中华人民共和国商标法实施条例(英文版)
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中华人民共和国商标法实施条例(英文版)ImplementingRegulationsoftheTrademarkLawofthePeople'sRepublicofChina中华人民共和国商标法实施条例(英文版)ImplementingRegulationsoftheTrademarkLawofthePeople'sRepublicofChina(Promulgatedbyt
中华人民共和国商标法实施条例(英文版)Implementing Regulations of the Trademark Law of the
People's Republic of China
中华人民共和国商标法实施条例(英文版)Implementing Regulations of the Trademark Law of the
People's Republic of China
(Promulgated by the State Council on 3 August 2002)
Chapter l General Provisions
Article 1 These Implementing 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 made in these Implementing Regulations
concerning goods marks shall apply to service marks.
Article 3 The use of trademarks referred to in the Trademark Law and
these Regulations include, among other things, the use of trademarks on
goods, Packages or containers thereof and commodity trading instruments,
or use of trademarks in advertisements, exhibitions and other commercial
activities.
Article 4 Goods required to bear registered trademarks as prescribed
by the State mentioned in Article 6 of the Trademark Law refer to goods
in respect of which registered trademarks must be used as prescribed by
law and administrative regulations.
Article 5 Under the Trademark Law and these Regulations, when an
interested party believes his trademark constitutes a well-known
trademark when a dispute arises in the course of trademark registration
or trademark review and adjudication, he may file a request with the
Trademark Office or the Trademark Review and Adjudication Board to
establish it as a well-known trademark, to reject the trademark
registration application contrary to the provision of Article l3 of the
Trademark Law, or to cancel the trademark registration contrary to the
provision of Article 13 of the Trademark Law. When filing an
application, an interested party shall submit proofs that his trademark
constitutes a well-known trademark.
At the request of the interested party, the Trademark Office or the
Trademark Review and Adjudication Board shall, on the basis of
ascertained facts, establish whether his trademark constitutes a
well-known trademark pursuant to the provision of Article 14 of the
Trademark Law.
Article 6 Applications may be filed for registration of geographic
indications provided for in Article l6 of the Trademark Law as
certification marks or collective marks in accordance with the
provisions of the Trademark Law and these Regulations.
Where a geographic indication is registered as a certification mark,
the natural person, legal person or other organization whose goods has
met the requirement imposed on the geographic indications may request
for using the certification mark, and the organization having control on
the certification mark shall give its permission. Where a geographic
indication is registered as a collective mark, the natural person, legal
person or other organization whose goods has met the requirement imposed
on the geographic indications may request for membership of the body,
association or other organization having the geographic indication as
its collective mark. The body, association or other organization shall
accept him or it as its member according to the articles of constitution
thereof. Any person who does not ask to join the body, association or
other organization having the geographic indication as its collective
mark may also duly use the geographic indication, and the body,
association or other organization does not have the right to prohibit
the use.
Article 7 An interested party entrusting a trademark agency with the
filing of an application for trademark registration or attending to
other trademark matters shall submit a Power of Attorney. The Power of
Attorney}' shall indicate such contents and competence as authorized:
the Power of Attorney from a foreign person or foreign enterprise shall,
in addition, indicate the nationality of the entruster.
Notarization and legalization of the Power of Attorney and other
relevant certificates from a foreign person or foreign enterprise' shall
be done based on the principle of reciprocity.
The foreign person or foreign enterprise mentioned in Article l8 of
the Trademark Law refers to the foreign person who or foreign enterprise
which does not have its habitual residence or place of business in
China.
Article 8 The Chinese language shall be used in applying for trademark
registration or attending to other trademark matters.
Where the various certificates, certifying documents and proofs
submitted under the Trademark Law and these Regulations are in a foreign
language, the Chinese translation thereof shall be attached; where the
Chinese translation is not attached, the certificates, certifying
documents and proofs shall be deemed not to have been submitted.
Article 9 In any one of the following circumstances, any staff member
of the Trademark Office and the Trademark Review and Adjudication Board
shall withdraw, or a party or interested Part} may request him to
withdraw:
(l) he is a party or a close relative to a party or agent;
(2) he is related in such a way with a party or agent insofar as the
relation would affect impartiality; or
(3) he has interests in an application for trademark registration or
an}' other trademark matters.
