Trademark Law of the People's Republic of China
(Adopted at the 24th Session of the Standing Committee of the
Fifth National People's Congress on 23 August 1982, revised for
the first time according to the Decision on the Amendment of the
Trademark Law of the People's Republic of China adopted at the
30th Session of the Standing Committee of the Seventh National
People's Congress, on 22 February 1993, and revised for the second
time according to the Decision on the Amendment of the Trademark
Law of the People's Republic of China adopted at the 24th Session
of the Standing Committee of the Ninth National People's Congress
on 27 October 2001.)
Chapter l General Provisions
Article 1 This Law is enacted for the purposes of improving the
administration of trademarks, protecting the exclusive right to
use trademarks, and of encouraging producers and operators to
guarantee the quality of their goods and services and maintaining
the reputation of their trademarks, with a view to protecting
the interests of consumers, producers and operators and to promoting
the development of the socialist market economy.
Article 2 The Trademark Office of the administrative authority
for industry and commerce under the State Council shall be responsible
for the registration and administration of trademarks throughout
the country.
The Trademark Review and Adjudication Board, established under
the administrative authority for industry and commerce under the
State Council, shall be responsible for handling matters of trademark
disputes.
Article 3 Registered trademarks mean trademarks that have been
approved and registered by the Trademark Office, including trademarks,
service marks, collective marks and certification marks; the trademark
registrants shall enjoy the exclusive right to use the trademarks,
and be protected by law.
Said collective marks mean sings which are registered in the
name of bodies, associations or other organizations to be used
by the members thereof in their commercial activities to indicate
their membership of the organizations.
Said certification marks mean signs which are controlled by organizations
capable of supervising some goods or services and used by entities
or individual persons outside the organization for their goods
or services to certify the origin, material, mode of manufacture,
quality or other characteristics of the goods or services.
Regulations for the particular matters of registration and administration
of collective and certification marks shall be established by
the administrative authority for industry and commerce under the
State Council.
Article 4 Any natural person, legal entity or other organization
intending to acquire the exclusive right to use a trademark for
the goods produced, manufactured, processed, selected or marketed
by it or him, shall file an application for the registration of
the trademark with the Trademark Office. Any natural person, legal
entity or other organization intending to acquire the exclusive
right to use a service mark for the service provided by it or
him, shall file an application for the registration of the service
mark with the Trademark Office.
The provisions set forth in this Law concerning trademarks shall
apply to service marks.
Article 5 Two or more natural persons, legal entities or other
organizations may jointly file an application for the registration
for the same trademark with the Trademark Office, and jointly
enjoy and exercise the exclusive right to use the trademark.
Article 6 As for any of such goods, as prescribed by the State,
that must bear a registered trademark, a trademark registration
must be applied for. Where no trademark registration has been
granted, such goods cannot be marketed.
Article 7 Any user of a trademark shall be responsible for the
quality of the goods in respect of which the trademark is used.
The administrative authorities for industry and commerce at different
levels shall, through the administration of trademarks, stop any
practice that deceives consumers.
Article 8 In respect of any visual sign capable of distinguishing
the goods or service of one natural person, legal entity or any
other organization from that of others, including any word, design,
letters of an alphabet, numerals, three-dimensional symbol, combinations
of colours, and their combination, an application may be filed
for registration.
Article 9 Any trademark in respect of which an application for
registration is filed shall be so distinctive as to be distinguishable,
and shall not conflict with any prior right acquired by another
person.
A trademark registrant has the right to use the words of "registered
trademark" or a symbol to indicate that his trademark is
registered.
Article 10 The following signs shall not be used as trademarks:
(1) those identical with or similar to the State name, national
flag, national emblem, military flag, or decorations, of the People's
Republic of China, with names of the places where the Central
and State organs are located, or with the names and designs of
landmark buildings;
(2) those identical with or similar to the State names, national
flags, national emblems or military flags of foreign countries,
except that the foreign state government agrees otherwise on the
use;
(3) those identical with or similar to the names, flags or emblems
or names, of international intergovernmental organizations, except
that the organizations agree otherwise on the use or that it is
not easy for the use to mislead the public;
(4) those identical with or similar to official signs and hallmarks,
showing official control or warranty by them, except that the
use thereof is otherwise authorized;
(5) those identical with or simi1ar to the symbols, or names,
of the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any nationality;
(7) those having the nature of exaggeration and fraud in advertising
goods; and
(8) those detrimental to socialist morals or customs, or having
other unhealthy influences.
