LAWS AND REGULATIONS

Decree of The State Council of the People's Republic of China

　　Number 651
 

The revised Regulations on the Implementation of the Trademark Law of the People's Republic of China are hereby promulgated and shall come into force as of May 1, 2014.

April 29, 2014

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 amended by Decree No. 651 of The State Council of the People's Republic of China on April 29, 2014)

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 The provisions of these Regulations concerning commodity marks shall apply to service marks.

Article 3 Where a trademark holder requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it shall submit evidentiary materials showing that its trademark constitutes a well-known trademark. The Trademark Office and the Trademark Review and Adjudication Board shall, in accordance with the provisions of Article 14 of the Trademark Law, make a determination of the well-known status of the trademark based on the needs of the examination and handling of the case and the evidentiary materials submitted by the parties.

Article 4 The geographical indications provided for in Article 16 of the Trademark Law may be applied for registration as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.

Where a geographical indication is registered as a certification mark, the natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request the use of the certification mark, and the organization controlling the certification mark shall allow it. Where a geographical indication is registered as a collective mark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join a body, association or other organization registered with the geographical indication as a collective mark, and such body, association or other organization shall be accepted as a member in accordance with its articles of association; A body, association or other organization that does not require participation in the registration of the geographical indication as a collective trademark may also use the geographical indication properly, and the organization, association or other organization has no right to prohibit it.

Article 5 Where a party entrusts a trademark agency to apply for trademark registration or handle other trademark matters, it shall submit a power of attorney. The power of attorney shall specify the agency content and authority; The power of attorney of a foreigner or foreign enterprise shall also state the nationality of the principal.

The notarization and certification procedures for the power of attorney of a foreigner or a foreign enterprise and its related certification documents shall be handled in accordance with the principle of reciprocity.

In the application for trademark registration or assignment, where the applicant for trademark registration or the assignee for trademark assignment is a foreigner or a foreign enterprise, the recipient shall be designated in the application to be responsible for receiving the legal documents of the Trademark Office and the Trademark Review and Adjudication Board for the subsequent trademark business. The Trademark Office and the Trademark Review and Adjudication Board shall serve the legal documents on the subsequent trademark business to the recipient within the territory of China.

The term "foreigner or foreign enterprise" as mentioned in Article 18 of the Trademark Law refers to a foreigner or foreign enterprise that has no habitual residence or business establishment in China.

Article 6 The Chinese language shall be used when applying for trademark registration or handling other trademark matters.

Where the various certificates, certification documents and evidentiary materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, the Chinese translation shall be attached; If no such document is attached, it shall be deemed that the certificate, certifying document or evidentiary material has not been submitted.

Article 7 A staff member of the Trademark Office or the Trademark Review and Adjudication Board shall withdraw under any of the following circumstances, and the parties or interested parties may request him to withdraw:

(1) he is a party or a near relative of a party or his agent;

(2) having other relationships with parties or agents that may affect justice;

(3) having an interest in applying for trademark registration or handling other trademark matters.

Article 8 Applications for trademark registration and other relevant documents submitted by means of data messages as provided for in Article 22 of the Trademark Law shall be submitted via the Internet in accordance with the provisions of the Trademark Office or the Trademark Review and Adjudication Board.

Article 9 Except for the circumstances provided for in Article 18 of these Regulations, where the parties submit the documents or materials to the Trademark Office or the Trademark Review and Adjudication Board on the date of direct submission, the date of submission shall prevail; If sent by post, the date of postmark shall prevail; If the date of the postmark is not clear or there is no postmark, the date of actual receipt by the Trademark Office or the Trademark Review and Adjudication Board shall prevail, except that the parties can present evidence of the actual date of the postmark. If it is submitted by express delivery enterprises other than postal enterprises, the date of receipt and delivery shall prevail; If the date of receipt and Posting is not clear, the actual date of receipt shall prevail by the Trademark Office or the Trademark Review and Adjudication Board, except that the parties can present evidence of the actual date of receipt and Posting. If it is submitted by means of a data message, the date on which it enters the electronic system of the Trademark Office or the Trademark Review and Adjudication Board shall prevail.

The parties concerned shall use certified mail to mail documents to the Trademark Office or the Trademark Review and Adjudication Board.

Where the parties submit documents to the Trademark Office or the Trademark Review and Adjudication Board in written form, the archives and records kept by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; Where it is submitted by means of data messages, the database records of the Trademark Office or the Trademark Review and Adjudication Board shall prevail, except where the parties have evidence to prove that there are errors in the archives or database records of the Trademark Office or the Trademark Review and Adjudication Board.

Article 10 The documents of the Trademark Office or the Trademark Review and Adjudication Board may be served on the parties by post, direct submission, electronic message or any other means. Where a party is served by means of a data message, the consent of the party shall be obtained. Where a party entrusts a trademark agency, the documents served on the trademark agency shall be deemed to have been served on the party.

The date on which the Trademark Office or the Trademark Review and Adjudication Board serves various documents to the parties concerned, if mailed, the date of postmark received by the parties shall prevail; If the date of the postmark is not clear or there is no postmark, the document shall be deemed to have been served on the party after 15 days from the date of issuance, unless the party can prove the actual date of receipt; For direct submission, the date of submission shall prevail; Where the document is served by means of a data message, it shall be deemed to have been served on the party 15 days after the date of issuance of the document, unless the party can prove the date on which the document entered its electronic system. If the document cannot be served by the above means, it may be served by public announcement, and the document shall be deemed to have been served on the party after the expiration of 30 days from the date of publication of the announcement.

