LAWS AND REGULATIONS

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

(The Rules for the Implementation of the Trademark Law of the People's Republic of China were revised with the approval of The State Council on July 15, 1993, and are hereby promulgated and shall come into force as of the date of promulgation.) 

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 a lawfully established enterprise, institution, social organization, individual industrial and commercial households, individual partnerships, as well as a foreign national or foreign enterprise that complies with Article 9 of the Trademark Law.

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

Article 3 To apply for trademark registration, transfer registration, renewal of registration, change of the name or address of the registrant, reissue of the Trademark Registration Certificate and other related matters, the applicant may entrust a trademark agency recognized by the State Administration for Industry and Commerce to act as an agent, or may directly handle the matter.

Where a foreigner or foreign enterprise applies for trademark registration or handles other trademark matters in China, it shall entrust a trademark agency designated by the State Administration for Industry and Commerce to act on its behalf.

The international registration of marks shall be handled in accordance with the Madrid Agreement on the International Registration of Marks.

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 Collective marks and certification marks approved and registered by the Trademark Office shall be protected by law in accordance with Article 3 of the Trademark Law.

Measures for the registration and administration of collective trademarks and certification marks shall be formulated separately by the State Administration for Industry and Commerce in conjunction with the relevant departments under The State Council.

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 the Trademark Law and these Rules.

Chapter II Application for Trademark registration

Article 9 An application for trademark registration shall be filed 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 The application for trademark registration and other relevant documents shall be filled out with a pen, brush or typewriter, and the handwriting shall 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 certification document 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. Where the application procedures are complete and the application forms are filled out in accordance with the provisions, the application number shall be assigned and the Notice of Acceptance shall be issued; 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.

The application procedures are basically complete or the application form is basically in line with the provisions, but it needs to be corrected, the Trademark Office notifies the applicant to make corrections, and it is limited to 15 days from the date of receipt of the notice, according to the specified content and return to the Trademark Office. If it is corrected and returned to the Trademark Office within the time limit, the application date shall be retained; If no correction is made or the correction exceeds the time limit, it 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, within 30 days, a certificate of the date on which the trademark was first used.

If the application is used on the same day or neither is used, the applicants shall conduct consultations, and if they reach a consensus through consultation, they shall submit a written agreement to the Trademark Office within 30 days; If no agreement can be reached within 30 days, the applicant shall, under the auspices of the Trademark Office, draw lots to decide, or the Trademark Office shall make a ruling.

Article 14 Where an applicant entrusts a trademark agency to apply for trademark registration or to handle other trademark matters, it shall submit a power of attorney. The power of attorney of an agent shall specify the contents of the agency and the power of attorney, and the power of attorney of a foreigner or foreign enterprise shall also specify the nationality of the principal.

Foreigners or foreign enterprises applying for trademark registration or handling other trademark matters shall use the Chinese language. 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 the applications received in accordance with the Trademark Law, and shall give preliminary examination and approval to any trademark that complies with the relevant provisions of the Trademark Law and has a distinctive character, and publish it. If the application is rejected, a Notice of Rejection shall be issued to the applicant.

If the Trademark Office considers that the contents of the application for trademark registration can be amended, it shall issue a "Review Opinion", which shall be limited to making amendments within 15 days from the date of receipt of the notice; Where no amendment has been made, the amendment has exceeded the time limit, or the amendment still does not comply with the relevant provisions of the Trademark Law, the application shall be rejected and a Notice of rejection shall be issued to the applicant.

Article 17 Where an application for review of a rejected trademark application is filed, the applicant shall, within fifteen days from the date of receipt of the notice of rejection, submit an Application for Review of a 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.

The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing. 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 opponent shall submit the Trademark Objection in duplicate to the Trademark Office, and the Trademark Objection shall clearly indicate the issue number, page number and preliminary examination number of the trademark Announcement in which the opposed trademark is published. The Trademark Office shall deliver the Trademark Opposition to the person against whom the opposition is opposed, and limit him to reply within 30 days from the date of receipt of the notice, 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 and notify the parties concerned.