The geographical names as the administrative divisions at or
above the county level and the foreign geographical names well
known to the public shall not be used as trademarks, but such
geographical terms as have otherwise meanings or are a part of
collective marks/or a certification marks shall be exclusive.
Where a trademark using any of the above-mentioned geographical
names has been approved and registered, it shall continue to be
valid.
Article 11 The following signs shall not be registered as trademarks:
(1) those only comprising generic names, designs or models of
the goods in respect of which the trademarks are used;
(2) those having direct reference to the quality, main raw materials,
function, use, weight, quantity or other features of the goods
in respect of which the trademarks are used; and
(3) those lacking distinctive features.
The signs under the preceding paragraphs may be registered as
trademarks where they have acquired the distinctive features through
use and become readily identifiable.
Article 12 Where an application is filed for registration of
a three-dimensional sign as a trademark, any shape derived from
the goods itself, required for obtaining the technical effect,
or giving the goods substantive value, shall not be registered.
Article 13 Where a trademark in respect of which the application
for registration is filed for use for identical or similar goods
is a reproduction, imitation or translation of another person's
trademark not registered in China and likely to cause confusion,
it shall be rejected for registration and prohibited from use.
Where a trademark in respect of which the application for registration
is filed fdr use for non-identical or dissimilar goods is a reproduction,
imitation or translation of the well-known mark of another person
that has been registered in China, misleads the pub1ic and is
likely to create prejudice to the interests of the well-known
mark registrant, it shall be rejected for registration and prohibited
from use.
Article 14 Account shall be taken of the fol1owing factors in
establishment of a well-known mark:
(l) reputation of the mark to the relevant public;
(2) time for continued use of the mark;
(3) consecutive time, extent and geographical area of advertisement
of the mark;
(4) records of protection of the mark as a well-known mark; and
(5) any other factors relevant to the reputation of the mark.
Article 15 Where any agent or representative registers, in its
or his own name, the trademark of a person for whom it or he acts
as the agent or representative without authorization therefrom,
and the latter raises opposition, the trademark shall be rejected
for registration and prohibited from use.
Article 16 Where a trademark contains a geographic indication
of the goods in respect of which the trademark is used, the goods
is not from the region indicated therein and it misleads the public,
it shall be rejected for registration and prohibited from use;
however, any trademark that has been registered in good faith
shall remain valid.
The geographic indications mentioned in the preceding paragraph
refer to the signs that signify the place of origin of the goods
in respect of which the signs are used, their specific quality,
reputation or other features as mainly decided by the natural
or cultural factors of the regions.
Article 17 Any foreign person or foreign enterprise intending
to apply for the registration of a trademark in China shall file
an application in accordance with any agreement concluded between
the People's Republic of China and the country to which the applicant
belongs, or according to the international treaty to which both
countries are parties, or on the basis of the principles of reciprocity.
Article 18 Any foreign person or foreign enterprise intending
to apply for the registration of a trademark or for any other
matters conceming a trademark in China sha1l appoint any of such
organizations as designated by the State to act as its or his
agent.
Chapter II AppIication for Trademark Registration
Article 19 An applicant for the registration of a trademark shall,
in a form, indicate, in accordance with the prescribed classification
of goods, the class of the goods and the designation of the goods
in respect of which the trademark is to be used.
Article 20 Where any applicant for registration of a trademark
intends to use the same trademark for goods in different classes,
an application for registration shall be filed in respect of each
class of the prescribed classification of goods.
Article 21 Where a registered trademark is to be used in respect
of other goods of the same class, a new application for registration
shall be filed.
Article 22 Where the sign of a registered trademark is to be
altered, a new registration shall be applied for.
Article 23 Where, after the registration of a trademark, the
name, address or other registered matters concerning the registrant
change, an application regarding the change shall be filed.
Article 24 Any aPp1icant for the registration of a trademark
who files an application for registration of the same trademark
for identica1 goods in China within six months from the date of
filing the first application for the trademark registration overseas
may enjoy the right of priority in accordance with any agreement
concluded between the People's Republic of China and the country
to which the applicant belongs, or according to the international
treaty to which both countries are parties, or on the basis of
the principle whereby each acknowledges the right of priority
of the other.
Anyone claiming the right of priority according to the preceding
paragraph shall make a statement in writing when it or he files
the application for the trademark registration, and submit, within
three months, a copy of the application documents it or he first
filed for the registration of the trademark; where the applicant
fails to make the claim in writing or submit the copy of the application
documents within the time limit, the claim shall be deemed not
to have been made for the right of priority.
