LAWS AND REGULATIONS

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

(Approved and revised by The State Council on January 3, 1988 and promulgated by the State Administration for Industry and Commerce on January 13, 1988)  

Chapter I General provisions

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

Article 2 The applicant for trademark registration must be an enterprise or individual industrial and commercial unit that has been registered according to law and can independently bear civil liability, a public institution with the status of a legal person, and a foreigner or foreign enterprise that complies with the provisions of Article 9 of the Trademark Law.

Article 3 The application for trademark registration, transfer registration, renewal of registration, change of the name or address of the registrant, reissue of trademark registration certificate and other related matters shall be approved by the administrative authority for industry and commerce at or above the county level where the applicant is located (hereinafter referred to as the "nuclear transfer authority"), or by an organization designated by the State Administration for Industry and Commerce.

Any foreigner or foreign enterprise applying for trademark registration or handling other trademark matters in China shall be represented by an organization designated by the State Administration for Industry and Commerce.

Article 4 When applying for trademark registration, transfer registration, renewal of registration, alteration, renewal of certification, review and other related matters, fees must be paid in accordance with the provisions.

Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall set up a Trademark Register to record registered trademarks and related registration matters.

The Trademark Office shall compile and issue the Trademark Announcement, which shall publish trademark registration and other related matters.

Article 6 The names of administrative divisions above the county level (including the county level) and foreign geographical names known to the public shall not be used as trademarks.

A trademark that has been approved for registration in the use of the name specified in the preceding paragraph shall remain valid.

Article 7 Registered trademarks must be used for pharmaceuticals and tobacco products for human use as prescribed by the State and promulgated by the State Administration for Industry and Commerce.

The State Administration for Industry and Commerce shall publish other goods for which a registered trademark must be used as prescribed by the State.

Article 8 The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board to make final decisions and rulings on matters of review submitted in accordance with Articles 21, 22, 27 and 35 of the Trademark Law and Article 23 of these Rules.

Chapter II Application for Trademark registration

Article 9 An application for trademark registration shall be filed separately according to the published list of commodity classifications. Each trademark registration application shall be submitted to the Trademark Office a trademark registration application, ten copies of the trademark pattern (designated color of the color of the trademark, shall send ten copies of the color pattern), a black and white ink draft.

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

Article 10 Applications for trademark registration and other relevant documents shall be filled out with pens, writing pens or typewriters. The handwriting should be neat and clear.

The name and stamp of the applicant for trademark registration shall be consistent with the approved or registered name. The declared commodities shall not exceed the approved or registered business scope. The name of the commodity shall be filled in according to the commodity classification table; Where the name of a commodity is not included in the commodity classification table, a commodity description shall be attached.

Article 11 The applicant for registration of a trademark of a drug for use shall attach a Drug Manufacturing Enterprise License or a Drug Trading Enterprise License issued by the administrative department of health.

To apply for trademark registration of cigarettes, cigars and packaged tobacco, a certificate of approval for production by the State competent tobacco authority shall be attached.

To apply for trademark registration of other goods for which the State stipulates that a registered trademark must be used, a certificate of approval from the relevant competent department shall be attached.

Article 12 The date of application for trademark registration shall be the date on which the application is received by the Trademark Office. If the application procedures are complete and the application forms are filled out in accordance with the regulations, the application number shall be assigned; If the application procedures are not complete or the application forms are not filled out in accordance with the provisions, the application shall be returned, and the application date shall not be retained.

Article 13 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, in accordance with the notice of the Trademark Office, submit a certificate of the date on which the trademark was first used. If the application is used on the same day or is not used at all, the applicants shall negotiate, and if no agreement can be reached within 30 days, the Trademark Office shall make a ruling.

Article 14 A foreigner or a foreign enterprise applying for trademark registration or for handling other trademark matters shall use the Chinese language and submit a power of attorney. The power of attorney shall specify the power of agency and the nationality of the principal.