Article 11 The following periods shall not be included in the trademark examination and trial period:

(1) the trademark Office, the Trademark Review and Adjudication Board document announcement service period;

(2) the period during which the parties need to supplement evidence or correct documents, and the period during which the parties need to make a new defense because of the change of the parties;

(3) on the same day the application to submit evidence of use and consultation, drawing the necessary period;

(4) the period of waiting for the priority to be determined;

(5) during the examination and hearing process, the period of waiting for the hearing result of the prior rights case at the request of the applicant.

Article 12 Except for the circumstances provided for in paragraph 2 of this Article, the date on which the various time limits stipulated in the Trademark Law and these Regulations begin shall not be counted as a time limit. Where a time limit is calculated in years or months, the corresponding day of the last month of the time limit shall be the day on which the time limit expires; If there is no corresponding day in that month, the time limit shall expire on the last day of that month; If a time limit expires on a holiday, it shall expire on the first working day after the holiday.

The period of validity of a registered trademark as provided for in Articles 39 and 40 of the Trademark Law shall be counted from the statutory date. The period shall expire on the day preceding the corresponding day in the last month of the time limit. If there is no corresponding day in that month, the period shall expire on the last day of that month.

Chapter II Application for Trademark registration

Article 13 An application for trademark registration shall be filed in accordance with the published classification of goods and services. For each trademark registration application, one application for Trademark Registration and one trademark pattern shall be submitted to the Trademark Office. To apply for trademark registration by color combination or coloring pattern, shall submit coloring pattern, and submit a black and white draft; If no color is specified, black and white drawings shall be submitted.

The trademark pattern should be clear, easy to paste, printed with clean and durable paper or replaced with photos, the length and width should not be more than 10 cm, not less than 5 cm.

Where a three-dimensional mark is applied for trademark registration, a declaration shall be made in the application, explaining how the trademark is to be used, and a drawing which can determine the three-dimensional shape shall be submitted, and the drawing of the trademark submitted shall contain at least three views.

Where an application for trademark registration is made by means of color combination, a declaration shall be made in the application to explain the use of the trademark.

An application for trademark registration with a sound sign shall be declared in the application, a sound sample meeting the requirements shall be submitted, a description of the sound trademark applied for registration shall be given, and the use of the trademark shall be explained. To describe a sound trademark, the sound applied for use as a trademark shall be described with a staff or simple notation and accompanied by a written description; If it cannot be described by staff or simple notation, it shall be described in words; The trademark description should match the sound sample.

An application for the registration of a collective trademark or certification mark shall be declared in the application, and the subject qualification certification documents and rules for the use of management shall be submitted.

Where the trademark is in a foreign language or contains a foreign language, the meaning shall be stated.

Article 14 In applying for trademark registration, the applicant shall submit his/her identity certificate. The name of the applicant for trademark registration shall be consistent with the supporting documents submitted.

The provisions of the preceding paragraph on the applicant's submission of his/her identity documents shall apply to the handling of other trademark matters such as alteration, transfer, renewal, objection and cancellation submitted to the Trademark Office.

Article 15 Names of commodities or services shall be filled in according to the category number and name in the classification table of commodities and services; Where the name of a commodity or service item is not included in the classification of commodities and services, a description of the commodity or service shall be attached.

Where an application for trademark registration and other relevant documents are filed in paper form, they shall be typed or printed.

The provisions of paragraph 2 of this Article shall apply to the handling of other trademark matters.

Article 16 Where a joint application is made for the registration of the same trademark or for other matters concerning a common trademark, a representative shall be designated in the application; If no representative is designated, the first person listed in the order in the application form shall be the representative.

The documents of the Trademark Office and the Trademark Review and Adjudication Board shall be served on the representative.

Article 17 Where an applicant changes its name, address, agent or recipient of a document or deletes a specified commodity, it shall go through the formalities for such change with the Trademark Office.

Where the applicant transfers his application for trademark registration, he shall go through the transfer formalities with the Trademark Office.

Article 18 The date of application for trademark registration shall be the date on which the Trademark Office receives the application documents.

Where the application procedures for trademark registration are complete, the application documents are filled out in accordance with the provisions and the fees are paid, the Trademark Office shall accept the application and notify the applicant in writing; Where the application procedures are not complete, the application documents are not filled out in accordance with the provisions or the fees are not paid, the Trademark Office will not accept the application, notify the applicant in writing and explain the reasons. The application procedures are basically complete or the application documents are basically in compliance with the provisions, but need to be corrected, the Trademark Office notify the applicant to make corrections, within 30 days from the date of receipt of the notice, in accordance with the specified content and return to the Trademark Office. If it is corrected and returned to the Trademark Office within the prescribed time limit, the application date shall be retained; The trademark Office shall not accept the application and notify the applicant in writing.

The provisions of paragraph 2 of this Article on the conditions of acceptance shall apply to the handling of other trademark matters.

Article 19 Where two or more applicants apply on the same day for registration of identical or similar trademarks in respect of the same kind of goods or similar goods, each applicant shall, within 30 days from the date of receipt of the notification from the Trademark Office, submit evidence of prior use of the trademark before the application for registration. If the application is used on the same day or neither is used, each applicant may, within 30 days from the date of receipt of the notification from the Trademark Office, negotiate on its own and submit a written agreement to the Trademark Office; If the applicant is unwilling to negotiate or fails to negotiate, the Trademark Office shall notify each applicant to determine an applicant by drawing lots and reject the registration applications of others. Where the Trademark Office has notified but the applicant has not participated in the lottery, the application shall be deemed abandoned, and the Trademark Office shall notify the applicant who has not participated in the lottery in writing.

