Adjudication Board decides to
review and adjudicate the application for review and adjudication
in public session, it shall notify in writing the parties 15 days
before the public review and adjudication, informing them of the
date, venue and persons conducting the public review and
adjudication. The parties shall make a response within the time
limit specified in the written notice.
Where the applicant does not make a response nor appear at the
public review and adjudication, its application for review and
adjudication shall be considered withdrawn, and the Trademark
Review and Adjudication Board shall notify the applicant in
writing. If the other party does not make a response nor appear at
the public review and adjudication, the Trademark Review and
Adjudication Board may conduct the review and adjudication by
default.
Article 34 Where an applicant requests to
withdraw its application before the Trademark Review and
Adjudication Board makes a decision or ruling, it may withdraw its
application after making an explanation of the reasons therefor in
writing to the Trademark Review and Adjudication Board; where an
application is withdrawn, the review and adjudication proceedings
shall be terminated.
Article 35 Where an application for trademark
review and adjudication has been withdrawn, the applicant shall not
file another application for review and adjudication on the basis
of the same facts and grounds. Where the Trademark Review and
Adjudication Board has already made a decision or ruling on an
application for trademark review and adjudication, no one shall
file another application for review and adjudication on the basis
of the same facts and grounds.
Article 36 Where a registered trademark is
canceled pursuant to Article 41 of the Trademark Law, the exclusive
right to use the said trademark shall be deemed as not existing
from the very beginning. A decision or ruling on canceling a
registered trademark shall have no retroactive effect on any
judgment or order on any trademark infringement case made and
already enforced by the people's court before the cancellation, nor
on any decision on any trademark infringement case made and already
enforced by the authority of administration for industry and
commerce before the cancellation, and nor on any trademark
assignment contract or trademark license contract already performed
before the cancellation. However, the trademark registrant shall
compensate any loss caused to another person due to its bad
faith.
Chapter VI Administration of the Use of
Trademarks
Article 37 Where a registered trademark is
used, the characters "注冊商標(biāo)"or a registration mark may be indicated
on goods, packages of goods, descriptions of goods or other
ancillary items.
The registration mark includes 注and R, which，in the use of such
registration mark, shall be placed on the upper or lower right-hand
corner.
Article 38 Where a Certificate of Trademark
Registration is lost or damaged, an application for reissuance
shall be filed with the Trademark Office. Where a Certificate of
Trademark Registration is lost, a loss declaration shall be
published in the Trademark Gazette. The damaged Certificate of
Trademark Registration shall be sent back to the Trademark Office
when the application for reissuance is submitted.
Where a Certificate of Trademark Registration is forged or
altered, criminal liability shall be investigated according to the
provisions of the criminal law on the crime of forging or altering
certificates of State organs or other crimes.
Article 39 With respect to any of the acts
referred to in Article 44 (1), (2) and (3) of the Trademark Law,
the authority of administration for industry and commerce shall
order the trademark registrant to rectify the situation within a
specified time limit; where there is a refusal to rectify, it shall
report to the Trademark Office for the cancellation of the
registered trademark.
With respect to the act referred to in Article 44 (4) of the
Trademark Law, any person may apply to the Trademark Office for the
cancellation of such registered trademark, and state the relevant
circumstances. The Trademark Office shall notify the trademark
registrant to, within two months from the date of receipt of the
notification, provide evidence of use of the trademark prior to the
submission of the application for cancellation, or explain proper
reasons for non-use. If, at the expiry of the time limit, no
evidence of use is provided or the evidence provided is invalid and
there are no proper reasons for non-use, the Trademark Office shall
cancel the registered trademark.
The evidence referred to in the preceding paragraph includes the
evidence of use of the registered trademark by the trademark
registrant and the evidence of licensing another person by the
trademark registrant to use its registered trademark.
Article 40 For a registered trademark canceled
under Article 44 or 45 of the Trademark Law, the Trademark Office
shall publish it, and the exclusive right to use the said
registered trademark shall be terminated from the date on which the
Trademark Office makes the decision of cancellation.
Article 41 Where a registered trademark is
canceled by the Trademark Office or the Trademark Review and
Adjudication Board and the grounds for the cancellation involve
some of the designated goods only, the registered trademark used on
such goods shall be canceled.
Article 42 The amount of a fine imposed under
Articles 45 and 48 of the Trademark Law shall be not more than 20%
of the volume of the illegal business or not more than two times of
the profit illegally earned.
The amount of a fine imposed under Article 47 of the Trademark
Law shall be not more than 10% of the volume of the illegal
business.
Article 43 Where licensing another person to
use its registered trademark, the licensor shall, within three
months from the date of conclusion of the license contract, submit
the copy of the contract to the Trademark Office for the
record.
Article 44 Where anyone violates the provisions
of the second paragraph of Article 40 of the Trademark Law, the
authority of administration for industry and commerce shall order
it to make corrections within a specified time limit, or seize the
representations of its trademark if no corrections are made at the
expiry of the specified time limit. Where it is impossible to
separate the representations of the trademark from the goods
involved, both of them shall be seized and destroyed.