The notarization and certification procedures of the power of attorney and relevant certificates shall be handled in accordance with the principle of reciprocity. A Chinese translation shall be attached to the foreign document.

Article 15. The Trademark Office shall accept an application for trademark registration for the right of priority. The specific procedures shall be handled in accordance with the provisions promulgated by the State Administration for Industry and Commerce.

Chapter III Examination of Trademark registration

Article 16 The Trademark Office shall examine an application for assigning an application number, and publish the trademark that has been preliminarily approved in the Trademark Announcement; If the application is rejected, a notice of rejection shall be issued to the applicant and a copy shall be sent to the verification and transfer authority.

Article 17 Where a trademark application for review is rejected, the applicant shall, within 15 days from the date of receipt of the notice of rejection, send a copy of the Application for Review of the Rejected Trademark to the Trademark Review and Adjudication Board to apply for review, together with the original Application for Trademark Registration, ten copies of the original trademark drawing, one copy of the black and white ink draft and the notice of rejection. And the "rejected trademark review application" copy to the verification and transfer authority.

The Trademark Review and Adjudication Board shall make a final decision, notify the applicant in writing, and send a copy to the verification and transfer authority. The trademark that is subject to preliminary examination shall be transferred to the Trademark Office.

Article 18 Where an objection is raised to a trademark that has been published after preliminary examination by the Trademark Office, the objector shall send the objection in duplicate to the Trademark Office, and the objection shall indicate the issue number, page number and preliminary examination number of the trademark Notice published by the objecting trademark. The Trademark Office will submit the opposition to the respondent within a time limit for defense, and make a ruling based on the facts and reasons stated by the parties. If no reply is made at the expiration of the time limit, the Trademark Office shall make a ruling.

The Trademark Office shall notify the parties concerned of the ruling on trademark objections and send a copy to the verification and transfer authority.

Article 19 If the party concerned is not satisfied with the ruling of the Trademark Office, it shall, within 15 days from the date of receipt of the ruling of the trademark opposition, send the Application for Review of the Trademark Opposition in duplicate to the Trademark Review and Adjudication Board to apply for review, and send a copy to the verification and transfer authority.

The Trademark Review and Adjudication Board shall make a final ruling, notify the parties concerned in writing, send a copy to the authority for verification and transfer, and transfer the decision to the Trademark Office for handling.

Chapter IV Alteration, assignment, renewal and dispute adjudication of registered trademarks  

Article 20 Where an application for changing the name of a trademark registrant is made, each application shall send an application for changing the name of a Trademark Registrant and a certificate of change to the Trademark Office, and return the original Trademark Registration Certificate. After approval by the Trademark Office, the original Trademark Registration Certificate shall be returned with a note and published.

To apply for changing the address of the trademark registrant or other registration items, each application shall send to the Trademark Office an Application for changing the address of the trademark Registrant or an Application for changing other registration items of the trademark, as well as one copy of the relevant certificate of change, and return the original Trademark Registration Certificate. After approval by the Trademark Office, the original Trademark Registration Certificate shall be returned with a note and published.

Where the name or address of a trademark registrant is changed, the trademark registrant must handle all its registered trademarks together.

Article 21 Where an application for the transfer of a registered trademark is applied for, an application for the transfer of a Registered Trademark shall be sent to the Trademark Office for each application, and the original Trademark Registration Certificate shall be returned to the transfer authority at the place where the transferee is located. The assignee must comply with the provisions of Article 2 of these Rules. After approval by the Trademark Office, the original Trademark Registration Certificate shall be issued to the assignee with a note, and it shall be published.

Where a registered trademark is transferred, the trademark registrant must handle the same or similar trademark registered on the same or similar goods together. In transferring a trademark of a commodity as provided for in Article 7 of these Rules, the assignee shall, in accordance with the provisions of Article 11 of these Rules, provide certification documents from the relevant departments.