Article l0 Unless otherwise provided for in these Regulations, where
any document is sent to the Trademark Office or the Trademark Review and
Adjudication Board, the date of receipt shall be the date of delivery
where it is delivered personally}. or the date of posting indicated by
the postmark if it is sent by post; where the date of posting indicated
by the postmark is illegible, or there is no postmark, the date of
receipt shall be the date on which the Trademark Office or the Trademark
Review and Adjudication Board actually receives the document, except
that the interested Part]' is able to present evidence as to the actual
date of posting indicated by the postmark.
Article 11 Any document of the Trademark Office or the Trademark
Review and Adjudication Board may be served by post, by personal
delivery or by other means. Where an interested party entrusts a
trademark agency, delivery of the document to the trademark agency shall
be deemed delivery thereof to the interested party.
Where any document is sent to an interested party by the Trademark
Office or the Trademark Review and Adjudication Board. the date of
receipt shall be the date of receipt indicated b]- the postmark on which
the interested party receives it if it is sent by post; where the date
of Posting indicated by the postmark is i1legible, or where there is no
postmark. the document shal1 be deemed to have been delivered to the
interested party on the fifteenth day from the date of posting the
document; the date of receipt shall be the date of delivery if it is
delivered personally. Where any document cannot be sent by post or by
personal delivery, the document may be served b}' making an
announcement. At the expiration of the thirtieth day from the date of
the announcement, the document shall be deemed to have been served.
Article 12 Where an application is filed for international
registration, it shall be done in accordance with the relevant
international treaties to which China has acceded. The specific measures
shall be prescribed by the administrative department for industry and
commerce under the State Council.
Chapter II Application for Trademark Registration
Article 13 In application for the registration of a trademark, a
separate application shall be filed in respect of each class of goods or
service according to the published Classification of Goods and Services.
For each application for the trademark registration, an Application for
Trademark Registration shall be filed with the Trademark Office,
accompanied by five copies of the reproduction of the trademark; if
colour is claimed, five copies of the colour reproduction of the
trademark shall be attached, so shall be a black and white design of the
trademark.
The reproduction of the trademark must be clear and easy to paste and
shall be printed on smooth and clean durable paper or substituted by a
photograph. Its length or breadth shall not be more than l0 cm and less
than 5 cm each.
Where an application is filed for the registration of a
three-dimensional sign as a trademark, a statement shall be made in the
application, and the reproduction capable of defining the
three-dimensional formation be submitted.
Where an application is filed for the registration of a combination of
colours as a trademark, a statement shall be made in the application,
and an explanation thereof be submitted in writing.
Where an application is filed for the registration of a certification
mark or collective mark, a statement shall be made in the application,
and the certificates of the qualification of the applicant and
regulations for the administration of the use thereof be submitted.
Where a trademark is in a foreign language or contains lexical
elements in a foreign language, explanation of its meaning shall be
made.
Article 14 When filing an application for the registration of a
trademark, the applicant shall submit a copy of effective certificate
capable of proving his identification. The name of the applicant for
trademark registration shall be consistent with the certificate
submitted.
Article 15 The goods or services shall be listed in the application
according to the Classification of Goods and Services. If the goods or
services are not listed in the Classification of Goods and Services, a
description of the 5aid goods or services shall be attached.
The documents relating to an application for trademark registration
shall be typewritten or printed.
Article 16 If an application is jointly filed for registration of the
same trademark, a representative shall be designated in the application;
if such representative is not designated, the first person listed in the
application shall be the representative.
Article 17 If an applicant changes his name, address, agent, or
deletes or reduces designated goods, he may go through the formalities
for the change with the Trademark Office.
An applicant who assigns his application for trademark registration
shall go through the formalities for the assignment with the Trademark
Office.
Article 18 The filing date of an application for trademark
registration shal1 be the date on which the Trademark Office receives
the application documents.
Where the formal requirements of the application are fulfilled and the
application form filled out according to the relevant rules, the
Trademark Office will accept the application and notify the applicant in
writing. Where the formal requirements are not fulfilled or the
application form not filled out according to the relevant rules, the
Trademark Office will not accept it, and it shall notify the applicant
in writing and explain the reason. Where the formal requirements are
basically fulfilled or the application form filled out basica1ly
according to the relevant rules, but amendments are required, the
Trademark Office shall notify the applicant to make the amendments and
require him to do so according to the contents prescribed and re-submit
it to the Trademark Office within thirty days from the date on which he
receives the notification. Where the application is amended and
re-submitted to the Trademark Office within the time limit, the date of
filing shall be retained. Where the application is not amended within
the time limit, the application shall be deemed to have been abandoned,
and the Trademark Office shall notify the applicant in writing.
