LAWS AND REGULATIONS

Article 1 This standard is formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"), the Regulations on the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Regulations on the Implementation of the Trademark Law") and relevant laws, regulations and departmental rules in order to strengthen the administration of trademarks, strengthen the guidance on the enforcement of trademark Law and unify the enforcement standards.

Article 2 The department responsible for trademark law enforcement shall apply these standards to the investigation and handling of trademark violations.

Article 3 The general illegal acts of trademarks as mentioned in these Standards refer to acts that violate the order of trademark administration.

Any of the following acts are generally illegal trademarks:

(1) failing to use a registered trademark in violation of Article 6 of the Trademark Law;

(2) using a mark that cannot be used as a trademark in violation of Article 10 of the Trademark Law;

(3) using the words "well-known trademark" in commercial activities in violation of Article 14, paragraph 5, of the Trademark Law;

(4) In violation of the provisions of Article 43, paragraph 2, of the Trademark Law, the trademark licensee fails to indicate its name and the origin of the commodities;

(5) In violation of the provisions of the first paragraph of Article 49 of the Trademark Law, a trademark registrant changes the registered trademark, the name, address of the registrant or any other registered matter on its own in the course of using the registered trademark;

(6) using an unregistered trademark as a registered trademark in violation of Article 52 of the Trademark Law;

(7) In violation of Article 4 (2) of the Regulations on the Implementation of the Trademark Law and the provisions of Article 14, 15, 17, 18, 20 and 21 of the Measures for the Registration and Administration of Collective Trademarks and Certification Marks, failing to perform the obligations of the administration of collective trademarks and certification marks;

(8) failing to perform the duties of trademark printing administration in violation of Articles 7 to 10 of the Measures for the Administration of Trademark Printing;

(9) Applying for trademark registration in bad faith in violation of Article 3 of the Provisions on Regulating the Conduct of Trademark Application Registration;

(10) Other violations of trademark administration order.

Article 4 According to Article 6 of the Trademark Law, Article 19 of the Tobacco Monopoly Law of the People's Republic of China, and Article 22 and 65 of the Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China, new tobacco products such as cigarettes, cigars, packaged tobacco and electronic cigarettes must use registered trademarks. It shall not be produced or sold in China.

Imported cigarettes, cigars, packaged tobacco, electronic cigarettes and other new tobacco products sold in China must use trademarks approved and registered in China.

Article 5 Whether an unregistered trademark used violates the provisions of Article 10 of the Trademark Law shall generally be judged by the general understanding of the public within the territory of China.

However, there are reasonable and sufficient reasons to prove that the specific public in China believes that the use of an unregistered trademark violates the provisions of subparagraphs 6 to 8 of paragraph 1 of this Article, except.

Article 6 Whether an unregistered trademark used constitutes the same or similar as provided for in Article 10, paragraph 1, of the Trademark Law shall be judged by reference to the Guide for Trademark Examination and Adjudication.

Article 7 "Ethnic discrimination" as provided for in paragraph 1 (6) of Article 10 of the Trademark Law means the use of words, graphics or other constituent elements of an unregistered trademark that contain the content of vilifying, belittling or other unequal treatment of a specific ethnic group.

Article 8 The term "deceptive" as provided in paragraph 1, paragraph 7, Article 10 of the Trademark Law means that a trademark makes an expression of the quality or other characteristics of the goods or services used or the origin of the goods or services beyond its inherent degree or is inconsistent with the facts, so that the public may have a wrong understanding of the quality or other characteristics or the origin of the goods or services.

However, the public will not misidentify the quality of goods or services or other characteristics or origin based on daily life experience, except.

Article 9 The use of unregistered trademarks under any of the following circumstances shall be deceptive as provided for in Article 10, Paragraph 1, Item 7 of the Trademark Law:

(1) where the quality, main raw materials, functions, uses, weight, quantity or other characteristics of a commodity or service are easily misidentified by the public;

(2) liable to cause the public to misidentify the place of origin of commodities or services;

(3) other representations of the quality and other characteristics of the commodities or services used or the origin of the goods or services that exceed their inherent degree or are inconsistent with the facts, and are liable to cause misidentification by the public.

Article 10 The term harmful to socialist morals and customs as provided for in Article 10, paragraph 1, paragraph 8 of the Trademark Law refers to the norms and norms that are harmful to the common life and conduct of the Chinese public, as well as the good customs and habits that are popular in society within a certain period of time.

Article 11 Other adverse effects as provided for in paragraph 1 (8) of Article 10 of the Trademark Law refer to the derogatory meaning of the words, graphics or other components of the logo, or the fact that the logo itself has no derogatory meaning but is used as a trademark, which is liable to have a negative or negative impact on China's political, economic, cultural, religious, ethnic and other social public interests and public order.

