Regulations for the Implementation of the Trademark
Law of
the People's Republic of China
(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)
Table of content
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination of Applications for Trademark Registration
Chapter IV Modification, Assignment and Renewal of Registered
Trademarks
Chapter V Review and Adjudication of Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Right to Use a Registered
Trademark
Chapter VIII Supplementary Provisions
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
Trademark Review and Adjudication Board¡¯s review and adjudication.
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
¡°×¢²áÉ̱ꡱ or a registration mark may be indicated on goods, packages
of goods, descriptions of goods or other ancillary items.
The registration mark includes ×¢and ?, 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 for 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.