Article 19 Where two or more applicants respectively apply for the
registration of identical or similar trademarks used on the identica1 or
similar goods on the same day, each applicant sha1l, within thirty days
from the date of receipt of the notification of the Trademark Office,
submit a proof of his prior use of the mark in respect of which he has
applied for the registration. Where the applicants used the mark for the
first time on the same day or where none of them has used the mark, they
shall try to resolve the matter through consultation, and submit a
written agreement to the Trademark Office within thirty days from the
date of receipt of the notification from the Trademark Office; where the
applicants are reluctant to resolve the matter through consultation or
an agreement is not reached, the Trademark Office shall notify the
applicants that one applicant will be singled out by lot, and reject the
registration applications filed by the other applicants. Where the
Trademark Office notifies an applicant, but the applicant does not show
up and draw his lot, his application shall be deemed to have been
abandoned, and the Trademark Office shall notify in writing the
applicant who has failed to show up.
Article 20 Where an applicant claims the right of priority according
to Article 24 of the Trademark Law, the copy of the application document
which he first filed for the registration of the trademark shall be
certified by the competent trademark authority accepting the
application, with the date of filing and the application number
indicated.
Where an applicant claims the right of priority according to Article
25 of the Trademark Law, the certification documents submitted by him
shall be certified by the administrative department for industry and
commerce under the State Council, except that the international
exhibition on which the goods are put on display is held inside the
territory of China.
Chapter III Examination of Application for Trademark Registration
Article 21 The Trademark Office shall, in accordance with the
Trademark Law and these Regulations, examine the applications for the
registration of trademark it has accepted. Applications which conform to
the relevant provisions, or those for the registration of trademarks in
respect of a part of the designated goods which conform to the relevant
provisions, shall be preliminarily approved and published. Applications
which do not conform to the relevant provisions, or those for the
registration of trademarks in respect of a part of the designated goods
which do not conform to the relevant provisions, shall be rejected. The
Trademark Office shall notify the applicant in writing and explain the
reason for the rejection.
Where the Trademark Office has preliminarily approved applications for
the registration of trademarks on a part of the designated goods, the
applicant may apply for the abandonment thereof before the date of
expiration of the opposition period; where the applicant abandons the
registration of trademarks in respect of a part of the designated goods,
the Trademark Office shall withdraw the preliminary approval, terminate
the examination procedure, and republish it.
Article 22 Where an opposition is filed to a trademark which, after
examination, has been preliminarily approved and published by the
Trademark Office, the opponent shall submit the Application for
Trademark Opposition in duplicate to the Trademark Office. The
Application for Trademark Opposition shall indicate the issue number of
the Trademark Gazette on which the opposed trademark is published, and
the number of preliminary approval of the opposed trademark. The
Application for Trademark Opposition shall contain the specific requests
and facts and grounds, with relevant proofs and certificates attached.
The Trademark Office shall send a copy of the Application for
Trademark Opposition to the opposed party and require him to make a
reply within thirty days from the date of his receipt of the copy. His
failure to make a rep1y shall not affect the adjudication by the
Trademark Office on the opposition.
Where an interested party needs to supplement relevant proofs and
certificates after he raises an opposition application or makes a reply,
he shall make a statement in the application or reply, and submit the
proofs and certificates within three months from the date of submission
of the application or rep1y; where he fails to submit them at the
expiration of the time limit, the interested party shall be deemed to
have abandoned supplementing the relevant proofs and certificates.
Article 23 The justification of the opposition mentioned in Article
34, paragraph two, of the Trademark Law shall include the justification
of the opposition to a registration in respect of a part of the
designated goods. Where such opposition is justified, the application
for the registration of trademarks in respect of that part of the
designated goods shall not be approved.
Where an opposed trademark has, prior to the coming into effect of the
adjudication on the opposition, been announced as a registered trademark
in the Trademark Gazette, the registration announcement shall be
cancelled. The trademark that has been approved for registration upon
the adjudication on the opposition sha1l be re-published.