Where the trademark against which the objection is lodged is published for registration before the ruling on the objection takes effect, the registration announcement of the trademark shall be invalid.

Article 19 Where a party is not satisfied with the ruling of the Trademark Office, it may, within fifteen days from the date of receipt of the notice of the ruling of the trademark opposition, submit the Application for Review of the Trademark Opposition in duplicate to the Trademark Review and Adjudication Board to apply for review.

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

Where the opposition is not established, the trademark Office shall approve the registration after the ruling of the opposition takes effect.

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 filed, an Application for changing the name of a Trademark Registrant and a certificate of change shall be submitted to the Trademark Office for each application, and the original Certificate of Trademark Registration shall be returned. 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 registered items, each application shall be submitted to the Trademark Office an Application for changing the address of the trademark Registrant or an Application for changing other registered 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 is made for the assignment of a registered trademark, the assignor and the assignee shall submit to the Trademark Office an Application for the Assignment of a Registered Trademark, together with the original Trademark Registration Certificate. The application for the transfer of a registered trademark shall be handled by the assignee. 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.

Where an application for the assignment of a registered trademark may cause misidentification, confusion or other adverse effects, the Trademark Office shall not approve it and shall reject it.

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

If it does not conform to the relevant provisions of the Trademark Law, the Trademark Office shall not approve it and shall reject it.

The term of validity of the renewed registered trademark shall be calculated from the day after the expiration of the previous term of validity of the trademark.

Article 23 Where the application for assignment or renewal of registration is rejected by the Trademark Office, the applicant may, within 15 days from the date of receipt of the notice of rejection, submit 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 Trademarks or Application for Renewal of Trademark Registration and the Rejection Notice are attached.

The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing. 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 registration announcement of the other person's trademark, submit the Application for Adjudication of Trademark Disputes in duplicate to the Trademark Review and Adjudication Board for adjudication.

The Trademark Review and Adjudication Board shall make a final ruling on maintaining or revoking the registered trademark in dispute, notify the parties concerned in writing, and transfer the matter to the Trademark Office for handling. If the reason for revocation involves only part of the registration content, such part of the registration content shall be revoked. Where cancellation is ruled, the original trademark registrant shall return the Trademark Registration Certificate to the Trademark Office within 15 days from the date of receipt of the notice of ruling.

Article 25 The following acts belong to the acts of obtaining registration by fraudulent means or other improper means referred to in the first paragraph of Article 27 of the Trademark Law:

(1) fabricating, concealing the truth or forging applications and relevant documents for registration;

(2) in violation of the principle of good faith, by copying, imitating, translating, etc., the trademark of another person has been well-known to the public for registration;

(3) the agent registers the principal's trademark in his or her name without authorization;

(4) violating the lawful prior rights of others for registration;

(5) obtaining registration by other improper means.

Where a trademark registrant is not satisfied with the decision to revoke a registered trademark made by the Trademark Office in accordance with the provisions of Article 27, paragraph 1, of the Trademark Law, he may, within 15 days from the date of receipt of the notification of the decision, submit a copy of the Application for Review of the Revocation of an improperly registered Trademark to the Trademark Review and Adjudication Board for review. The Trademark Review and Adjudication Board shall make a final decision, notify the applicant in writing, and transfer the decision to the Trademark Office for handling.

Where any entity or individual considers that a trademark is improperly registered, it may submit the Application for Revocation of an improperly registered Trademark in duplicate to the Trademark Review and Adjudication Board for adjudication. The Trademark Review and Adjudication Board shall make a final ruling, notify the parties concerned in writing, and transfer the ruling to the Trademark Office for handling.

The improperly registered trademark that has been revoked shall be published by the Trademark Office. The original trademark registrant shall return the Trademark Registration Certificate to the Trademark Office within 15 days from the date of receipt of the notice of decision or ruling.