Article 20 Where a right of priority is claimed in accordance with the provisions of Article 25 of the Trademark Law, the copy of the application documents submitted by the applicant for trademark registration for the first time shall be certified by the trademark competent authority handling the application, and the date and number of the application shall be indicated.

Chapter III Examination of trademark registration applications

Article 21 The Trademark Office shall examine the applications for trademark registration received in accordance with the relevant provisions of the Trademark Law and these Regulations, and shall give a preliminary examination and approval to any application for the registration of a trademark or for the use of a trademark on some of the designated goods. Where an application for the registration of a trademark on some of the designated goods does not comply with the provisions, it shall be rejected or the application for the registration of a trademark on some of the designated goods shall be rejected, and the applicant shall be notified in writing with reasons.

Article 22 Where the Trademark Office rejects an application for the registration of a trademark in respect of some specified goods, the applicant may divide the part of the application preliminarily approved in the application into another application, and the application after segmentation shall retain the filing date of the original application.

Where division is required, the applicant shall file an application for division with the Trademark Office within 15 days from the date of receipt of the Notice of Partial Rejection of the Trademark Registration Application from the Trademark Office.

After receiving the application for division, the Trademark Office shall divide the original application into two pieces, generate a new application number for the preliminary approval of the divided application, and publish it.

Article 23 In accordance with the provisions of Article 29 of the Trademark Law, where the Trademark Office considers that it is necessary to explain or amend the contents of the application for trademark registration, the applicant shall make such explanation or amendment within 15 days from the date of receipt of the notification from the Trademark Office.

Article 24 Where an opponent is filed against a trademark that has been published after preliminary examination and approval by the Trademark Office, the opponent shall submit the following trademark objection materials to the Trademark Office in duplicate and marked with original and duplicate copies:

(1) Application for trademark opposition;

(2) The identity certificate of the opponent;

(3) Where an objection is filed on the grounds of violation of the provisions of Article 13, paragraph 2 and paragraph 3, Article 15, paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of the Trademark Law, the opponent shall be the prior right holder or interested party's proof.

The application for trademark opposition shall have a clear request and factual basis, and the relevant evidentiary materials shall be attached.

Article 25 After receiving the application for trademark opposition, the Trademark Office shall, upon examination, accept the application if it meets the conditions for acceptance, and issue a notice of acceptance to the applicant.

Article 26 Where an application for trademark opposition is under any of the following circumstances, the Trademark Office shall not accept the application and shall notify the applicant in writing and state the reasons:

(1) It is not submitted within the statutory time limit;

(2) The principal qualification of the applicant and the reasons for objection do not comply with the provisions of Article 33 of the Trademark Law;

(3) There is no clear reason, facts or legal basis for the objection;

(4) Where the same opponent files another application for opposition to the same trademark on the same grounds, facts and legal basis.

Article 27 The Trademark Office shall send a copy of the trademark objection materials to the person against whom the objection is filed in a timely manner, and limit the person to reply within 30 days from the date of receipt of the copy of the trademark objection materials. If the respondent does not reply, the decision of the Trademark Office shall not be affected.

If a party needs to supplement relevant evidentiary materials after filing an application for opposition or defense, it shall declare it in the application for trademark opposition or defense, and submit it within 3 months from the date of filing the application for trademark opposition or defense. If the documents are not submitted at the expiration of the time limit, the parties shall be deemed to have given up supplementing the relevant evidentiary materials. However, if the evidence generated after the expiration of the term or the parties have other legitimate reasons for failing to submit before the expiration of the term, the Trademark Office may submit the evidence to the other party and cross-examine the evidence.

Article 28 The "decision not to register" mentioned in Article 35, paragraph 3, and Article 36, paragraph 1 of the Trademark Law includes the decision not to register some specified commodities.

Where the registration announcement of the trademark against which the opposition is opposed has been published before the Trademark Office makes the decision on granting or refusing registration, the registration announcement shall be revoked. If the objection is not established after examination and registration is granted, a new announcement shall be made after the decision to grant registration takes effect.

Article 29 Where an applicant for trademark registration or a trademark registrant files an application for correction in accordance with Article 38 of the Trademark Law, an application for correction shall be submitted to the Trademark Office. If the conditions for correction are met, the relevant contents shall be corrected after approval by the Trademark Office; If the conditions for correction are not met, the Trademark Office shall not approve, notify the applicant in writing and explain the reasons.

Where the announcement of preliminary examination and approval or registration of a trademark has been published has been corrected, the announcement of correction shall be published.

Chapter IV Alteration, assignment and renewal of registered trademarks

Article 30 Where the name, address or any other registered matter of a trademark registrant is changed, an application for the change shall be submitted to the Trademark Office. Where the name of a trademark registrant is changed, a certificate of change issued by the relevant registration authority shall also be submitted. If approved by the Trademark Office, it shall issue the corresponding certificate to the trademark registrant and make a public announcement; If no approval is granted, the applicant shall be notified in writing and the reasons shall be explained.

Where the name or address of a trademark registrant is changed, the trademark registrant shall change all its registered trademarks at the same time; If the amendment is not made together, the Trademark Office shall notify it of the correction within a time limit; If no correction is made within the time limit, the application for alteration shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.