The trademark approved for registration upon the adjudication on the
opposition shall not have the retroactive effect on another person's act
to use a sign identical with or similarly to the trademark on the same
or similar goods from the date on which the period for trademark
opposition expires and before the adjudication on the opposition takes
effect; however, the losses inflicted to the trademark registrant due to
the bad faith in which the sign is used shall be compensated.
The time limit for the application for review and adjudication of the
trademark approved for registration upon the adjudication on the
opposition shall be calculated from the date of publication of the
adjudication on the trademark opposition.
Chapter IV Modification, Assignment and Renewal of Registered Trademarks
Article 24 When applying for modification of his name, address or
other registration matters, the registrant shall file an Application for
Modification with the Trademark Office. The Trademark Office shall, upon
examination and approval, issue the trademark registrant the relevant
certificates, and make an announcement. Where the application is not
approved, the Trademark Office shall notify the applicant in writing and
explain the reason.
When applying for modification of his name, the registrant shall
submit modification certificate issued by the relevant registry. An
applicant who has not submitted the modification certificate may do so
within thirty days from the date of filing the application. Where the
submission is not made within the time limit, the application for the
modification shall be deemed to have been abandoned, and the Trademark
Office shall notify the applicant in writing.
When applying for modification of his name and address, the trademark
registrant shall make the modifications in all his registered
trademarks. If he fails to do so, the application for the modification
shall be deemed to have been abandoned, and the Trademark Office shall
notify the applicant in writing.
Article 25 When applying for the assignment of a registered trademark,
the assignor and assignee shall file with the Trademark Office an
Application for Assignment of Registered Trademark. The formalities of
applying for the assignment of the registered trademark shall be gone
through by the assignee. The Trademark Office, upon examination and
approval of the application. shall issue the relevant certificate to the
assignee and make an announcement.
When applying for the assignment of a registered trademark, the
trademark registrant shall assign all the identical or similar
trademarks registered in respect of the same or similar goods. If the
registrant fails to do so, the Trademark Office shal1 notify him to
correct the situation within a time limit; if the correction is not made
within the time limit, the application for the assignment of the
registered trademark shall be deemed to have been abandoned, and the
Trademark Office shall notify the applicant in writing.
Any application for the assignment of a registered trademark that may
mislead the public or cause confusion or exert any other adverse effects
shall not be approved by the Trademark Office. the Trademark Office
shall notify the applicant in writing and explain the reason.
Article 26 If the exclusive right to use a registered trademark is
transferred for reasons other than assignment, the party receiving the
transferred exclusive right to use the registered trademark shall go to
the Trademark Office with relevant certificates or legal instruments to
go through the formalities for the transfer of the exclusive right to
use the registered trademark.
When applying for a transfer of the exclusive right to use a
registered trademark, the exclusive right holder of the registered
trademark shall transfer all the other identical or similar trademarks
registered in respect of the same or similar goods. If the exclusive
right holder fails to do so, the Trademark Office shall notify him to
correct the situation within a time limit; if the correction is not made
within the time limit, the application for the assignment of the
registered trademark shall be deemed to have been abandoned, and the
Trademark Office shall notify the applicant in writing.
Article 27 When applying for the renewal of a trademark registration,
the applicant shall file with the Trademark Office an App1ication for
Renewal of Trademark Registration. After examination and approval of the
application for the renewal of a trademark registration, the Trademark
Office shall issue the relevant certificate and announce it.
The period of validity of a renewed trademark shall be calculated from
the day after the expiration of the previous period of validity of the
said trademark.
Chapter V Trademark Review and Adjudication
Article 28 The Trademark Review and Adjudication Board shall accept
applications for trademark review and adjudication filed according to
the provisions of Articles 32, 33, 4l and 49 of the Trademark Law, and
conduct, according to law, the review and adjudication on the basis of
facts.
Article 29 By having dispute over a registered trademark mentioned in
Article 4l, paragraph three, of the Trademark Law shall be meant that a
registrant of a trademark in respect of which a prior application is
filed for registration thereof alleges that a trademark in respect of
which another person subsequently files an application for its
registration is identical with or similar to his trademark registered in
respect of the identical or similar goods.