Article 12 The use of unregistered trademarks in any of the following circumstances, are other adverse effects provided for in Article 10, Paragraph 1, Item 8 of the Trademark Law:

(1) Harmful to national security and national unity;

(2) damage to the sovereignty, dignity or image of the State;

(3) harmful to national or racial dignity or feelings;

(4) harmful to religious beliefs, religious feelings or folk beliefs;

(5) those with the same or similar names as terrorist or cult organizations;

(6) those whose names are the same or similar to those of public emergencies;

(7) where the trademark or its constituent elements are identical with or similar to the names or portraits of political, economic, cultural, religious, ethnic and other public figures, causing a negative or negative impact on social public interests and public order;

(8) Other negative or negative impacts on public interests and public order.

Article 13 In determining whether the use of an unregistered trademark is harmful to socialist morality or has other adverse effects, the following factors and their mutual influence shall be comprehensively considered:

(1) the political background, social background, historical background, cultural tradition, ethnic customs, religious policies, etc., at the time of the use of the trademark;

(2) the constituent elements of the trademark and the goods or services used in it;

(3) the subjective intention of the user, the way of use and the social impact of the use behavior.

The daily life experience of the public, or the records in dictionaries, reference books, etc., or the general understanding of the relevant public may serve as the basis for judgment that it is harmful to socialist morality or has other adverse effects.

Article 14 An unregistered trademark used has a variety of meanings, one of which is easy for the public to believe that it belongs to the provisions of Article 10, paragraph 1, subparagraphs 6 to 8 of the Trademark Law, may be found to be in violation of that provision.

Article 15 Where the State Intellectual Property Office determines that the application for trademark registration violates the provisions of Article 10 of the Trademark Law and the relevant decision or ruling takes effect, the trademark applicant or another person continues to use the trademark, the department responsible for trademark enforcement shall investigate and handle it according to law.

Article 16 Where the department responsible for trademark enforcement finds that a registered trademark is suspected of violating the provisions of Article 10 of the Trademark Law, it shall report it to the State Intellectual Property Office step by step, and the State Intellectual Property Office shall handle it according to the prescribed procedures. Where, after the State Intellectual Property Office has made a decision to invalidate a registered trademark, the trademark registrant or another person continues to use the trademark, the department responsible for trademark enforcement shall investigate and handle it according to law.

Article 17 Where the provisions of Article 14, paragraph 5, of the Trademark Law are violated, factors such as the circumstances of the illegal act, the consequences of harm, and subjective faults shall be comprehensively considered and dealt with in accordance with Article 53 of the Trademark Law and Article 33 of the Administrative Penalty Law of the People's Republic of China.

Article 18 The term "self-alteration of a registered trademark" as mentioned in paragraph 1 of Article 49 of the Trademark Law means that a trademark registrant, without authorization, makes partial changes or changes the relative positions of the constituent elements of a registered trademark, such as words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, etc., affecting the cognition or recognition of the registered trademark. Where "registered trademark" or registration mark is still marked.

Article 19 Where the whole package of a cigarette is registered as a trademark, the act of adding warning words, modifying the content of warning words and the area of warning words in accordance with the relevant provisions of the State and causing the change and use of the cigarette trademark shall not be regarded as violating the provisions of the first paragraph of Article 49 of the Trademark Law.

Article 20 In any of the following circumstances, it is the trademark Law in the first paragraph of Article 49 to change the trademark registration matters:

(1) the trademark registrant has not filed an application for change with the State Intellectual Property Office according to law after the name (name or name) has been changed;

(2) After the address of the trademark registrant has changed, it has not filed an application for change with the State Intellectual Property Office according to law, or the actual address of the trademark registrant is inconsistent with the address recorded in the Trademark Register;

(3) Where the trademark registrant fails to file an application for change to the State Intellectual Property Office in accordance with law after the change of other registered items except the name and address of the trademark registrant.

Article 21 Where a trademark registrant changes its registered trademark, name, address or other registered matters on its own initiative, the department responsible for trademark law enforcement shall order it to make corrections within a time limit; If no correction is made within the prescribed time limit, the department responsible for trademark law enforcement shall report to the State Intellectual Property Office step by step, and the State Intellectual Property Office shall handle the matter according to law in accordance with the prescribed procedures.

Article 22 The term "impersonating a registered trademark" as mentioned in Article 52 of the Trademark Law refers to the marking of a "registered trademark" or the marking of a registered mark on an unregistered trademark on a commodity, on a package, container or service site of a commodity, or on a transaction document, or in advertising, exhibitions or other commercial activities. Or mark an unregistered trademark with a symbol similar to the registered mark, misleading the relevant public.

Article 23 Where a trademark registrant or user commits any of the following acts, it shall be regarded as an impersonation of a registered trademark as provided for in Article 52 of the Trademark Law:

(1) using a trademark for which no application for registration has been filed with the State Intellectual Property Office and indicating "registered trademark" or indicating a registration mark;

(2) using a trademark whose registration application has been rejected or has not yet been approved by the State Intellectual Property Office, and indicating "registered trademark" or marking the registration mark;

(3) After a registered trademark has been revoked or declared invalid, or has been cancelled due to failure to renew its expiration, or after an application for cancellation has been approved, it continues to indicate a "registered trademark" or mark a registered trademark, except for the goods that have been in circulation before the registered trademark expires;

(4) using the trademark in excess of the goods or services approved for use of the registered trademark and indicating the "registered trademark" or indicating the registration mark;

(5) where, after changing the distinctive features of a registered trademark, the term "registered trademark" or the registration mark is still marked;

(6) combining two or more registered trademarks and marking the registered marks, but failing to mark the registered marks one by one according to the registered trademarks;

(7) For imported goods marked with a "registered trademark" or marked with a registration mark, the trademark has not been registered in China and is not declared.

