Regulation on the Implementation of the Trademark Law of the People's Republic of China

(Issued by Order No. 358 of the State Council of the People's Republic of China on August 3, 2002, and revised by Order No. 651 of the State Council of the People's Republic of China on April 29, 2014)

Chapter I General Provisions

Article 1 This Regulation is developed in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the “Trademark Law”).

Article 2 The provisions of this Regulation governing goods trademarks shall also apply to service trademarks.

Article 3 To request well-known trademark protection under Article 13 of the Trademark Law, a trademark holder shall submit evidential materials proving that the trademark is a well-known trademark. As needed for trying or handling the case, the Trademark Office and the Trademark Appeal Board shall, based on the evidential materials submitted by the party, determine whether the trademark is a well-known trademark in accordance with Article 14 of the Trademark Law.

Article 4 The geographic indications as mentioned in Article 16 of the Trademark Law may be registered upon application as certification marks or collective marks in accordance with the Trademark Law and this Regulation.

Where a geographic indication is registered as a certification mark, any natural person, legal person or other organization whose goods satisfy the conditions for using the geographic indication may request the use of the certification mark, and the organization which controls the certification mark shall permit the use. Where a geographic indication is registered as a collective mark, any natural person, legal person or other organization whose goods satisfy the conditions for using the geographic indication may file a request for joining the group, association or other organization which has registered the geographic indication as a collective mark, and the group, association or other organization shall accept the natural person, legal person or other organization as a member according to its bylaws; or if the natural person, legal person or other organization chooses not to file a request for joining the group, association or other organization which has registered the geographic indication as a collective mark, the natural person, legal person or other organization is entitled to legitimately use the geographic indication, and the group, association or other organization has no right to prohibit the use.

Article 5 Where a party authorizes a trademark agency to apply for trademark registration or handle other trademark matters, a power of attorney shall be submitted, stating the authorized matters and the limit of power. If the client is a foreign national or a foreign enterprise, the power of attorney shall also state the client's nationality.

The principle of reciprocity shall apply to the notarization and authentication requirements for the powers of attorney of foreign nationals or foreign enterprises and other relevant certification documents.

In an application for trademark registration or assignment, if the applicant or assignee is a foreign national or a foreign enterprise, a recipient within the territory of China shall be designated in the application form to receive the legal documents issued by the Trademark Office and the Trademark Appeal Board on subsequent trademark matters. The Trademark Office and the Trademark Appeal Board shall serve the legal documents on subsequent trademark matters upon the recipient within the territory of China.

The foreign national or foreign enterprise as mentioned in Article 18 of the Trademark Law means a foreign national or a foreign enterprise which does not have a habitual residence or business premises within China.

Article 6 The Chinese language shall be used in the application for trademark registration or in the handling of other trademark matters.

If any of the certificates, certification documents or evidential materials submitted under the Trademark Law and this Regulation is in a foreign language, a Chinese version shall be attached thereto; otherwise, the certificate, certification document or evidential material shall not be deemed to have been submitted.

Article 7 A staff member of the Trademark Office or the Trademark Appeal Board shall disqualify himself or herself, and a party or an interested party may request disqualification of the staff member:

(1) The staff member is a party or is a near relative of a party or the agent thereof.

(2) The staff member has any other relation with a party or the agent thereof, which may affect impartiality.

(3) The staff member has an interest in the application for trademark registration or in the handling of other trademark matters.

Article 8 Where a trademark registration application and other relevant documents are filed in the form of data message as mentioned in Article 22 of the Trademark Law, they shall be filed on the Internet in accordance with the rules of the Trademark Office or the Trademark Appeal Board.

Article 9 Except under the circumstances described in Article 18 of this Regulation, the date of submitting documents or materials by a party to the Trademark Office or the Trademark Appeal Board shall be the date of delivery if they are directly delivered by the party to the latter; the postmark date when the mail is sent if they are posted; or the day when the Trademark Office or the Trademark Appeal Board actually receives them if the postmark date is unclear or there is no postmark, unless the party is able to provide evidence on the actual postmark date. If they are delivered through an express delivery enterprise other than a postal enterprise, the date of submission shall be the day when the package is accepted by the express delivery enterprise; or the day when they are actually received by the Trademark Office or the Trademark Appeal Board if the date of acceptance of the package is not clear, unless the party is able to provide evidence on the actual date of acceptance of the package. If they are submitted in the form of data message, the date of submission shall be the day when the data message enters the electronic system of the Trademark Office or the Trademark Appeal Board.