Article 30 When applying for the trademark review and adjudication,
the applicant shall file an application with the Trademark Review and
Adjudication Board, and submit the same number of copies thereof as that
of the other parties; when filing the application for reexamination
based on the Decision or Adjudication made by the Trademark Office, the
applicant shall meantime submit a copy of the Decision or Adjudication
made by the Trademark Office.
After receipt of the application, the Trademark Review and
Adjudication Board shall accept the application found to have met the
requirements for acceptance upon examination; the Trademark Review and
Adjudication Board shall not accept the application if it does not meet
the requirements, and notify the applicant in writing and explain the
reason. Where rectification is required, the Trademark Review and
Adjudication Board shall notify the applicant to make the rectification
within thirty days from the date of receipt of the notification. If an
application still fails to meet the requirements after the
rectification, the Trademark Review and Adjudication Board shall not
accept it, and notify the applicant in writing and explain the reason.
If the rectification is not 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.
Where it finds that an application for the trademark review and
adjudication does not meet the requirements for acceptance after
accepting it, the Trademark Review and Adjudication Board shall reject
the application and notify the applicant in writing and explain the
reason.
Article 31 After accepting an application for the trademark review and
adjudication, the Trademark Review and Adjudication Board shall send, in
a timely manner, a copy of the Application to the other party, and
require him to reply within thirty days from the date of receipt of the
copy of the Application, failure to make a reply at the expiration of
the time limit shall not affect the review and adjudication by the
Trademark Review and Adjudication Board.
Article 32 Where an interested party needs to supplement relevant
proofs after he files an application for trademark review and
adjudication or makes a reply, he shall make a statement to this effect
in the Application or Reply, and submit the proofs within three months
from the date of filing the Application or making the Reply; if the
proofs are not submitted at the expiration of the time limit, the
supplementation thereof shall be deemed to have be abandoned.
Article 33 The Trademark Review and Adjudication Board may, at the
request of an interested party or according to practical needs, decide
to conduct a public review and adjudication of the application therefor.
Where it conducts a public review and adjudication of an application
therefor, the Trademark Review and Adjudication Board shall notify the
interested party, within fifteen days before the public review and
adjudication is held, of the date and place of, and the persons
conducting the public review and adjudication. The interested party
shall make a reply within the time limit fixed in the notification.
Where the applicant does not reply, nor attend the public review and
adjudication, his application for the trademark review and adjudication
shall be deemed to have been withdrawn, and the Trademark Review and
Adjudication Board shall notify him in writing. Where the respondent
does not respond, nor attend the public review and adjudication, the
Trademark Review and Adjudication Board may conduct a default review and
adjudication.
Article 34 Where an applicant requests for the withdrawal of his
application before the Trademark Review and Adjudication Board makes its
decision or adjudication, he may withdraw his application after he
explains the reason in writing to the Trademark Review and Adjudication.
Where the application is withdrawn, the review and adjudication
procedure terminates.
Article 35 Where an applicant withdraws his application for review and
adjudication, he shall not file another application for the review and
adjudication on the basis of the same facts and grounds. Where the
Trademark Review and Adjudication Board has made the adjudication or
decision as regards an application for trademark review and
adjudication, any person shall not file another app1ication for the
review and adjudication on the basis of the same facts and grounds.
Article 36 In respect of a trademark the registration of which is
cancelled in accordance with Article 4l of the Trademark Law, the
exclusive right to use the trademark shall be deemed to be non-existent
from the beginning. The decision or adjudication on the cancellation of
the registered trademark has no retroactive effect on a judgment or
decision already made and executed by the People's Court or the
administrative department for industry and commerce on a case of
trademark infringement, or on a trademark assignment or licensing
contract executed. However, in respect of damage done to any other
person in bad faith by the trademark registrant, he shall compensate for
the damages.
Chapter VI Administration of the Use of Trademarks
Article 37 Where a registered trademark is used, it may carry the
indication of “注册商标” ("Registered Trademark") or the registration signs
of the goods, packaging or description or other attachments of the
goods.
The registration signs include 注 and ?. When used, the registration
signs shall be marked or indicated on the upper or lower right hand
corner of the trademark.