Article 25 Where a trademark is first used for goods in an international
exhibition on sponsored or recognized by me Chinese Government,
the applicant for the registration of the trademark may enjoy
the right of priority within six months from the date of exhibition
of the goods.
Anyone claiming the right of priority according to the preceding
paragraph shall make a claim in writing when it or he files the
application for the registration of the trademark, and submit,
within three months, documents showing the title of the exhibition
in which its or his goods was displayed, proof that the trademark
was used for the goods exhibited, and the date of exhibition;
where the claim is not made in writing, or the proof documents
not submitted within the time limit, the claim shall be deemed
not to have been made for the right of priority.
Article 26 The matters reported and materials submitted in the
application for trademark registration shall be true, accurate
and complete.
Chapter lII Examination for and ApprovaI of Trademark Registration
Article 27 Where a trademark the registration of which has been
applied for is in conformity with the relevant provisions of this
Law, the Trademark Office shall, after examination, preliminarily
approve the trademark and publish it.
Article 28 Where a trademark the registration of which has been
applied for is not in conformity with the relevant provisions
of this Law, or it is identical with or similar to the trademark
of another person that has, in respect of the same or similar
goods, been registered or, after examination, preliminarily approved,
the Trademark Office shall refuse the application and shall not
publish the said trademark.
Article 29 Where two or more applicants apply for the registration
of identical or similar trademarks for the same or similar goods,
the preliminary aPproval, after examination, and the publication
shall be made for the trademark which was first filed. Where applications
are filed on the same day, the preliminary approval, after examination,
and the publication shall be made for the trademark which was
the earliest used, and the applications of the others shall be
refused and their trademarks shall not be published.
Article 30 Any person may, within three months from the date
of the publication, file an opposition against the trademark that
has, after examination, been preliminarily approved. If no opposition
has been filed after the expiration of the time limit from the
publication, the registration shall be approved, a certificate
of trademark registration shall be issued and the trademark shall
be published.
Article 31 An application for the registration of a trademark
shall not create any prejudice to the prior right of another person,
nor unfair means be used to pre-emptively register the trademark
of some reputation another person has used.
Article 32 Where the application for registration of a trademark
is refused and no publication of the trademark is made, the Trademark
Office shall notify the applicant of the same in writing. Where
the applicant is dissatisfied, he may, within fifteen days from
receipt of the notice, file an application with the Trademark
Review and Adjudication Board for a review. The Trademark Review
and Adjudication Board shall make a decision and notify 'the applicant
in writing.
Any interested party who is not satisfied with the decision made
by the Trademark Review and Adjudication Board may, within thirty
days from receipt of the notice, institute legal proceedings in
the People's Court.
Article 33 Where an opposition is filed against the trademark
that has, after examination, been preliminarily approved and published,
the Trademark Office shall hear both the opponent and applicant
state facts and grounds, and shall, after investigation and verification,
make a decision. Where any party is dissatisfied, it or he may
within fifteen days from receipt of the notification, apply for
a reexamination, and the Trademark Review and Adjudication Board
shall make a decision and notify both the opponent and applicant
in writing.
Any interested party who is not satisfied with the decision made
by the Trademark Review and Adjudication Board within thirty days
from the date of receipt of the notice, may institute legal proceedings
in the People's Court. The People's Court shall notify the other
party to the trademark reexamination proceeding to be a third
party to the litigation.
Article 34 Where the interested party does not, within the statutory
time limit, apply for the reexamination of the adjudication by
the Trademark Office or does not institute legal proceedings in
respect of the adjudication by the Trademark Review and Adjudication
Board, the adjudication takes effect.
Where the opposition cannot be established upon ad judication,
the registration shall be approved, a certificate of trademark
registration shall be issued and the trademark shall be published;
where the opposition is established upon adjudication, the registration
shall not be approved.
Where the opposition cannot be established upon ad judication,
but the registration is approved, the time of the exclusive right
the trademark registration applicant has obtained to use the trademark
is counted from the date on which the three months expires from
the publication of the preliminary examination.
Article 35 Any application for trademark registration and trademark
reexamination shall be examined in due course.
Article 36 Where any trademark registration applicant or registrant
finds any obvious errors in the trademark registration documents
or application documents, it or he may apply for correction thereof
The Trademark Office shall ex officio make the correction according
to law and notify the interested party of the correction.
The error correction mentioned in the preceding paragraph shall
not relate to the substance of the trademark registration documents
or application documents.