22nd application for trademark renewal registration, each application shall be sent to the Trademark Office a trademark renewal registration application, five copies of the trademark pattern, returned to the original Trademark Registration Certificate. After approval by the Trademark Office, the original Trademark Registration Certificate shall be returned with a note and published.

Article 23 If the Trademark Office rejects the application for assignment or renewal of registration, the applicant shall, within 15 days from the date of receipt of the notice of rejection, send a copy of the Application for Review of Rejection of Assignment or the Application for Review of Rejection of Renewal to the Trademark Review and Adjudication Board to apply for review. At the same time, the original Application for Transfer of Registered Trademark or Application for Renewal of Trademark Registration and notice of rejection are attached.

The Trademark Review and Adjudication Board shall make a final decision, notify the applicant in writing, and send a copy to the verification and transfer authority. Where a final decision is made to approve the transfer or renewal of the registration, it shall be transferred to the Trademark Office for handling.

Article 24 Where a trademark registrant disputes a trademark that has been registered by another person, it shall, within one year from the date of publication of the trademark registration announcement, send two copies of the Application for Adjudication of Trademark Disputes to the Trademark Review and Adjudication Board to apply for adjudication.

Where the Trademark Review and Adjudication Board makes a ruling to revoke the disputed registered trademark, it shall transfer the matter to the Trademark Office, make a public announcement, and send a copy to the authority for verification and transfer. Within 15 days from the date of receipt of the notice of the final ruling of the trademark dispute, the disputed party shall return the original Trademark Registration Certificate to the Trademark Office by the local verification and transfer authority.

Article 25 For improperly registered trademarks (except where the dispute has been decided), any person may send a copy of the Application for Revocation of improperly registered Trademarks to the Trademark Review and Adjudication Board for adjudication.

Where the Trademark Review and Adjudication Board makes a ruling of cancellation, it shall transfer the matter to the Trademark Office, make a public announcement, and send a copy to the verification and transfer authority. The original trademark registrant shall return the original Trademark Registration Certificate to the Trademark Office within 15 days from the date of receipt of the notice of cancellation.

Chapter V Administration of trademark use 

Article 26 Where the use of a registered trademark shall indicate the words "registered trademark" or indicate the registration mark ▲ or ▲ is inconvenient to indicate on the goods, it shall be indicated on the package or description of the goods and other attachments.

Article 27 Where the Trademark Registration Certificate is lost or damaged, an application must be made for replacement. The applicant shall send one application for replacement of the Trademark Registration Certificate and five copies of the trademark pattern to the Trademark Office. Where the Trademark Registration Certificate is lost, a loss declaration shall be published in a newspaper at or above the provincial level, and the newspaper shall be attached to the Trademark Office. The damaged Trademark Registration Certificate shall be returned to the Trademark Office.

Article 28 Where any of the acts mentioned in item (1), (2) or (3) of Article 30 of the Trademark Law is committed, the administrative authority for industry and commerce shall order the trademark registrant to make corrections within a time limit; If the party refuses to make corrections, the administrative authority for industry and commerce in the place where the trademark registrant is located shall report to the Trademark Office for cancellation of its registered trademark.

Article 29 Any person may apply to the Trademark Office for the cancellation of a registered trademark for an act specified in Article 30 (4) of the Trademark Law. The Trademark Office shall notify the trademark registrant to provide the proof of use within a time limit. Where a certificate of use is not provided within the time limit or the certificate is invalid, the Trademark Office shall cancel its registered trademark.

The use of trademarks referred to in the preceding paragraph includes the use for advertising or exhibition.

Article 30 An application for registration of a trademark in respect of the same or similar goods that is identical with or similar to the trademark revoked as provided for in Article 29 of these Rules shall not be subject to the restrictions provided for in Article 32 of the Trademark Law.