Where a registered trademark is revoked in accordance with the provisions of the first and second paragraphs of Article 27 of the Trademark Law, the right to exclusive use of the trademark shall be deemed to have ceased to exist from the beginning. The decision or ruling to cancel a registered trademark shall not have retroactive effect on the judgment or ruling of a trademark infringement case made and executed by a people's court before the cancellation, the decision on the handling of a trademark infringement case made and executed by the administrative department for industry and commerce, and the trademark assignment or licensing contract already executed. However, any loss caused to another person due to the bad faith of the trademark registrant shall be compensated.

Chapter V Administration of trademark use

Article 26 The use of a registered trademark shall indicate the "registered trademark" sample or indicate the registration mark (note) or (R). Where it is inconvenient to do so on a commodity, such indication shall be made on the package or instruction manual of the commodity and other attachments.

Article 27 Where the Trademark Registration Certificate is lost or damaged, an application must be made for replacement. The trademark registrant shall submit 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 the Trademark Announcement. The damaged Trademark Registration Certificate shall be returned to the Trademark Office.

Where a Trademark Registration Certificate is forged or altered, the administrative department for industry and commerce in the place where the forged or altered Trademark Registration Certificate is located shall impose a fine of not more than 20,000 yuan according to the circumstances, and confiscate the forged or altered Trademark Registration Certificate.

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 who has committed an act in item (4) of Article 30 of the Trademark Law may apply to the Trademark Office for cancellation of the registered trademark and state the relevant circumstances. The Trademark Office shall notify the trademark registrant to provide, within three months from the date of receipt of the notice, proof of the use of the trademark or justification for non-use of the trademark. 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 of trademarks on commodities, packaging or containers of commodities and commodity transaction documents, or the use of trademarks in advertising, exhibitions and other business activities.

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 an enterprise commits any of the acts listed in item (1) or (2) of Article 34 of the Trademark Law, the administrative department for industry and commerce shall prohibit it from conducting advertising publicity, seal up or confiscate its trademark logo, order it to make corrections within a time limit, and may, in light of the circumstances, make a notification and impose a fine of not more than 20% of the amount of its 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 and the licensee shall, within three months from the date of signing of the license contract, submit a copy of the license contract to the administrative authority for industry and commerce at the county level where it is located for archival examination. The licensor shall submit the copy to the Trademark Office for the record, and the Trademark Office shall make a public announcement.

In case of violation of the provisions of the preceding paragraph, the administrative department for industry and commerce in the place where the licensor or licensee is located shall order it to make corrections within a time limit; If it refuses to make corrections, a fine of not more than 10,000 yuan shall be imposed until it is reported to the Trademark Office for cancellation of the registered trademark.

In case of violation of the provisions of the second paragraph of Article 26 of the Trademark Law, the administrative authority for industry and commerce in the place where the licensee is located shall order it to make corrections within a time limit, confiscate its trademark logo, and may, in light of the circumstances, impose a fine of not more than 50,000 yuan.

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 28, 29, 31, 34 and 35 of these Rules, it shall notify the trademark registrant and its local administrative authority for industry and commerce in writing.

Where a trademark registrant is not satisfied with the decision of the Trademark Office to revoke its registered trademark, it may, within 15 days from the date of receipt of the notice of decision, submit a copy of the Application for Review of Trademark Revocation 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 and its local administrative authority for industry and commerce in writing, and transfer the decision to the Trademark Office for handling.

Article 38 Where a trademark registrant applies for the cancellation of its registered trademark, it shall submit an Application for the cancellation of a Trademark to the Trademark Office and return the original Trademark Registration Certificate.

Article 39 The cancellation or cancellation of a registered trademark shall be published by the Trademark Office. The exclusive right to use the trademark shall be forfeited from the date of the announcement of revocation or cancellation. Where a registered trademark has been revoked, the administrative authority for industry and commerce in the place where the original trademark registrant is located shall collect the Trademark Registration Certificate and return it to the Trademark Office.