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Article 37 The period of validity of a registered trademark shall
be ten years, counted from the date of approval of the registration.
Article 38 Where the registrant intends to continue to use the
registered trademark beyond the expiration of the period of validity,
an application for renewal of the registration shall be made within
six months before the said expiration. Where no application therefore
has been filed within the said period, a grace period of six months
may be allowed. If no application has been filed at the expiration
the grace period, the registered trademark shall be cancelled.
The period of validity of each renewal of registration shaIl
be ten years.
Any renewa1 of registration shall be published after it as been
approved.
Article 39 Where a registered trademark is assigned, the assignor
and assignee shall conclude a contract for the assignment, and
jointly file an application with the trademark Office. The assignee
shall guarantee the quality of the goods in respect of which the
registered trademark is used.
The assignment of a registered trademark shall be published after
it has been approved, and the assignee enjoys the exclusive right
to use the trademark from the date of publication.
Article 40 Any trademark registrant may, by signing a trademark
license contract, authorize other persons to use his registered
trademark. The licensor shall supervise the quality of the goods
in respect of which the licensee uses his registered trademark,
and the licensee shall guarantee the quality of the goods in respect
of which the registered Trademark is used.
Where any party is authorized to use a registered trademark of
another person, the name of the licensee and the origin of the
goods must be indicated on the goods that bear the registered
trademark.
The trademark license contract shall be submitted to the Trademark
Office for record.
Chapter V Adjudication of Disputes Concerning Registered Trademarks
Article 41 Where a registered trademark stands in violation of
the provisions of Articles 10, 11 and 12 of this Law, or the registration
of a trademark was acquired by fraud or any other unfair means,
the Trademark Office shall cancel the registered trademark in
question; and any other organization or individual may request
the Trademark Review and Ad judication Board to make an adjudication
to cancel such a registered trademark.
Where a registered trademark stands in violation of the provisions
of Articles l3, l5, l6 and 3l of this Law, any other trademark
owner concerned or interested party may, within five years from
the date of the registration of the trademark, file a request
with the Trademark Review and Adjudication Board for adjudication
to cancel the registered trademark. Where a well-known mark is
registered in bad faith, the genuine owner thereof shall not be
restricted by the five-year limitation.
In addition to those cases as provided for in the preceding two
paragraphs, any person disputing a registered trademark may, within
five years from the date of approval of the trademark registration,
apply to the Trademark Review and Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after receipt
of the application for adjudication, notify the interested parties
and request them to respond with arguments within a specified
period.
Article 42 Where a trademark, before its being approved for registration,
has been the object of opposition and decision, no application
for adjudication may be filed based on the same facts and grounds.
Article 43 After the Trademark Review and Adjudication Board
has made an adjudication either to maintain or to cancel a registered
trademark, it shall notify the interested parties of the same
in writing.
Any interested party who is dissatisfied with the adjudication
made by the Trademark Review and Adjudication Board may, within
thirty days from the date of receipt of the notice, institute
legal proceedings in the People's Court. The People's Court shall
notify the other party of the trademark adjudication proceeding
to be a third party to the legal proceedings.
Chapter Vl Administration of the Use of Trademarks
Article 44 Where any person who uses a registered trademark has
committed any of the following, the Trademark Office shall order
him to rectify the situation within a specified period or even
cancel the registered trademark:
(1) where a registered trademark is altered unilaterally (that
is, without the required registration);
(2) where the name, address or other registered matters concerning
the registrant of a registered trademark are changed unilaterally
(that is, without the required application );
(3) where the registered trademark is assigned unilaterally (that
is, without the required approval); or
(4) where the use of the registered trademark has ceased for
three consecutive years.
Article 45 Where a registered trademark is used in respect of
the goods that have been roughly or poorly manufactured, or whose
superior quality has been replaced by inferior quality, so that
consumers are deceived, the administrative authorities for industry
and commerce at different levels shall, according to the circumstances,
order rectification of the situation within a specified period,
and may, in addition, circulate a notice of criticism or impose
a fine, and the Trademark Office may even cancel the registered
trademark.
Article 46 Where a registered trademark has been cancelled or
has not been renewed at the expiration, the Trademark Office shall,
during one year from the date of the cancellation or removal thereof,
approve no application for the registration of a trademark that
is identical with or similar to the said trademark.
Article 47 Where any person violates the provisions of Article
6 of this Law, the local administrative authority for industry
and commerce shall order him to file an application for the registration
within a specified period, and may, in addition, impose a fine.