When posting documents to the Trademark Office or the Trademark Appeal Board, a party shall use registered mail.

For documents submitted by a party to the Trademark Office or the Trademark Appeal Board in writing, the documents recorded in the archives of the Trademark Office or the Trademark Appeal Board shall prevail; and, for documents submitted in the form of data message, the documents recorded in the database of the Trademark Office or the Trademark Appeal Board shall prevail, unless the party has evidence to prove that the records in the archives or database of the Trademark Office or the Trademark Appeal Board are erroneous.

Article 10 The documents of the Trademark Office or the Trademark Appeal Board may be served upon a party by post, by direct delivery, in the form of data message, or by any other means. If the form of data message is adopted, the prior consent of the party shall be obtained. If the party has appointed a trademark agency for this purpose, the documents shall be deemed to have been served upon the party once they are served upon the trademark agency.

The date of service of the documents of the Trademark Office or the Trademark Appeal Board upon a party shall be the postmark date when they are received by the party if they are served by post; the documents shall be deemed to have been served upon the party after 15 days from the day when they are posted if the postmark date is unclear or there is no postmark, unless the party is able to prove the actual date of receipt; the date of service shall be the date of delivery if the documents are directly delivered by the Trademark Office or the Trademark Appeal Board upon the party; the documents shall be deemed to have been served upon the party after 15 days from the day when they are sent if the documents are served in the form of data message, unless the party is able to prove the date when the documents enter the electronic system of the party. If it is impossible to serve the documents by any of the aforesaid methods, they may be served by publication, and the documents shall be deemed to have been served upon the party after 30 days from the day when they are published.

Article 11 The following periods of time shall not be counted in the time limit for the examination or the trial of trademark matters:

(1) The time of serving the documents of the Trademark Office or the Trademark Appeal Board by publication.

(2) The time for a party to provide additional evidence or supplement and correct documents and the time for submitting a new statement of defense as a result of the change of a party.

(3) The time needed for submitting evidence on use, negotiating, and drawing lots, when there are applications submitted on the same day for registration of the same trademark.

(4) The time of waiting for the determination of the right of priority.

(5) The time of waiting for the results of another case involving prior rights upon request of the applicant in the process of examination or trial.

Article 12 Except under the circumstances described in paragraph 2 hereof, the commencing date of any time limit as mentioned in the Trademark Law or this Regulation shall not be included in the time limit. If the time limit is calculated by year or month, it shall expire on the corresponding day of the last month; if the corresponding day does not exist in the last month, it shall expire on the last day of the last month; or if the expiry date of a time limit falls on a holiday, the time limit shall expire on the first working day after the holiday.

The period of validity of a registered trademark as mentioned in Articles 39 and 40 of the Trademark Law shall commence from a statutory date, and expire on the day before the corresponding day in the last month of the period of validity. If the corresponding day does not exist in the last month, the last day of the last month shall be the expiry date.

Chapter II Applications for Trademark Registration

Article 13 An application for trademark registration shall be prepared according to the published table of classification of commodities and services. For each trademark registration application, the applicant shall submit to the Trademark Office one copy of the Application Form for Trademark Registration and one copy of the trademark design; and, if it applies for registering a color combination or colored design as a trademark, the colored design and one copy of the black and white design; or if no color is specified, the black and white design.

The trademark designs shall be clear, easy to paste, printed on clean and durable paper or recorded in photographs, and in a size of not less than five centimeters but not more than ten centimeters in length and width.

Where an application is filed for registering a three-dimensional symbol as a trademark, it shall be stated in the application, the instructions for use of the trademark shall be provided, and a design including, at a minimum, the three-view drawing shall be submitted based on which the three-dimensional shape could be determined.

Where an application is filed for registering a combination of colors as a trademark, it shall be stated in the application, and the instructions for use of the trademark shall be provided.