Article 31 Where a registered trademark is assigned, the assignor and the assignee shall submit an application for assignment of the registered trademark to the Trademark Office. The application formalities for the assignment of a registered trademark shall be handled jointly by the assignor and the assignee. Where the Trademark Office approves the application for assignment of a registered trademark, it shall issue the assignee the corresponding certificate and make a public announcement.

Where a registered trademark is assigned and the trademark registrant does not assign the same or similar trademarks registered on the same or similar goods at the same time, the Trademark Office shall notify the registrant of the assignment within a time limit; Where no correction is made at the expiration of the time limit, the application for assignment of the registered trademark shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.

Article 32 Where the right to exclusive use of a registered trademark is transferred for reasons other than the transfer of the right to exclusive use of a registered trademark, such as inheritance, the party accepting the right to exclusive use of the registered trademark shall, with the relevant supporting documents or legal documents, go through the formalities for the transfer of the right to exclusive use of the registered trademark.

Where the right to exclusive use of a registered trademark is transferred, the same or similar trademarks registered by the owner on the same or similar goods shall be transferred together; If not transferred together, the Trademark Office shall notify it of correction within a time limit; Where no correction is made at the expiration of the time limit, the application for the transfer of the registered trademark shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.

If the application for trademark transfer is approved, it shall be published. The party who accepts the transfer of the right to exclusive use of the registered trademark shall enjoy the right to exclusive use of the trademark from the date of the announcement.

Article 33 Where a registered trademark needs to be renewed, an application for renewal of trademark registration shall be submitted to the Trademark Office. Where the Trademark Office approves the application for renewal of trademark registration, it shall issue the corresponding certificate and publish it.

Chapter V International Registration of trademarks

Article 34 International registration of trademarks as provided for in Article 21 of the Trademark Law, Means the Madrid international registration of marks in accordance with the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement), the Protocol relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Protocol) and the Madrid Agreement on the International Registration of Marks and the Common Rules for the Implementation of the Protocol relating to that Agreement.

Applications for the international registration of trademarks in Madrid include applications for the international registration of trademarks with China as the country of origin, applications for the designation of territorial extension in China and other relevant applications.

Article 35. Any applicant who applies for international registration of a trademark in China as its country of origin shall have a real and effective office of business in China, or domicile in China, or possess Chinese nationality.

Article 36 An applicant who complies with the provisions of Article 35 of these Regulations and whose trademark has been registered with the Trademark Office may apply for the international registration of the trademark in accordance with the Madrid Agreement.

An applicant who complies with the provisions of Article 35 of these Regulations and whose trademark has been registered with the Trademark Office or whose application for trademark registration has been filed with the Trademark Office and has been accepted may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 37 Where an application for the international registration of a trademark is filed with China as the country of origin, an application shall be filed with the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) through the Trademark Office.

Where China is the country of origin, the later designation, abandonment or cancellation of the international registration of a trademark related to the Madrid Agreement shall be applied to the International Bureau through the Trademark Office; The assignment, deletion, alteration or renewal of the international registration of a mark in connection with the Madrid Agreement may be applied to the International Bureau through the Trademark Office or directly to the International Bureau.

Where China is the country of origin, the later designation, assignment, deletion, waiver, cancellation, alteration or renewal of the international registration of a mark relating to the Madrid Protocol may be applied to the International Bureau through the Trademark Office or directly to the International Bureau.

Article 38 Where an application is filed with the International Bureau for the international registration of a trademark through the Trademark Office and other relevant applications, an application and relevant materials that meet the requirements of the International Bureau and the Trademark Office shall be submitted.

Article 39 The goods or services specified in the application for the international registration of a trademark shall not exceed the scope of the goods or services specified in the domestic basic application or basic registration.

Article 40 Where the application for international registration of a trademark is incomplete or the application is not filled out in accordance with the provisions, the Trademark Office shall not accept the application, and the application date shall not be reserved.

The application procedures are basically complete or the application is basically in line with the provisions, but it is necessary to make corrections, the applicant shall make corrections within 30 days from the date of receipt of the correction notice, and if the correction is not made within the time limit, the Trademark Office will not accept the application and notify the applicant in writing.

Article 41 Whoever applies to the International Bureau for the international registration of a trademark through the Trademark Office and handles other relevant applications shall pay fees in accordance with the relevant provisions.

The applicant shall pay the fee to the Trademark Office within 15 days from the date of receipt of the notice of payment from the Trademark Office. If no payment is made within the time limit, the Trademark Office shall not accept the application and notify the applicant in writing.

Article 42 The Trademark Office shall, within the rejection period provided for in the Madrid Agreement or the Madrid Protocol (hereinafter referred to as the rejection period), examine the application for the designation of territorial extension of China in accordance with the relevant provisions of the Trademark Law and these Regulations, make a decision, and notify the International Bureau. If the Trademark Office fails to issue a notice of rejection or partial rejection within the time limit for rejection, the application for territorial extension shall be deemed approved.

Article 43 Where an applicant for the designation of territorial extension of China requests the protection of a three-dimensional sign, color combination or sound sign as a trademark, or requests the protection of a collective mark or certification mark, it shall, within three months from the date of registration of the trademark in the International Register of the International Bureau, submit to the Trademark Office the relevant materials provided for in Article 13 of these Regulations through the trademark agency established according to law. If the relevant materials are not submitted within the above time limit, the Trademark Office shall reject the application for the extension of the territory.

Article 44 The World Intellectual Property Organization shall publish matters relating to the international registration of trademarks, and the Trademark Office shall not make any other announcement.