Article 48 Where any person who uses an unregistered trademark
has committed any of the following, the local administrative authority
for industry and commerce shall stop the use of the trademark,
order him to rectify the situation within a specified period,
and may, in addition, circulate a notice of criticism or impose
a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated;
or
(3) where the manufacture is of rough or poor quality, or where
superior quality is replaced by inferior quality, so that consumers
are deceived.
Article 49 Any party dissatisfied with the decision of the Trademark
Office to cancel a registered trademark may, within fifteen days
from receipt of the corresponding notice, apply for a review.
The Trademark Review and Adjudication Board shall make a decision
and notify the applicant in writing.
Any interested party dissatisfied with the decision by the Trademark
Review and Adjudication Board may, within thirty days from the
date of receipt of the notice, institute legal proceedings in
the People's Court.
Article 50 Any party dissatisfied with the decision of the administrative
authority for industry and commerce to impose a fine under the
provisions of Article 45, Article 47 or Article 48 may, within
fifteen days from receipt of the corresponding notice, institute
legal proceedings with the People's Court. If there have been
instituted no legal proceedings or made no performance of the
decision at the expiration of the said period, the administrative
authority for industry and commerce may request the People's Court
for compulsory execution thereof.
Chapter VII Protection of the Exclusive Rights to Use Registered
Trademarks
Article 51 The exclusive right to use a registered trademark
is limited to the trademark which has been approved for registration
and to the goods in respect of which the use of the trademark
has been approved.
Article 52 Any of the following acts shall be an infringement
of the exclusive right to use a registered trademark:
(1) to use a trademark that is identical with or similar to a
registered trademark in respect of the identical or similar goods
without the authorization from the trademark registrant;
(2) to sell goods that he knows bear a counterfeited registered
trademark;
(3) to counterfeit, or to make, without authorization, representations
of a registered trademark of another person, or to sell such representations
of a registered trademark as were counterfeited, or made without
authorization;
(4) to replace, without the consent of the trademark registrant,
its or his registered trademark and market again the goods bearing
the replaced trademark; or
(5) to cause, in other respects, prejudice to the exclusive right
of another person to use a registered trademark.
Article 53 Where any party has committed any of such acts to
infringe the exclusive right to use a registered trademark as
provided for in Article 52 of this Law and has caused a dispute,
the interested parties shall resolve the dispute through consultation;
where they are reluctant to resolve the matter through consultation
or the consultation fails, the trademark registrant or interested
party may institute legal proceedings in the People's Court or
request the administrative authority for industry and commerce
for actions. Where it is established that the infringing act is
constituted in its handling the matter, the administrative authority
for industry and commerce handling the matter shall order the
infringer to immediately stop the infringing act, confiscate and
destroy the infringing goods and tools specially used for the
manufacture of the infringing goods and for counterfeiting the
representations of the registered trademark, and impose a fine.
Where any interested party is dissatisfied with decision on handling
the matter, it or he may, within fifteen days from the date of
receipt of the notice, institute legal proceedings in the People's
Court according to the Administrative Procedure Law of the People's
Republic of China. If there have been instituted no legal proceedings
or made on performance of the decision at the expiration of the
said period, the administrative authority for industry and commerce
shall request the People's Court for compulsory execution thereof.
The administrative authority for industry and commerce handling
the matter may, upon the request of the interested party, medicate
on the amount of compensation for the infringement of the exclusive
right to use the trademark; where the medication fails, the interested
party may institute legal proceedings in the People's Court according
to the Civil Procedure Law of the People's Republic of China.
Article 54 The administrative authority for industry and commerce
has the power to investigate and handle any act of infringement
of the exclusive right to use a registered trademark according
to law; where the case is so serious as to constitute a crime,
it shall be transferred to the judicial authority for handling.
Article 55 When investigating and handling an act suspected of
infringement of a registered trademark, the administrative authority
for industry and commerce at or above the county level may, according
to the obtained evidence of the suspected violation of law or
informed offence, exercise the following functions and authorities:
(1 ) to inquire of the interested parties involved, and to investigate
the relevant events of the infringement of the exclusive right
to use the trademark;
(2) to read and make copy of the contract, receipts, account
books and other relevant materials of the interested parties relating
to the infringement;
(3) to inspect the site where the interested party committed
the alleged infringement of the exclusive right to use the trademark;
and
(4) to inspect any articles relevant to the infringement; any
articles that prove to have been used for the infringement of
another person's exclusive right to use the trademark may be sealed
up or seized.