Where an application is filed for registering a sound trademark, it shall be stated in the application, a sound sample that meets the prescribed requirements shall be submitted, a description of the sound mark to be registered shall be provided, and the instructions for use of the trademark shall be provided. In addition to a textual description of the sound mark, the stave or numbered musical notation shall be used to describe the sound to be registered as a trademark; or if it is impossible to describe the sound mark with the stave or numbered musical notation, a textual description shall be provided. The trademark description shall be consistent with the sound sample.

Where an application is filed for registering a collective trademark or a certification mark, it shall be stated in the application, and a certification document on the eligibility of the applicant and the use management rules shall be submitted.

Where a trademark is in a foreign language or involves a foreign language, its meaning shall be explained.

Article 14 To apply for trademark registration, an applicant shall submit its identity certificate. The name of the trademark registration applicant shall be identical with that indicated in the certificate submitted.

The preceding paragraph on an applicant's submission of its identity certificate shall apply to the handling of other trademark matters with the Trademark Office such as modification, assignment, renewal, opposition, and cancellation.

Article 15 The name of the goods or service shall be entered according to the class number and name indicated in the table of classification of commodities and services. Where the name of the goods or service is not included in the table of classification of goods and services, a description of the goods or service shall be attached.

The trademark registration applications and other relevant documents submitted in paper form shall be typewritten or printed.

Paragraph 2 hereof shall apply to the handling of other trademark matters.

Article 16 To jointly apply for registration of the same trademark or to handle other matters concerning a co-owned trademark, a representative shall be designated in the application. If no representative is designated, the first applicant named in the application shall be the representative.

The documents of the Trademark Office and the Trademark Appeal Board shall be served upon the representative.

Article 17 Where an applicant changes its name, address, agent, or document recipient, or removes any of the designated goods, it shall undergo the modification procedure with the Trademark Office.

Where an applicant transfers its application for trademark registration, it shall undergo the transfer procedure with the Trademark Office.

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

If all the application materials are submitted, the application documents are completed as required, and fees are paid, the Trademark Office shall accept the application, and notify the applicant in writing of the acceptance; or, if not all the application materials are submitted, any application document is not completed as required, or fees are not paid, the Trademark Office shall reject the application, and notify the applicant in writing of the rejection and the reasons for the rejection. If basically all the application materials are submitted or the application documents basically satisfy the relevant requirements, but any supplement or correction is needed, the Trademark Office shall notify the applicant of the supplement or correction, and require the applicant to make the designated supplement or correction and send the supplemented or corrected application documents back to the Trademark Office within 30 days of receipt of the notice. If the application documents are supplemented or corrected and sent back to the Trademark Office within the prescribed time limit, the original date of application shall be maintained; or if the applicant fails to make the supplement or correction within the prescribed time limit or as required, the Trademark office shall reject the application, and notify the applicant in writing of the rejection.

The conditions for accepting an application in paragraph 2 hereof shall apply to the handling of other trademark matters.

Article 19 Where two or more applicants apply for registration of identical or similar trademarks on identical or similar goods on the same day, each applicant shall submit evidence on its prior use of the trademark before application within 30 days of receipt of a notice from the Trademark Office. If the applicants use the trademarks on the same day or none of them has ever used the trademarks, the applicants may, within 30 days of receipt of a notice from the Trademark Office, conduct consultation, and submit their written agreement to the Trademark Office; or, if they are unwilling to conduct consultation or such consultation fails, the Trademark Office shall notify the applicants that one applicant shall be determined by drawing lots and the registration applications of others shall be dismissed. Where any applicant fails to draw lots after being notified by the Trademark Office, the applicant shall be deemed to have forgone its application, and the Trademark Office shall notify the applicant in writing of it.

Article 20 To claim the right of priority under Article 25 of the Trademark Law, the duplicates of the application documents for trademark registration filed by the applicant for the first time shall be certified by the trademark authority accepting the application, and state the application date and number.