Article 40 If a party is not satisfied with the decision made by the administrative department for industry and commerce in accordance with the provisions of Chapter VI of the Trademark Law and Chapter V of these Rules, it may, within 15 days from the date of receipt of the notification of the decision, 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 two months from the date of receiving the application for reconsideration, make a reconsideration decision. If the party is not satisfied with the reconsideration decision, it may bring a suit in a people's court within 15 days from the date of receipt of the notice of the reconsideration decision. If neither an application for reconsideration nor a suit is brought within the time limit, 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 (4) of the Trademark Law:

(1) Selling goods that it knows or should know infringe on the exclusive right to use another person's registered trademark;

(2) In 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.

Where the administrative authority for industry and commerce considers that the exclusive right to use a registered trademark has been infringed, it may exercise the following functions and powers when investigating and obtaining evidence:

(1) Questioning the parties concerned;

(2) Inspect articles related to infringing activities and, if necessary, order them to seal up;

(3) Investigate acts related to infringing activities;

(4) To consult and copy contracts, account books and other business materials related to infringing activities.

When the administrative department for industry and commerce exercises the functions and powers mentioned in the preceding paragraph, the parties concerned shall provide assistance and may not refuse.

Article 43 Where the right to exclusive use of a registered trademark is infringed, the administrative authority for industry and commerce may take the following measures to stop the infringing act:

(1) Order immediate cessation of sales;

(2) Confiscate and destroy the logo of the infringing trademark;

(3) Eliminate infringing trademarks on existing goods;

(4) Confiscating molds, printing plates and other tools used directly and exclusively for trademark infringement;

(5) Where the first four measures are insufficient to stop the infringing act, or the infringing trademark is difficult to separate from the commodity, order and supervise the destruction of the infringing article.

Where the infringement of the exclusive right to use a registered trademark has not yet constituted a crime, the administrative department for industry and commerce may, in light of the circumstances, impose a fine of not more than 50% of the amount of illegal business or not more than five times the profits derived from the infringement. The person who is directly responsible for the infringement of the exclusive right to use a registered trademark may, according to the circumstances, be fined not more than 10,000 yuan by the administrative department for industry and commerce.

The administrative authority for industry and commerce may, at the request of the infringer, order the infringer to compensate for the losses. If the party is not satisfied, he may bring a suit in a people's court.

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 first and second paragraphs of the preceding article, it may, within 15 days from the date of receipt of the notification of the decision, apply to the administrative department for industry and commerce at the next higher level for reconsideration. The administrative department for industry and commerce at the next higher level shall, within two months from the date of receiving the application for reconsideration, make a reconsideration decision. If the party is not satisfied with the reconsideration decision, it may bring a suit in a people's court within 15 days from the date of receipt of the notice of the reconsideration decision. If neither an application for reconsideration nor a suit is brought within the time limit, 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 are serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility according to law.

Chapter VII Supplementary Provisions

Article 46 Where an application for reexamination is made in accordance with Articles 21, 22 and 35 of the Trademark Law and Articles 23 and 25 of these Rules, the party concerned shall handle it within the prescribed time limit. The party concerned may apply for an extension of thirty (30) days before the expiration of the term due to irresistible causes or other legitimate reasons. The Trademark Review and Adjudication Board shall decide whether to grant the extension or not.

If the document is received by mail, the postmark date shall prevail; If the postmark is not clear or there is no postmark, the date of receipt or issuance shall be twenty days after the Trademark Office issued the document or twenty days before receipt of the document, respectively, as the date of receipt or issuance by the party concerned.

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 Where a service mark continuously used until July 1, 1993 is identical with or similar to another person's registered service mark for the same or similar services (except for service marks well known to the public), it may continue to be used in accordance with the relevant provisions of the State Administration for Industry and Commerce.

Article 49 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Rules.

Article 50 These Rules shall go into effect as of the date of promulgation.