Article 38 Where a Certificate of Trademark Registration is lost or
damaged, it is necessary to apply to the Trademark Office for
re-issuance of the Certificate. Where the Certificate is lost, the
registrant shall declare the loss of the Certificate by publishing a
declaration in the Trademark Gazette. The damaged Certificate shall be
returned to the Trademark Office when an application for re-issuance is
filed.
Where a Certificate of Trademark Registration is forged or falsified,
criminal liability shall be imposed according to law based on the
provisions governing the crimes of forging and falsifying certificates
issued by the State administrative authority or other crimes.
Article 39 In respect of any of the acts referred to in Article 44
(l), (2) and (3) of the Trademark Law, the administrative authority for
industry and commerce shall order the trademark registrant to rectify
the situation within a time limit. If the registrant refuses to comply,
the case shall be submitted to the Trademark Office for cancellation of
the registered trademark.
In respect of the act referred to in Article 44 (4) of the Trademark
Law, any person may apply to the Trademark Office for cancellation of
the said registered trademark and explain the circumstances. The
Trademark Office shall notify the trademark registrant and require him
to furnish, within two months from the date of receipt of the
notification, proof of use of the trademark before the date on which the
application for cancellation is filed, or a justifiable reason for its
non-use. If no proof of use, nor a justifiable reason for the non-use is
furnished at the expiration of the time limit or the proof is invalid,
the Trademark Office shall cancel his registered trademark.
The proof of use of a trademark referred to in the preceding paragraph
includes proofs of the registrant's using the registered trademark and
his licensing any other person to use the registered trademark.
Article 40 Registered trademarks cancelled according to the provisions
of Articles 44 and 45 of the Trademark Law shall be published by the
Trademark Office, the exclusive right in the registered trademarks shall
terminate on the date of cancellation decision made by the Trademark
Office.
Article 4l Where the Trademark Office or the Trademark Review and
Adjudication Board cancels a registered trademark for reasons re1ating
only to a part of the goods designated, the trademark registration in
respect of this part of the designated goods shall be cancelled.
Article 42 The amount of the fine imposed in accordance with the
provisions of Articles 45 and 48 of the Trademark Law shall be less than
20% of the illegal business turnover or less than two times the illegal
profits.
The amount of the fine imposed in accordance with the provision of
Article 47 of the Trademark Law shall be less than l0% of the illegal
business turnover.
Article 43 Where he licenses another person to use his registered
trademark, the licensor shall submit the trademark licensing contract to
the Trademark Office for filing within three months from the date on
which the contract is concluded.
Article 44 Where any person contravening the provisions of Article 40,
paragraph two, of the Trademark Law, the administrative department for
industry and commerce shall order the offender to rectify the situation
within a prescribed time limit. Where the offender refuses to comply,
the administrative department for industry and commerce shall confiscate
the representations of his trademark. If it is difficult to detach the
representations of the trademark from the goods, both the
representations and goods shall be confiscated and destroyed.
Article 45 Where a trademark is used in contravention of the provision
of Article 13 of the Trademark Law, an interested party may request the
administrative department for industry and commerce for prohibition of
the use. When filing the request, the interested party shall submit
proofs that his trademark constitutes a well-known mark. If the
Trademark Office establishes it as a well-known mark according to the
provision of Article l4 of the Trademark Law, the administrative
department for industry and commerce sha1l order the infringer to cease
the act of using the well-known mark in contravention with the provision
of Article l3 of the Trademark Law, confiscate and destroy the
representations of the trademark. If it is difficult to detach the
representations of the trademark from the goods, both the
representations and goods shall be confiscated and destroyed.
Article 46 Where a trademark registrant applies for the removal, from
the Register, of his registered trademark or the registration of his
trademark in respect of a part of the designated goods, he shall send an
Application for Trademark Removal and return the original Certificate of
Trademark Registration to the Trademark Office.
Where a trademark registrant applies for the removal, from the Register,
of his registered trademark or the registration of his trademark in
respect of a part of the designated goods, the exclusive right in the
registered trademark or the effect thereof on the part of designated
goods shall terminate on the date of receipt by the Trademark Office of
the Application for Trademark Removal.
Article 47 Where the registrant of a trademark dies or ceases, and no
formalities have been gone through for transfer of the registered
trademark at the expiration of one year from the date of the death or
cessation, any person is entitled to apply to the Trademark Office for
the removal, from the Register, of the registered trademark. When filing
an application for the removal, he shall submit the proofs of the death
or cessation of the trademark registrant.