Chapter III Examination of Trademark Registration Applications

Article 21 The Trademark Office shall, according to the relevant provisions of the Trademark Law and this Regulation, examine a trademark registration application accepted, and grant an initial approval to the application and publish the initial approval if the application meets the prescribed requirements or if the application only meets the prescribed requirements for registration of the trademark on a part of the designated goods. If the application fails to meet the prescribed requirements or the application only fails to meet the prescribed requirements for registration of the trademark on a part of the designated goods, the Trademark Office shall refuse the application or refuse the application for registration of the trademark on the part of the designated goods, and notify the applicant in writing of the refusal and the reasons for the refusal.

Article 22 Where the Trademark Office refuses an application for trademark registration on a part of the designated goods, the applicant may file a divisional application for the part which has been granted initial approval, and the date of application of the divisional application shall be the same as that of the parent application.

If necessary, the applicant shall file an application for division with the Trademark Office within 15 days of receipt of the Notice on Partial Refusal of a Trademark Registration Application.

After receiving the application for division, the Trademark Office shall divide the original application into two pieces, assign a new application number to the divisional application which has been granted initial approval, and publish it.

Article 23 According to the provision of Article 29 of the Trademark Law, where the Trademark Office deems it necessary to require an explanation or amendment of a trademark registration application, the applicant shall provide an explanation or amendment within 15 days of receipt of a notice from the Trademark Office.

Article 24 Where an opposition is filed against a trademark which has been initially approved and published by the Trademark Office, the opponent shall submit the following opposition materials in duplicate to the Trademark Office by distinguishing the original from the duplicate:

(1) A completed application form for trademark opposition.

(2) The opponent's identification.

(3) Proof on the opponent's capacity as a prior right holder or an interested party, if the opposition is filed on the ground that paragraph 2 or 3 of Article 13, Article 15, paragraph 1 of Article 16, Article 30, Article 31, or Article 32 of the Trademark Law has been violated.

The application form for trademark opposition shall have a specific claim and factual basis, to which the relevant evidential materials shall be attached.

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

Article 26 Under any of the following circumstances, the Trademark Office shall reject an application for trademark opposition, and notify the applicant in writing of the rejection and the reasons for the rejection:

(1) The opposition application is not filed within the statutory time limit.

(2) The opponent's capacity or the ground of opposition fails to satisfy the provision of Article 33 of the Trademark Law.

(3) The opposition lacks specific grounds, facts, or legal basis.

(4) The opponent files again an opposition to the same trademark on the basis of the same ground, facts and legal basis.

Article 27 The Trademark Office shall deliver the duplicates of the trademark opposition materials to the party against whom the opposition is filed, and require the party to submit a defense within 30 days of receipt of the duplicates of the trademark opposition materials. The party's failure to submit such a defense shall not affect the decision of the Trademark Office.

Where a party needs to provide additional evidential materials after filing an application for trademark opposition or submitting a defense, the party shall state it in the application or defense, and provide the same within three months after the application for trademark opposition or the defense is submitted. A party that fails to submit the same upon expiry of the prescribed time limit shall be deemed to have forgone the provision of additional evidential materials. However, for evidence which comes into existence after the expiry of the prescribed time limit or evidence which the party fails to submit within the prescribed time limit for good reasons, if it is submitted after the expiry of the prescribed time limit, the Trademark Office may admit such evidence after it is delivered to and cross-examined by the opposing party.

Article 28 A decision to deny registration as mentioned in paragraph 3 of Article 35 and paragraph 1 of Article 36 of the Trademark Law includes a decision to deny registration on a part of the designated goods. For a trademark to which an opposition has been filed, if its registration has been published before the Trademark Office makes a decision to grant or deny registration, the publication shall be cancelled. If the registration is granted after the opposition is dismissed upon examination, its registration shall be published a new after the decision to grant registration comes into force.

Article 29 As referred to in the third paragraph of Article 41 of the Trademark Law, “a dispute against a registered trademark” means that a prior trademark registrant believes that a trademark registered later by another party is identical or similar to its registered trademark in respect of the same or similar goods.

Article 30 When applying for trademark review and adjudication, an application shall be submitted to the Trademark Review and Adjudication Board, accompanied with the copies corresponding to the number of the other party. If an application for review and adjudication is filed on the basis of the decision or the ruling made by the Trademark Office, the copies of such decision or ruling shall also be filed.