Article 45 With respect to an application for the designation of territorial extension to China, an opponent who meets the conditions specified in Article 33 of the Trademark Law may file an application for opposition with the Trademark Office within three months from the first day of the month following the publication of the International Trademark Announcement of the World Intellectual Property Organization.

Within the rejection period, the Trademark Office shall notify the International Bureau in the form of a rejection decision concerning the application for opposition.

The person against whom the opposition is opposed may, within 30 days from the date of receipt of the rejection notice forwarded by the International Bureau, make a defense, and the defense and relevant evidentiary materials shall be submitted to the Trademark Office through the trademark agency established according to law.

Article 46 An internationally registered trademark that has been protected in China shall be valid from the date of international registration or the date designated at a later date. Before the expiration of the validity period, the registrant may apply to the International Bureau for renewal, and if the application is not renewed within the validity period, a six-month extension may be granted. After receiving the notice of renewal from the International Bureau, the Trademark Office shall examine it in accordance with the law. If the International Bureau notices that the trademark is not renewed, the international registered trademark shall be cancelled.

Article 47 Where a territorial extension of China is designated to apply for assignment, the assignee shall have a real and effective business establishment in the territory of the Contracting Party, or domicile in the territory of the Contracting Party, or be a national of the Contracting Party.

Where the assignor fails to assign its identical or similar trademarks for the same or similar goods or services together, the Trademark Office shall notify the registrant to make corrections within 3 months from the date of the notification; If no correction has been made within the time limit, or the assignment is likely to cause confusion or have other adverse effects, the Trademark Office shall make a decision that the assignment shall be invalid in China and make a statement to the International Bureau.

Article 48 Where an application for the designation of territorial extension in China is processed for deletion, and the deleted goods or services do not meet China's requirements for the classification of goods or services or exceed the scope of the goods or services originally designated, the Trademark Office shall make a decision that the deletion is invalid in China and make a declaration to the International Bureau.

Article 49 An application for cancellation of an internationally registered trademark in accordance with the provisions of paragraph 2 of Article 49 of the Trademark Law shall be filed with the Trademark Office three years after the expiration of the time limit for rejection of the application for international registration of the trademark. Where, at the expiration of the rejection period, the applicant is still in the process of review of rejection or objection, the applicant shall file an application with the Trademark Office three years after the effective date of the decision on approval of registration made by the Trademark Office or the Trademark Review and Adjudication Board.

An application for the invalidation of an internationally registered trademark in accordance with the provisions of paragraph 1 of Article 44 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board after the expiration of the time limit for rejection of the application for international registration of the trademark. Where, at the expiration of the rejection period, the applicant is still in the process of review or objection to the rejection, an application shall be filed with the Trademark Review and Adjudication Board after the decision of approval of registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect.

An application for invalidation of an internationally registered trademark in accordance with the provisions of paragraph 1 of Article 45 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board within five years from the expiration of the time limit for rejection of the application for international registration of the trademark. Where, at the expiration of the rejection period, the applicant is still in the process of reviewing or objecting to the rejection, an application shall be filed with the Trademark Review and Adjudication Board within 5 years from the effective date of the decision to grant registration made by the Trademark Office or the Trademark Review and Adjudication Board. In case of malicious registration, the owner of a well-known trademark is not subject to the time limit of 5 years.

Article 50 The following provisions of the Trademark Law and these Regulations shall not apply to matters related to the international registration of trademarks:

(1) The provisions of Article 28 and Article 35, paragraph 1, of the Trademark Law on the time limit for examination and trial;

(2) Article 22, Article 30, paragraph 2 of these Regulations;

(3) Article 42 of the Trademark Law and Article 31 of these Regulations provide that the assignment of a trademark shall be jointly applied for and handled by the assignor and the assignee.

Chapter VI Trademark review and Adjudication

Article 51 Trademark review and Adjudication means that the Trademark Review and Adjudication Board shall hear matters concerning trademark disputes in accordance with the provisions of Article 34, 35, 44, 45 and 54 of the Trademark Law. When a party applies to the Trademark Review and Adjudication Board for trademark review, it shall have a clear request, facts, reasons and legal basis, and provide corresponding evidence.

The Trademark Review and Adjudication Board shall conduct the review according to the facts and in accordance with the law.

Article 52 The Trademark Review and Adjudication Board shall try a case in which it is not satisfied with the decision of the Trademark Office to reject the application for trademark registration, and shall try the case based on the rejection decision of the Trademark Office and the facts, reasons, requests of the applicant for review and the factual status at the time of review.

Where the Trademark Review and Adjudication Board tries a case of reexamination of the decision of the Trademark Office to reject the application for trademark registration, and finds that the trademark applied for registration violates the provisions of Article 10, Article 11, Article 12 and paragraph 1 of Article 16 of the Trademark Law, and the Trademark Office does not make a decision to reject the application in accordance with the above provisions, it may make a reexamination decision to reject the application in accordance with the above provisions. The Trademark Review and Adjudication Board shall hear the opinions of the applicant before making a decision on reexamination.

Article 53 The Trademark Review and Adjudication Board shall, in hearing a case of reexamination against the decision of the Trademark Office not to register, try the case on the basis of the decision of the Trademark Office not to register, the facts, reasons and requests of the applicant for reexamination and the opinions of the original opponent.

The Trademark Review and Adjudication Board shall notify the original objector to participate in the review of the Trademark Office's decision not to register and make comments. If the opinions of the original opponent have a substantial impact on the outcome of the case, they may be used as a basis for evaluation; The failure of the original opponent to participate in or give his opinion shall not affect the trial of the case.