Where a registered trademark is removed from the Register owing to the
death or cessation of the trademark registrant, the exclusive right to
use the registered trademark terminates from the date of the death or
cessation of the trademark registrant.
Article 48 Where a registered trademark is cancelled or removed from
the Register according to the provisions of Articles 46 and 47 of these
Regulations, the original Certificate of Trademark Registration shall
become invalid. Where the registration of the trademark in respect of a
part of the designated goods is cancelled, or where the trademark
registrant applies for removal, from the Register, the registration of
the trademark in respect of a part of designated goods, the Trademark
Office shall return, to the registrant, the original Certificate of
Trademark Registration on which the approval of the cancellation or
removal has been marked, or re-issue the Certificate of Trademark
Registration and publish the re-issuance.
Chapter VII Protection of the Exclusive Right to Use Registered
Trademark
Article 49 Where an registered trademark contains the generic name,
shape or model of the goods in respect of which it is used, or directly
indicates the quality, main raw material, function, use, weight,
quantity and other features of the goods, or contains a place name, the
holder of the exc1usive right to use the registered trademark has no
right to prohibit others from duly using it.
Article 50 Any of the following acts shall be an act of infringement
of the exclusive right to use a registered trademark as provided for in
Article 52 (5) of the Trademark Law:
(l) to use any design which is identical with or similar to the
registered trademark of another person on the same or similar goods, as
the designation or decoration of the goods, which mislead the public; or
(2) to intentionally provide any other person with such facilities as
of storage, transportation, postal service, and concealment in his
infringement of the exclusive right of another person to use a
registered trademark.
Article 51 Where the exc1usive right to use a registered trademark has
been infringed, any person may lodge a complaint with, or file a report
on, the case of infringement to the administrative department for
industry and commerce.
Article 52 An act of infringement of the exclusive right to use a
registered trademark shall be subject to a fine of not exceeding three
times the amount of the illegal business turnover. Where it is
impossible to calculate the amount of the illegal business turnover, the
fine shall be no more than RMB l00,000 yuan.
Article 53 Where a trademark proprietor believes that another person
has registered his well-known trademark as an enterprise name, which is
likely to deceive, or mislead, the public, he may file an application
with the competent authority for the registration of enterprise names
for cancellation of the registration of the enterprise name. The
competent authority for the registration of enterprise names shall
handle the matter pursuant to the Regulations for the Administration of
Registration of Enterprise Names.
Chapter VIII Supplementary Provisions
Article 54 Where a service mark already in continuous use up to l July
l993 which is identical with or similar to the service mark of another
person already registered in respect of the same or similar services may
continue to be used. However, a mark the use of which has been suspended
for three or more years after l July l993 shall not continue to be used.
Article 55 The specific measures for the administration of trademark
agency shall be separately provided for by the State Council.
Article 56 The classification of goods and services for the purposes
of registration of trademarks shall be formulated and published by the
administrative department for industry and commerce under the State
Council.
The documents or forms for filing applications for the registration of
trademarks or for attending to other trademark matters shall be
formulated and published by the administrative department for industry
and commerce under the State Council.
The rules for trademark review and adjudication of the Trademark
Review and Adjudication Board shall be formulated and published by the
administrative department for industry and commerce under the State
Council.
Article 57 The Trademark Office shall set up the Register of Trademark
Registration for the documentation of registered trademarks and matters
relating to the registration.
The Trademark Office shall compile, print and distribute the Trademark
Gazette to publish trademark registrations and other related matters.
Article 58 Fees shall be paid for applying for the registration of
trademarks or for handling other trademark matters. The items and
schedule of the fees shall be provided for and published by the
administrative department for industry and commerce under the State
Council in conjunction with the competent price administrative
department under the State Council.
Article 59 These Regulations shall enter into force on l5 September
2002. The Implementing Regulations of the Trademark Law of the People's
Republic of China promulgated by the State Council on l0 March l983,
revised for the first time with the approval by the State Council on 3
January l988, and revised for the second time with the approval by the
State Council on 15 July 1993 and the Answers by the State Council to
Issues Relating to the Attachment of Certificates for the Purpose of
Trademark Registration shall simultaneously be abrogated.
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