Article 45 Where the use of a trademark is in
violation of the provisions of Article 13 of the Trademark Law, the
party concerned may request the authority of administration for
industry and commerce to prohibit such use. When filing an
application for this purpose, the party shall submit evidence
proving that its mark constitutes a well-known trademark. If the
mark is determined as a well-known trademark by the Trademark
Office pursuant to Article 14 of the Trademark Law, the authority
of administration for industry and commerce shall order the
infringer to stop the act of using the well-known trademark in
violation of the provisions of Article 13 of the Trademark Law,
seize and destroy the representations of the trademark; where it is
impossible to separate the representations of the trademark from
the goods involved, both of them shall be seized and destroyed.
Article 46 A trademark
registrant applying for the removal of its registered trademark or
for the removal of the registration of its trademark used on some
of the designated goods from the Trademark Register shall submit an
application for the removal of the trademark to the Trademark
Office and return the original Certificate of Trademark
Registration.
Where a trademark registrant applies for the removal of its
registered trademark or the removal of the registration of its
trademark on some of the designated goods from the Trademark
Register, the exclusive right to use the registered trademark or
the effect of the exclusive right to use the registered trademark
on some of the designated goods shall be terminated from the date
on which the Trademark Office receives the application for
removal.
Article 47 Where a trademark registrant dies or
terminates, each and every person may, at the expiry of one year
from the date of death or termination, apply to the Trademark
Office for the removal of the registered trademark in question from
the Trademark Register if no formalities of transfer have been
conducted with respect to the registered trademark. When applying
for the removal, the applicant shall submit the evidence certifying
the death or termination of the trademark registrant.
Where a registered trademark is removed from the Trademark
Register due to the death or termination of the trademark
registrant, the exclusive right to use the registered trademark
shall cease from the date of death or termination of the trademark
registrant.
Article 48 Where a registered trademark is
canceled or removed from the Trademark Register as provided in
Articles 46 and 47 of these Regulations, the original Certificate
of Trademark Registration shall become invalid. Where the
registration of the trademark on some of the designated goods is
canceled or the trademark registrant applies for the removal of the
registration of its trademark on some of the designated goods from
the Trademark Register, the Trademark Office shall make a note on
the original Certificate of Trademark Registration and return it to
the registrant, or reissue the Certificate of Trademark
Registration and publish it.
Chapter VII Protection of the Exclusive Right to Use a
Registered Trademark
Article 49 Where a registered trademark
consists of the generic name, design or model of the goods in
question, or directly shows the quality, main raw materials,
functions, intended purposes, weight, quantity or other
characteristics of the goods in question, or consists of
geographical names, the proprietor of the exclusive right to use
the registered trademark shall have no right to prohibit the fair
use thereof by another person.
Article 50 Any of the following acts shall
constitute an infringement on the exclusive right to use a
registered trademark referred to in Article 52 (5) of the Trademark
Law:
(1) using any signs which are identical or similar to another
person's registered trademark as the name of the goods or
decoration of the goods on the same or similar goods, thus
misleading the public;
(2) intentionally providing facilities such as storage,
transport, mailing, concealing, etc. for the purpose of infringing
another person's exclusive right to use a registered trademark.
Article 51 Where the exclusive right to use a
registered trademark is infringed upon, each and every person may
lodge a complaint with or report the case to the authority of
administration for industry and commerce.
Article 52 The amount of a fine imposed on an
act infringing the exclusive right to use a registered trademark
shall be not more than three times of the volume of the illegal
business. If it is impossible to calculate the volume of the
illegal business, the amount of the fine shall be not more than
100,000 yuan.
Article 53 A trademark
owner who believes that the registration of its well-known
trademark as an enterprise name by another person is likely to
deceive or mislead the public may apply to the competent
registration authorities of enterprise names for the cancellation
of the registration of the enterprise name. The competent
registration authorities of enterprise names shall handle the case
in accordance with the Provisions on Administration of Enterprise
Name Registration.
Chapter VIII Supplementary Provisions
Article 54 Service marks continuously in use to
July 1, 1993, which are identical or similar to any registered
service marks of another person for the same or similar services,
may continue to be used; however, if such use is suspended for a
period of three years or more after July 1, 1993, it shall not be
used any longer.
Article 55 The specific measures for the
administration of trademark agency shall be separately formulated
by the State Council.
Article 56 The Classification of Goods and
Services for trademark registration shall be worked out and
published by the authority of administration for industry and
commerce under the State Council.
The format of the documents for applying for trademark
registration or for handling other trademark matters shall be
determined and published by the authority of administration for
industry and commerce under the State Council.
The rules on review and adjudication to be followed by the
Trademark Review and Adjudication Board shall be formulated and
promulgated by the authority of administration for industry and
commerce under the State Council.
Article 57 The Trademark Office shall establish
and keep the Trademark Register recording registered trademarks and
other registration matters.
The Trademark Office shall compile and issue the Trademark
Gazette publishing trademark registration and other related
matters.
Article 58 Fees shall be paid for applying for
trademark registration or for handling other trademark matters. The
items and standards for collecting fees shall be prescribed and
published by the authority of administration for industry and
commerce under the State Council jointly with the competent
department for pricing of the State Council.
Article 59 These Regulations shall become
effective as of September 15, 2002. The Rules for the
Implementation of the Trademark Law of the People's Republic of
China, which was promulgated by the State Council on March 10,
1983, revised for the first time with the approval of the State
Council on January 3, 1988 and revised for the second time with the
approval of the State Council on July 15, 1993, and the Official
Reply from the State Council Concerning Papers Furnished as
Attachments to Applications for Trademark Registration, which was
issued on April 23, 1995, shall be repealed simultaneously.
(State Council)