Article 54 The Trademark Review and Adjudication Board shall, in hearing a case concerning a request for the invalidation of a registered trademark in accordance with the provisions of Articles 44 and 45 of the Trademark Law, conduct the hearing on the basis of the facts, reasons and requests of the parties concerned in their application and defense.

Article 55 The Trademark Review and Adjudication Board shall, in handling a case of review against the decision made by the Trademark Office to invalidate a registered trademark in accordance with the provisions of Article 44, paragraph 1, of the Trademark Law, try the case on the basis of the decision of the Trademark Office and the facts, reasons and requests of the applicant for review.

Article 56 The Trademark Review and Adjudication Board shall try a case of reexamination against the decision of the Trademark Office to revoke or maintain a registered trademark in accordance with the provisions of Article 49 of the Trademark Law, in accordance with the facts, reasons and requests based on the decision of the Trademark Office to revoke or maintain a registered trademark and the parties' application for reexamination.

Article 57 To apply for trademark review and adjudication, an application shall be submitted to the Trademark Review and Adjudication Board, and a corresponding number of copies shall be submitted according to the number of other parties. Where an application for review is made based on the decision of the Trademark Office, a copy of the decision of the Trademark Office shall be attached at the same time.

After receiving the application, the Trademark Review and Adjudication Board shall, upon examination, accept the application if it meets the requirements for acceptance; If the application does not meet the requirements for acceptance, the application shall not be accepted, and the applicant shall be notified in writing with reasons; If a correction is required, the applicant shall make the correction within 30 days from the date of receipt of the notice. If the trademark Review and Adjudication Board still fails to comply with the provisions after correction, the Trademark Review and Adjudication Board shall not accept the application and notify the applicant in writing with reasons; Where no correction is made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

If the Trademark Review and Adjudication Board finds that the application for trademark review and adjudication does not meet the conditions for acceptance, it shall reject it and notify the applicant in writing with reasons.

Article 58 After accepting an application for trademark review and Adjudication, the Trademark Review and Adjudication Board shall send a copy of the application to the other party in a timely manner, and limit it to reply within 30 days from the date of receipt of the copy of the application. Where no reply is made at the expiration of the time limit, the review and adjudication by the Trademark Review and Adjudication Board shall not be affected.

Article 59 Where a party needs to supplement relevant evidentiary materials after filing an application for evaluation or defense, it shall declare it in the application or defense, and submit it within three months from the date of submission of the application or defense. Failure to submit relevant evidentiary materials at the expiration of the time limit shall be deemed to have been abandoned. However, if the evidence generated after the expiration of the time limit or the party fails to submit before the expiration of the time limit for other legitimate reasons, the Trademark Review and Adjudication Board may submit the evidence to the other party and cross-examine the evidence.

Article 60 The Trademark Review and Adjudication Board may, at the request of the parties or according to their actual needs, decide to conduct an oral hearing of the application for review and adjudication.

Where the Trademark Review and Adjudication Board decides to conduct an oral hearing of the application for review, it shall notify the parties in writing 15 days before the oral hearing, informing them of the date and place of the oral hearing and the assessor. The parties shall reply within the time limit specified in the notice.

If the applicant does not reply or participate in the oral hearing, its application for review shall be deemed withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; If the respondent does not reply or participate in the oral hearing, the Trademark Review and Adjudication Board may review the case in absentia.

Article 61 Before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may, in writing, request the Trademark Review and Adjudication Board to withdraw the application and explain the reasons. Where the Trademark Review and Adjudication Board considers that the application can be withdrawn, the review and adjudication procedures shall be terminated.

Article 62 Where an applicant withdraws an application for trademark review and adjudication, it may not file another application for review and adjudication based on the same facts and reasons. Where the Trademark Review and Adjudication Board has made a ruling or decision on an application for trademark review and adjudication, no one may file another application for review and adjudication based on the same facts and reasons. However, the registered trademark shall be declared invalid unless it is filed with the Trademark Review and Adjudication Board after the registration has been approved through the review procedure for non-registration.

Chapter VII Administration of Trademark use

Article 63 In using a registered trademark, a "registered trademark" or a registration mark may be indicated on the goods, the package, the instruction manual or any other object attached to the goods.

Registration marks include and ®. The use of registration marks shall be marked on the upper right or lower right corner of the trademark.

Article 64 Where the Trademark Registration Certificate is lost or damaged, an application for reissuing the Trademark Registration Certificate shall be submitted to the Trademark Office. Where the Trademark Registration Certificate is lost, a loss declaration shall be published in the Trademark Announcement. The damaged Trademark Registration Certificate shall be returned to the Trademark Office when the application for replacement is submitted.

Where the trademark registrant needs the Trademark Office to issue a certificate of change, transfer or renewal of the trademark, issue a certificate of trademark registration, or the trademark applicant needs the Trademark Office to issue a certificate of priority, it shall submit the corresponding application to the Trademark Office. If the requirements are met, the Trademark Office shall issue corresponding certificates; Does not meet the requirements, the trademark office will not handle, notify the applicant and inform the reasons.

Whoever forges or alters the Trademark Registration Certificate or other trademark certification documents shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of forging or altering certificates of State organs or other crimes.

Article 65 Where a registered trademark as provided for in Article 49 of the Trademark Law has become a generic name for goods approved for use by it, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark, and evidence materials shall be attached to the application. After acceptance, the Trademark Office shall notify the trademark registrant and limit it to reply within 2 months from the date of receipt of the notice. Where no reply is made at the expiration of the time limit, the decision of the Trademark Office shall not be affected.