Where any of the above acts of a trademark registrant or user simultaneously constitute an infringement of another person's exclusive right to use a registered trademark as provided for in Article 57 of the Trademark Law, the department responsible for trademark enforcement shall investigate and handle it in accordance with the provisions of Article 60, paragraph 2, of the Trademark Law; Where a crime is suspected, it shall be promptly transferred to a judicial organ for handling according to law.

Article 24 A trademark registrant shall supervise the licensee's lawful use of its registered trademark. Where the trademark registrant knows or should know that the licensee changes the registered trademark, the registrant's name, address or other registered matters on its own and fails to stop it in time, the trademark registrant shall bear the legal responsibility for changing the registered trademark on its own.

Article 25 Where the registrant of a collective trademark or certifying mark violates the provisions of paragraph 2 of Article 4 of the Implementing Regulations of the Trademark Law or Articles 14, 15, 17, 18 and 20 of the Measures for the Registration and Administration of Collective Trademarks and certifying Marks, It shall be handled by the department responsible for trademark law enforcement in accordance with Article 22 of the Measures for the Registration and Administration of Collective Trademarks and Certification Marks.

Article 26 Where a commodity produced by a non-collective member meets the conditions for a geographical indication, it may properly use the geographical name in the geographical indication, but it has no right to use the collective trademark mark registered as a geographical indication.

Article 27 Where a collective trademark registrant has any of the following circumstances, it falls under the provisions of Article 21 of the Measures for the Registration and Administration of Collective Trademarks and Certification Marks without effective management or control of the use of the trademark:

(1) The member who violates the rules governing the use of the collective trademark does not bear responsibility;

(2) The inspection and supervision system for goods using the collective trademark is not in effective operation;

(3) Other cases where there is no effective management or control of the use of the trademark.

28th certification trademark registrant has any of the following circumstances, are the "Collective trademark, certification trademark registration and Administration Measures" article 21 of the provisions of the use of the trademark does not carry out effective management or control:

(1) the user who violates the rules governing the use of the certification mark does not bear responsibility;

(2) The inspection and supervision system for goods using the certification mark is not in effective operation;

(3) Other cases where there is no effective management or control of the use of the trademark.

Article 29 The trademark logo referred to in the Regulations on the Administration of Printing Industry and the Measures for the Administration of Trademark Printing refers to the tangible carrier with the trademark that enters the circulation field together with the commodity, including the registered trademark logo and the unregistered trademark logo.

The trademark logo is generally independent of the marked goods and does not have the function of the goods.

Article 30 The printing of a trademark refers to the act of printing or making trademarks.

Where trademarks are directly marked on commodities, commodity parts and main raw materials of commodities (excluding the packaging of commodities) by printing and dyeing, stamping, etc., it belongs to the production and processing of commodities, and generally does not belong to the trademark printing referred to in the preceding paragraph.

Article 31 The trademark printing unit shall, in accordance with the provisions of Article 3, Article 4, Article 5 and Article 7 of the Measures for the Administration of Trademark Printing, check whether the Trademark Registration Certificate and other supporting documents and printing trademarks are consistent with the trademarks approved and registered in the Trademark Registration Certificate. And whether the registered trademark is valid. Failing to perform the above examination obligations, the department responsible for trademark law enforcement shall investigate and punish according to law.

Article 32 Where a trademark printing unit prints a trademark logo without the words "registered trademark" and the registration mark, and fails to fulfill the following audit obligations, the department responsible for trademark law enforcement shall investigate and punish according to law:

(a) in accordance with the provisions of article 3, 6, 7 of the Measures for the Administration of Trademark Printing, check the certification documents and trademark drawings;

(b) through the official website of the State Intellectual Property Office to check whether others have registered the same trademark as the printed trademark logo on the same kind of goods or services.

Where another person has registered a trademark with the same logo as the printed trademark on the same kind of goods or services, and the trademark printing unit still undertakes the printing, it shall be handled in accordance with Article 13 of the Measures for the Administration of Trademark Printing.

Article 33. The departments responsible for trademark law enforcement shall investigate and punish acts of applying for trademark registration in bad faith. It may refer to the effective decision or ruling of the State Intellectual Property Office that finds that the application for trademark registration or the trademark registration violates the provisions of Article 4, Article 10, paragraph 1, paragraph 8, Article 13, Article 15, and Article 32 of the Trademark Law, or falls under the circumstances of Article 44, paragraph 1, "Obtaining registration by deception or other improper means", and shall be handled in light of the specific case.

Article 34 The State Intellectual Property Office shall be responsible for the interpretation of these standards. Where trademark authorization is involved, the Guide to Trademark Examination and Adjudication shall apply.

Article 35 These standards shall come into force as of January 1, 2022.