Article 31 Where any of the acts listed in item (3) of Article 31 and Article 34 of the Trademark Law is committed, the administrative department for industry and commerce shall order rectification within a time limit; If the circumstances are serious, a review shall be ordered, a notification shall be made, and a fine of not more than 20% of the amount of illegal business or not more than twice the amount of illegal profits shall be imposed; To destroy commodities that are poisonous or harmful and have no use value; Where a registered trademark is used, the registered trademark shall be revoked in accordance with the provisions of the Trademark Law.

Article 32 Where a party commits any of the acts prescribed in Item (1) and (2) of Article 34 of the Trademark Law or Article 6 of these Rules, the administrative department for industry and commerce shall prohibit it from carrying out advertising and publicity, seal up or confiscate its trademark logo, order it to make corrections within a time limit, and may, in light of the circumstances, notify it and impose a fine of not more than 20% of the amount of illegal business.

Article 33 For those who violate the provisions of Article 5 of the Trademark Law, the administrative department for industry and commerce shall prohibit the sale and advertising of their commodities, seal up or confiscate their trademarks and logos, and, depending on the circumstances, impose a fine of not more than 10% of the amount of their illegal business operations.

Article 34 No one may illegally print or buy or sell trademarks.

For those who violate the provisions of the preceding paragraph, the administrative department for industry and commerce shall stop them, confiscate their trademarks and signs, and, depending on the circumstances, impose a fine of not more than 20% of the amount of their illegal business operations; Where a registered trademark is sold, the Trademark Office may also cancel its registered trademark; However, where the right to exclusive use of a registered trademark is infringed, the case shall be dealt with in accordance with the provisions of Article 43 of these Rules.

Article 35 Where a trademark registrant licenses another person to use its registered trademark, it must conclude a trademark licensing contract. The licensor shall, within the prescribed time limit, submit the copy of the license contract to the administrative authority for industry and commerce at the county level in the place where the licensor is located for archival examination, and the administrative authority for industry and commerce at the county level in the place where the licensor is located shall submit it to the Trademark Office for the record.

Those who violate the provisions of the preceding paragraph shall be ordered by the administrative department for industry and commerce to make corrections within a time limit; If the party refuses to make corrections, the administrative authority for industry and commerce in the place where the licensor is located shall report to the Trademark Office to cancel the registered trademark and confiscate the trademark logo of the licensee.

Article 36 Where a trademark registrant licenses another person to use its registered trademark, the licensee must comply with the provisions of Article 2 of these Rules.

Where another person is licensed to use the trademark specified in Article 7 of these Rules, the licensee shall, when submitting the copy of the license contract for examination, attach the certification documents of the relevant departments in accordance with the provisions of Article 11 of these Rules.

Article 37 Where the Trademark Office makes a decision to revoke a registered trademark in accordance with Articles 30 and 31 of the Trademark Law and Articles 34 and 35 of these Rules, it shall notify the trademark registrant in writing and send a copy to the original verification and transfer authority, which shall collect the Trademark Registration Certificate and return it to the Trademark Office.

The Trademark Office shall make public the cancellation or cancellation of the trademark.

Article 38 A trademark registrant applying for cancellation of its registered trademark shall send a Trademark Cancellation Application to the Trademark Office and return the original Trademark Registration Certificate.

Article 39 Where a trademark registrant is not satisfied with the decision of the Trademark Office to revoke its registered trademark, it shall, within 15 days from the date of receipt of the notice of the cancellation decision, send a copy of the Application for Review of Trademark Cancellation to the Trademark Review and Adjudication Board to apply for review.

The Trademark Review and Adjudication Board shall make a final decision, notify the trademark registrant in writing, and send a copy to the original certification transfer authority. If the final decision is made to cancel the original cancellation decision, it shall be transferred to the Trademark Office for handling.