Article 66 Where a registered trademark as provided for in Article 49 of the Trademark Law has not been used for three consecutive years without justifiable reasons, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark, and shall state the relevant circumstances when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant and limit it to submit within two months from the date of receipt of the notice the evidentiary materials of the use of the trademark prior to the filing of the application for cancellation or to explain the legitimate reasons for not using the trademark; Where the evidentiary materials used are not provided at the expiration of the time limit or the evidentiary materials are invalid and without valid reasons, the Trademark Office shall cancel its registered trademark.

The evidentiary materials used in the preceding paragraph include the evidentiary materials of the trademark registrant's use of the registered trademark and the evidentiary materials of the trademark registrant's permission to others to use the registered trademark.

Where an application for revocation of a registered trademark is made on the grounds of non-use for three consecutive years without justifiable reasons, an application shall be filed three years after the date of the announcement of the registration of the registered trademark.

Article 67 The following circumstances shall be justified as provided for in Article 49 of the Trademark Law:

(1) Force majeure;

(2) Government policy restrictions;

(3) Bankruptcy liquidation;

(4) Other legitimate causes not attributable to the trademark registrant.

Article 68 Where the Trademark Office or the Trademark Review and Adjudication Board revokes or invalidates a registered trademark, and the reasons for the cancellation or invalidation apply only to a part of the specified goods, the registration of a trademark used in respect of that part of the specified goods shall be revoked or invalidated.

Article 69 Where another party is licensed to use its registered trademark, the licensor shall, within the term of validity of the license contract, file a record with the Trademark Office and submit the materials for filing. The filing materials shall state the licensor, licensee, license term, and scope of goods or services licensed to use the registered trademark.

Article 70 Where the right to exclusive use of a registered trademark is pledged, the pledgor and the pledgee shall sign a written pledge contract and jointly file an application for registration of pledge with the Trademark Office, which shall be published by the Trademark Office.

Article 71 Whoever violates the provisions of paragraph 2 of Article 43 of the Trademark Law shall be ordered by the administrative department for industry and commerce to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to stop selling; those who refuse to stop selling shall be imposed a fine of not more than 100,000 yuan.

Article 72 Where a trademark holder requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he may file a request with the administrative department for industry and commerce. Where the trademark Office determines that the trademark is a well-known trademark in accordance with Article 14 of the Trademark Law, the administrative department for industry and commerce shall order it to stop the use of the trademark in violation of Article 13 of the Trademark Law, and to collect and destroy the trademark sign that is illegally used; If the trademark logo is difficult to separate from the commodity, it shall be confiscated and destroyed together.

Article 73 Where a trademark registrant applies for the cancellation of its registered trademark or for the cancellation of the registration of its trademark on some specified goods, it shall submit an application for the cancellation of the trademark to the Trademark Office and return the original Certificate of Trademark Registration.

Where a trademark registrant applies for the cancellation of its registered trademark or the registration of its trademark in respect of some of the designated commodities, and the cancellation is approved by the Trademark Office, the exclusive right to use the registered trademark or the effect of the exclusive right to use the registered trademark in respect of the designated commodities shall cease from the date on which the Trademark Office receives the application for cancellation.

Article 74 Where a registered trademark is revoked or cancelled in accordance with the provisions of Article 73 of these Regulations, the original Trademark Registration Certificate shall be invalidated and it shall be published. Where the registration of the trademark on some of the designated commodities is revoked, or the trademark registrant applies for the cancellation of the registration of his trademark on some of the designated commodities, the Trademark Registration Certificate shall be issued again and published.

Chapter VIII Protection of the exclusive right to use registered trademarks

Article 75 The provision of warehousing, transportation, mailing, printing, concealment, business premises, online commodity trading platforms, etc. for infringing another person's exclusive right to use a trademark shall be the provision of convenient conditions as provided for in Article 57, paragraph 6, of the Trademark Law.

Article 76 Where a sign identical with or similar to another person's registered trademark is used as a commodity name or decoration on the same or similar commodities to mislead the public, it shall be an act of infringement of the exclusive right to use a registered trademark as provided for in paragraph 2 of Article 57 of the Trademark Law.

Article 77 Any person may file a complaint or report to the administrative department for industry and commerce regarding any infringement of the exclusive right to use a registered trademark.

Article 78 In calculating the amount of illegal operations provided for in Article 60 of the Trademark Law, the following factors may be taken into account:

(1) the selling price of the infringing commodity;

(2) price of infringing goods not sold;

(3) the average price of the actual sale of the infringing goods has been ascertained;

(4) the intermediate market price of the infringed commodity;

(5) the business income generated by the infringer due to the infringement;

(6) other factors that can reasonably calculate the value of the infringing goods.

Article 79 The following circumstances belong to the circumstances provided for in Article 60 of the Trademark Law that can prove that the commodity is legally acquired by oneself:

(1) There is a supply list and payment receipt legally signed by the supplier and verified by the supplier or approved by the supplier;

(2) There is a purchase contract signed by both parties and verified to have been truly performed;

(3) There is a legal purchase invoice and the items recorded in the invoice correspond to the commodities involved;

(4) Other circumstances that can prove lawful acquisition of the commodities involved.

Article 80 Where a person sells a commodity that he does not know infringes upon the exclusive right to use a registered trademark and can prove that he has lawfully obtained the commodity and has identified the supplier, the administrative department for industry and commerce shall order him to stop selling the commodity and shall report the case to the administrative department for industry and commerce in the place where the supplier of the infringing commodity is located.

