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.
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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.
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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.
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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.
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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.
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Chapter
VI Administration
of the Use of Trademarks
Article
37. Where
a registered trademark is used, the characters "
"
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.
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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.
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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.
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