Article 40 Where a party is dissatisfied with the decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 31, 32, 33, 34 and 35 of these Rules (except the decision to revoke a registered trademark), the party may, within 15 days from receipt of the notification, apply for reconsideration to the administrative department for industry and commerce at the next higher level. The administrative department for industry and commerce at the next higher level shall, within 45 days from the date of receiving the application for reconsideration, make a reconsideration decision. If a party is not satisfied with the decision on reconsideration of a fine made by the administrative department for industry and commerce at the next higher level in accordance with the provisions of Articles 31, 32, 33 and 34 of these Rules, the party may, within 15 days from the date of receiving the notice of the reconsideration decision, bring a suit in a people's court. If the party fails to perform the duties within the time limit and does not apply for reconsideration or bring a suit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Chapter VI Protection of the exclusive right to use registered trademarks 

Article 41 Any of the following acts shall be an act of infringement of the exclusive right to use a registered trademark referred to in Article 38 (3) of the Trademark Law:

(1) Selling goods that infringe upon the exclusive right to use another person's registered trademark;

(2) On the same or similar goods, the same or similar to the registered trademark of another person's words or graphics as the name of the goods or goods decoration, and enough to cause misidentification;

(3) Intentionally providing warehousing, transportation, mailing, concealing and other convenient conditions for the infringement of the exclusive right to use a registered trademark of another person.

Article 42 Where the right to exclusive use of a registered trademark is infringed, any person may file a complaint or report to the administrative authority for industry and commerce at or above the county level where the infringer is located or where the infringing act is committed. The infringed may also bring a suit directly in a people's court.

Article 43 Where the right to exclusive use of a registered trademark is infringed, the administrative department for industry and commerce shall order the offender to immediately stop the infringing act, seal up or confiscate the trademark sign thereof, eliminate the trademark on the existing goods and packages, order the offender to compensate for the economic losses suffered by the infringed according to law, inform the offender according to the circumstances, and impose a fine of not more than 20% of the amount of illegal business or not more than twice the profits derived from the infringement.

Article 44 If a party is not satisfied with the decision made by the administrative department for industry and commerce in accordance with the provisions of the preceding article, it may, within 15 days from receipt of the notification, apply for reconsideration to the administrative department for industry and commerce at the next higher level. The administrative department for industry and commerce at the next higher level shall, within 45 days from the date of receiving the application for reconsideration, make a reconsideration decision. If the party is not satisfied with the reconsideration decision of the administrative department for industry and commerce at the next higher level, the party may bring a suit in a people's court within 15 days from the date of receiving the notice of the reconsideration decision. If the party fails to perform the duties within the time limit and does not apply for reconsideration or bring a suit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Article 45 Any person who counterfeits another person's registered trademark may bring a complaint or report to the administrative department for industry and commerce or the procuratorial organ.

Where a complaint or report is made to the administrative department for industry and commerce, the administrative department for industry and commerce shall handle the case in accordance with the provisions of Article 43 of these Rules. If the circumstances charged or reported seriously constitute a crime, the judicial organ shall investigate the criminal responsibility of the person directly responsible according to law.

Article 46 Where an application for review is made in accordance with the provisions of Articles 21, 22 and 35 of the Trademark Law or Article 23 of these Rules, or an application for reconsideration is made in accordance with the provisions of Articles 40 and 44 of these Rules, the party concerned shall handle the application within the prescribed time limit. If there are special reasons, they may apply for an extension of 30 days before the expiration; If it is still too late to handle the extension after the extension, it may also apply for another extension of 30 days before the expiration of the first extension.

Chapter VII Supplementary Provisions 

Article 47 The form for applying for trademark registration or handling other trademark matters shall be formulated and published by the State Administration for Industry and Commerce.

The fee standards for applying for trademark registration or handling other trademark matters shall be formulated and promulgated by the State Administration for Industry and Commerce in accordance with the relevant provisions of the State.

The list of goods classified for trademark registration shall be published by the State Administration for Industry and Commerce.

Article 48 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Rules.

Article 49 These Rules shall enter into force as of the date of promulgation.

The Rules for the Implementation of the Trademark Law of the People's Republic of China promulgated on March 10, 1983 shall be repealed simultaneously.