When the administrative authority for industry and commerce exercises
the preceding functions and authorities, the interested party
shall cooperate and help, and shall not refuse to do so or stand
in the way.
Article 56 The amount of damages shall be the profit that the
infringer has earned because of the infringement in the period
of the infringement or the injury that the infringee has suffered
from the infringement in the period of the infringement, including
the appropriate expenses of the infringee for stopping the infringement.
Where it is difficult to determine the profit that the infringer
has earned because of the infringement in the period of the infringement
or the injury that the infringee has suffered from the infringement
in the period of the infringement, the People's Court shall impose
an amount of damages of no more than RMB 500, 000 yuan according
to the circumstances of the infringement.
Anyone who sells a goods that it or he does not know has infringed
the exclusive right to use a registered trademark, and is able
to prove that it or he has obtained the goods legitimately and
indicates the supplier thereof shall not bear the liability for
damages.
Article 57 Where a trademark registrant or interested party who
has evidence to show that another person is committing or will
commit an infringement of the right to use its or his registered
trademark, and that failure to promptly stop the infringement
will cause irreparable damages to its or his legitimate rights
and interests, it or he may file an application with the People's
Court to order cessation of the relevant act and to take measures
for property preservation before instituting legal proceedings
in the People's Court.
The People's Court handling the application under the preceding
paragraph shall apply the provisions of Articles 93 to 96 and
99 of the Civil Procedure Law of the People's Republic of China.
Article 58 In order to stop an infringing act, any trademark
registrant or interested party may file an application with the
People's Court for preservation of the evidence before instituting
legal proceedings in the People's Court where the evidence will
possibly be destroyed or lost or difficult to be obtained again
in the future. The People's Court must make adjudication within
forty-eight hours after receipt of the application; where it is
decided to take the preservative measures, the measures shall
be executed immediately. The People's Court may order the applicant
to place guaranty; where the applicant fails to place the guaranty,
the application shall be rejected.
Where the applicant institutes no legal proceedings within fifteen
days after the People's Court takes the preservative measures,
the People's Court shall release the measures taken for the preservation.
Article 59 Where any party uses, without the authorization from
the trademark registrant, a trademark identical with a registered
trademark, and the case is so serious as to constitute a crime,
he shall be prosecuted, according to law, for his criminal liabilities
in addition to his compensation for the damages suffered by the
infringee.
Where any party counterfeits, or makes, without authorization,
representations of a registered trademark of another person, or
sells such representations of a registered trademark as were counterfeited,
or made without authorization, and the case is so serious as to
constitute a crime, he shall be prosecuted, according to law,
for his criminal liabilities in addition to his compensation for
the damages suffered by the infringee.
Where any party sells goods that he knows bear a counterfeited
registered trademark, and the case is so serious as to constitute
a crime, he shall be prosecuted, according to law, for his criminal
liabilities in addition to his compensation for the damages suffered
by the infringee.
Article 60 The State functionaries for the registration, administration
and reexamination of trademarks must handle cases according to
law, be incorruptible and disciplined, devoted to their duties
and courteous and honest in their provision of service.
The State functionaries of the Trademark Office and the Trademark
Review and Adjudication Board and those working for the registration,
administration and reexamination of trademarks shall not practice
as trademark agent and engage in any activity to manufacture and
market goods.
Article 61 The administrative authority for industry and commerce
shall establish and amplify its internal supervision system to
supervise and inspect the State functionaries for the registration,
administration and reexamination of trademarks in their implementation
of the laws and administrative regulations and in their observation
of the discipline.
Article 62 Where any State functionary for the registration,
administration and reexamination of trademarks neglects his duty,
abuses his power, engages in malpractice for personal gain, handles
the registration, administration and reexamination of trademarks
in violation of law, accepts money or material wealth from any
interested party or seeks illicit interest, which constitutes
a crime, he or she shall be prosecuted for his or her criminal
liabi1ity. If the case is not serious enough to constitute a crime,
he or she shall be given disciplinary sanction according to law.
Chapter VIII Supplementary Provisions
Article 63 Any application for a trademark registration and for
other matters concerning a trademark shall be subject to payment
of the fees as prescribed. The schedule of fees shall be prescribed
separately.
ArticIe 64 This Law shall enter into force on March l, l983.
The "Regulations Governing Trademarks" promulgated by
the State Council on April l0, l963 shall be abrogated on the
same date, and any other provisions concerning trademarks contrary
to this Law shall cease to be effective at the same time.
Trademarks registered before this Law enters into force shall
continue to be valid.
