Rules for the Implementation of Trademark Law of the People's Republic of China (1983)-Ttrademark-Shenzhen deep trust patent Agency Co., LTD

Rules for the Implementation of Trademark Law of the People's Republic of China (1983)

Release Time：

2015-09-14

Rules for the Implementation of Trademark Law of the People's Republic of China

(Promulgated by The State Council on March 10, 1983)

Article 1 These Rules are formulated in accordance with the provisions of Article 42 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Article 2 Any applicant applying for trademark registration must be an enterprise, institution or individual industrial and commercial enterprise registered according to law, or a foreign national or foreign enterprise as provided for in Article 9 of the Trademark Law.

Article 3 An application for trademark registration shall be filed separately according to the classification of commodities, and one application for trademark registration (Form 1) and ten trademark drawings shall be submitted for each trademark application (if the color is specified, a coloring drawing and a black and white ink draft of the trademark shall be submitted).

The trademark pattern shall be printed on clean and durable paper, and shall not exceed 10 cm in length and width. Hard, plastic and other cannot be pasted, should be printed or drawn on paper drawings or photographs instead.

Article 4 A registered trademark must be used for a drug.

To apply for the registration of a drug trademark, a certificate of approval for production from the health department or bureau of the province, autonomous region or municipality directly under the Central Government shall be attached.

Article 5 The date of application for trademark registration shall be the date on which the Trademark Office receives the application form. If the application procedures are incomplete, the application shall be returned and the application date shall not be retained.

Where two or more applicants apply on the same day for identical or similar trademarks for the same kind of goods or similar goods, each applicant shall, in accordance with the notice of the Trademark Office, submit a certificate of the date of first use of the said trademark within a specified time limit. If they are used on the same day or both are not used, negotiations shall be conducted; If no agreement can be reached after 30 days of consultation, the Trademark Office shall make a ruling.

Article 6 The Trademark Office shall set up a "trademark register" to record registered trademarks and related registered matters.

Article 7 To apply for the change of the name of the registrant, each trademark application shall be submitted to the registered trademark change of the name of the registrant application (Form 2), a certificate of the change of the name of the registrant, and return the original registration certificate. After approval by the Trademark Office, the original certificate shall be returned with a note and published.

Where the address of the registrant is changed, an application for changing the address of the registrant of the registered trademark (Form 3) shall be submitted.

Article 8 Where a registered trademark is used, the words "registered trademark" shall be indicated, or the note shall be marked with an ○ or ® mark.

Article 9 Where an application for a trademark is rejected, the Trademark Office shall issue a notice of rejection to the applicant and send a copy to the verification and transfer unit.

Article 10 Where a request for reexamination of a rejected trademark is made, an application for reexamination of the rejected trademark (Form IV) shall be submitted to the Trademark Review and Adjudication Board.

Article 11 Where an objection is raised to a trademark that has been published after preliminary examination and approval by the Trademark Office, one copy of each of the trademark objection (Form V) shall be submitted to the Trademark Office.

Where a party is not satisfied with the ruling of opposition of the Trademark Office and applies to the Trademark Review and Adjudication Board for review, it shall submit one copy of each application for review of trademark opposition (Form VI).

Article 12 A dispute over a registered trademark shall be submitted to the Trademark Review and Adjudication Board in one copy of the application for Adjudication of the registered trademark dispute (Form 7).

Article 13 An application for trademark renewal registration shall be submitted for each trademark application one application for trademark renewal registration (Form 8), five copies of the trademark pattern, and the original registration certificate. After approval by the Trademark Office, the original certificate shall be returned with a note and published.

Article 14 Where an application for the assignment of a registered trademark is filed, an application for the assignment of a registered trademark (Form IX) shall be submitted for each trademark application, and the original registration certificate shall be returned. After approval by the Trademark Office, the original certificate shall be issued to the assignee and published.

Article 15 Where a trademark registration certificate is lost or damaged, an application for reissuing the trademark registration certificate (Form 10) and five copies of the trademark drawing shall be submitted.

Article 16 The application for trademark registration, transfer registration, renewal of registration, change of the name and address of the registrant, reissue of registration certificate and other related matters shall be approved by the local administrative department for industry and commerce. The applicant shall submit the copy to the department for verification and transfer.

Article 17 All documents and fees required for applying for trademark registration and handling other trademark matters shall be prepared at the time of application in accordance with the provisions of these Rules, otherwise they will not be accepted.

Article 18 Where a trademark registrant permits another person to use its registered trademark to sign a trademark licensing contract, in addition to filing the trademark licensing contract with the Trademark Office, a separate copy shall be submitted to the administrative department for industry and commerce where the parties are located for checking.

Article 19 The administrative departments for industry and commerce at all levels shall, through trademark administration, supervise the quality of commodities, mainly in the field of commodity circulation, and cooperate with the relevant departments. Where a trademark is used on a commodity that is shoddily manufactured, shoddy or deceiving consumers, the case shall be dealt with in accordance with Articles 31 and 34 of the Trademark Law.