Article 81 Where the ownership of the registered trademark involved is being tried by the Trademark Office, the Trademark Review and Adjudication Board or a lawsuit in a people's court, and the outcome of the case may affect the characterization of the case, there is a dispute over the ownership of the trademark as provided for in paragraph 3 of Article 62 of the Trademark Law.

Article 82 In the course of investigating and handling trademark infringement cases, the administrative department for industry and commerce may require the right holder to identify whether the commodities involved are produced by the right holder or the products licensed to be produced by the right holder.

Chapter IX Trademark Agency

Article 83 The term "trademark agency" as used in the Trademark Law means accepting the entrustment of a client and handling trademark registration applications, trademark review and adjudication or other trademark matters in the name of the client.

Article 84 The term "trademark agency" as used in the Trademark Law includes a service agency and a law firm engaged in trademark agency business registered by the administrative department for industry and commerce.

Where a trademark agency is engaged in the agency business of trademark matters under the authority of the Trademark Office and the Trademark Review and Adjudication Board, it shall file a record with the Trademark Office in accordance with the following provisions:

(1) The certificate of registration submitted to the administrative department for industry and commerce for examination or the certificate of approval of the establishment of a law firm by the judicial administrative department and the copy thereof shall be retained;

(2) Submit the trademark agency's name, address, responsible person, contact information and other basic information;

(3) To submit a list of trademark agency practitioners and contact information.

The administrative department for industry and commerce shall establish a trademark agency credit file. Where a trademark agency violates the provisions of the Trademark Law or these Regulations, the Trademark Office or the Trademark Review and Adjudication Board shall make a public notification and record it in its credit file.

Article 85 The term "trademark agency practitioners" as used in the Trademark Law refers to the staff members engaged in trademark agency business in trademark agency offices.

No trademark agent shall accept the entrustment in his own name.

Article 86 The relevant application documents submitted by the trademark agency to the Trademark Office and the Trademark Review and Adjudication Board shall be stamped with the official seal of the agency and signed by the relevant trademark agency practitioners.

Article 87 The Trademark Office shall not accept an application for registration of any trademark other than the trademark agency or the assignment of its agency services.

Article 88 The following acts are acts of disturbing the order of the trademark agency market by other improper means as provided for in paragraph 1 (2) of Article 68 of the Trademark Law:

(1) soliciting business by means of fraud, false publicity, misleading or commercial bribery;

(2) concealing facts or providing false evidence, or threatening or inducing others to conceal facts or provide false evidence;

(3) accepting entrustment from both parties with conflicts of interest in the same trademark case.

Article 89 Where a trademark agency commits an act as provided for in Article 68 of the Trademark Law, the administrative department for industry and commerce at or above the county level in the place where the perpetrator is located or where the illegal act occurs shall investigate and punish it and notify the Trademark Office of the investigation and punishment.

Article 90 Where the Trademark Office and the Trademark Review and Adjudication Board stop accepting the trademark agency's trademark agency business in accordance with Article 68 of the Trademark Law, they may make a decision to stop accepting the trademark agency's trademark agency business for more than 6 months or even permanently. At the end of the period of suspension of acceptance of trademark agency business, the Trademark Office and the Trademark Review and Adjudication Board shall resume acceptance.

The decision of the Trademark Office or the Trademark Review and Adjudication Board to stop or resume the acceptance of the trademark agency shall be announced on its website.

Article 91 The administrative department for industry and commerce shall strengthen its supervision and guidance over trademark agency trade organizations.

Chapter X Supplementary Provisions

Article 92 A service mark continuously used until July 1, 1993, which is identical with or similar to a registered service mark of another person for the same or similar services, may continue to be used; However, if the use is suspended for more than three years after July 1, 1993, it shall not be continued.

A trademark that has been continuously used until the date on which the Trademark Office first accepts the newly liberalized goods or services, and is identical with or similar to a registered trademark of another person on the same or similar goods or services under the newly liberalized goods or services, may continue to be used; However, if the use is suspended for more than three years after the date of the first acceptance, the use shall not be continued.

Article 93 The classification list of goods and services for the purpose of trademark registration shall be formulated and published by the Trademark Office.

The forms of documents for applying for trademark registration or handling other trademark matters shall be formulated and published by the Trademark Office and the Trademark Review and Adjudication Board.

The review and adjudication rules of the Trademark Review and Adjudication Board shall be formulated and promulgated by the administrative department for industry and commerce under The State Council.

Article 94 The Trademark Office shall set up a Trademark Register to record registered trademarks and related registration matters.

Article 95 The Trademark Registration Certificate and relevant certificates are the proof that the right holder enjoys the exclusive right to use a registered trademark. The registration items recorded in the Trademark Registration Certificate shall be consistent with the Trademark Register; Where the records are inconsistent, the Trademark Register shall prevail unless there is evidence to prove that there is a mistake in the Trademark Register.

Article 96 The Trademark Office shall issue the Trademark Announcement and publish trademark registration and other related matters.

The Trademark Announcement shall be issued in paper or electronic form.

Except for the service of the announcement, the contents of the announcement shall be deemed to have been known or should be known to the public from the date of publication.

Article 97 When applying for trademark registration or handling other trademark matters, a fee shall be paid. The items and standards for payment of fees shall be formulated separately by the financial department under The State Council and the competent pricing department under The State Council.

Article 98 These Regulations shall come into force as of May 1, 2014.