Article 20 Where any of the acts listed in item (1), (2) or (3) of Article 30 of the Trademark Law is committed, the local administrative department for industry and commerce shall notify the trademark registrant to make corrections.

Where an act is committed in item (4) of Article 30 of the Trademark Law, the local administrative department for industry and commerce shall report to the Trademark Office to revoke its registered trademark. The use of trademarks, including for advertising or exhibitions.

Article 21 In accordance with the provisions of Article 31 and Article 34 (3) of the Trademark Law, where a commodity in which a trademark is used has been made in a shoddy manner or has been used in a manner that defrauds consumers, the local administrative department for industry and commerce may take the following actions:

(1) If the circumstances are minor, conduct criticism and education, and order correction within a time limit;

(2) If the circumstances are serious, a review shall be ordered and notified, or a fine of not more than 2,000 yuan shall be imposed. Where a registered trademark is used, it may also apply to the Trademark Office for cancellation of its registered trademark.

Article 22 Where the provisions of Article 5 of the Trademark Law are violated, the local administrative department for industry and commerce shall prohibit the sale of its commodities on the market, stop advertising and publicity, seal up or confiscate the remaining signs of its unregistered trademark, order it to apply for registration within a time limit, and may concurrently impose a fine of not more than 1,000 yuan.

Article 23 Where a party commits any of the acts listed in item (1) or (2) of Article 34 of the Trademark Law, the local administrative department for industry and commerce shall prohibit the sale of its commodities on the market, stop advertising and publicity, seal up or collect the remaining trademarks and signs thereof, and order it to make corrections within a time limit; Depending on the circumstances, a notification may be made or a fine of not more than 2,000 yuan may be imposed.

Article 24 In accordance with the provisions of Article 39 of the Trademark Law, where the right to exclusive use of a registered trademark is infringed, the infringed may request the administrative department for industry and commerce at or above the county level where the infringer is located to deal with the matter, or may directly bring a suit before the people's court having jurisdiction.

When accepting a case of infringement of the exclusive right to use a registered trademark, the local administrative department for industry and commerce shall, if the infringement has constituted an act of infringement, order it to immediately stop the infringing act and seal up or collect the trademark sign; Remove trademarks from existing goods or packaging; Notify according to the circumstances; Where the infringed party claims for compensation, it shall be ordered to make compensation according to law; If the circumstances are serious, a fine of not more than 5,000 yuan may also be imposed.

Article 25 If the party concerned refuses to accept the decision on fine made by the local administrative department for industry and commerce in accordance with items (2), 22, 23 or 24 of Article 21 of these Rules, he may, within 15 days from receipt of the notice, bring a suit in a people's court; Where neither a suit is brought nor performance is fulfilled within the time limit, the local administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Article 26 Where counterfeiting a registered trademark of another person, including manufacturing or selling the mark of another person's registered trademark without authorization, and the circumstances are serious enough to constitute a crime, the infringed person or the government organ, organization, enterprise, institution or citizen may directly bring a complaint or report to the procuratorial organ, which shall handle the case. Where a complaint or report is made to the local administrative department for industry and commerce, the local administrative department for industry and commerce shall transfer the case to the procuratorial organ for handling.

Article 27 In accordance with Articles 21, 22, 35, 36 and 39 of the Trademark Law, the parties concerned shall handle the matter within the prescribed time limit; If there are special reasons, they may apply for an extension twice, and each extension shall not exceed 30 days.

Article 28 Where a trademark registrant applies for cancellation of its registered trademark, or revoking its registered trademark in accordance with the provisions of Articles 29, 30 and 31 of the Trademark Law, the Trademark Office shall cancel or revoke it and publish the cancellation.

Where a trademark registrant is dissatisfied with the decision of the Trademark Office to revoke its registered trademark and applies to the Trademark Review and Adjudication Board for a review, it shall submit an application for review of the cancellation of the registered trademark (Form XI).

Article 29 A foreigner or a foreign enterprise applying for trademark registration shall entrust the China Council for the Promotion of International Trade to be its agent in handling other trademark matters.

Article 30 When applying for trademark registration, transfer registration or renewal registration, a foreigner or a foreign enterprise shall submit, in addition to the required application documents and fees, a power of attorney (Form 12).

The power of attorney shall specify the power of agency and the nationality of the principal.

Article 31 A foreigner or a foreign enterprise applying for trademark registration or for handling other trademark matters shall use the Chinese script.

The power of attorney and relevant certificates shall go through notarization procedures, and the certification shall be handled in accordance with the principle of reciprocity. If it is in a foreign language, a Chinese translation shall be attached.

Article 32 Before the implementation of the Trademark Law, the validity period of the original registered trademark shall remain unchanged; For a registered trademark that has not been verified for a period of validity, its period of validity shall be calculated from the date on which the Trademark Law goes into effect.

Article 33 The specific fee standards for applying for trademark registration and handling other trademark matters shall be formulated by the State Administration for Industry and Commerce.

Article 34 These Rules shall go into effect as of the date of promulgation.

Relevant Content

There is currently no data available

LAWS AND REGULATIONS