Upon receiving the application, the Trademark Review and Adjudication Board shall, upon examination, accept it if the requirements for acceptance are satisfied; if the requirements for acceptance are not satisfied, it shall not accept the application, and shall notify the applicant in writing and give the reasons therefor. If the application needs to be supplemented or corrected, the applicant shall be notified to make supplements or corrections within 30 days from the date of receipt of the notification. If, after being supplemented or corrected, the application still does not conform to the provisions, the Trademark Review and Adjudication Board shall refuse it, and notify the applicant in writing and give the reasons therefor; if no supplements or corrections are made at the expiry of the specified time limit, the application shall be considered withdrawn and the Trademark Review and Adjudication Board shall notify the applicant in writing.

If the Trademark Review and Adjudication Board finds that an application does not satisfy the requirements for acceptance after it has accepted the application, it shall refuse the application, notify the applicant in writing and give the reasons therefor.

Article 31 The Trademark Review and Adjudication Board shall, upon the acceptance of the application for trademark review and adjudication, send in time the copy of the application to the other party, who shall be required to make a response within 30 days from the date of receipt of such copy. If no response is made at the expiry of the time limit, it shall not affect the Trademark Review and Adjudication Board’s review and adjudication.

Article 32 Where a party needs to supplement related evidence after filing an application for review and adjudication or making a response, a statement for this purpose shall be made in the application or in the response, and the said evidence shall be submitted within three months from the date on which the application is filed or the response is made; if no evidence is submitted at the expiry of the time limit, the party shall be considered given up the supplementing of related evidence.

Article 33 The Trademark Review and Adjudication Board may, at the request of a party or on the basis of the practical needs, decide to review and adjudicate an application for review and adjudication in public session.

Where the Trademark Review and Adjudication Board decides to review and adjudicate the application for review and adjudication in public session, it shall notify in writing the parties 15 days before the public review and adjudication, informing them of the date, venue and persons conducting the public review and adjudication. The parties shall make a response within the time limit specified in the written notice.

Where the applicant does not make a response nor appear at the public review and adjudication, its application for review and adjudication shall be considered withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing. If the other party does not make a response nor appear at the public review and adjudication, the Trademark Review and Adjudication Board may conduct the review and adjudication by default.

Article 34 Where an applicant requests to withdraw its application before the Trademark Review and Adjudication Board makes a decision or ruling, it may withdraw its application after making an explanation of the reasons therefor in writing to the Trademark Review and Adjudication Board; where an application is withdrawn, the review and adjudication proceedings shall be terminated.

Article 35 Where an application for trademark review and adjudication has been withdrawn, the applicant shall not file another application for review and adjudication on the basis of the same facts and grounds. Where the Trademark Review and Adjudication Board has already made a decision or ruling on an application for trademark review and adjudication, no one shall file another application for review and adjudication on the basis of the same facts and grounds.

Article 36 Where a registered trademark is canceled pursuant to Article 41 of the Trademark Law, the exclusive right to use the said trademark shall be deemed as not existing from the very beginning. A decision or ruling on canceling a registered trademark shall have no retroactive effect on any judgment or order on any trademark infringement case made and already enforced by the people's court before the cancellation, nor on any decision on any trademark infringement case made and already enforced by the authority of administration for industry and commerce before the cancellation, and nor on any trademark assignment contract or trademark license contract already performed before the cancellation. However, the trademark registrant shall compensate any loss caused to another person due to its bad faith.

Chapter VI Administration of the Use of Trademarks

Article 37 Where a registered trademark is used, the characters “注册商标”or a registration mark may be indicated on goods, packages of goods, descriptions of goods or other ancillary items.

The registration mark includes 注and ®, which，in the use of such registration mark, shall be placed on the upper or lower right-hand corner.

Article 38 Where a Certificate of Trademark Registration is lost or damaged, an application for reissuance shall be filed with the Trademark Office. Where a Certificate of Trademark Registration is lost, a loss declaration shall be published in the Trademark Gazette. The damaged Certificate of Trademark Registration shall be sent back to the Trademark Office when the application for reissuance is submitted.

Where a Certificate of Trademark Registration is forged or altered, criminal liability shall be investigated for according to the provisions of the criminal law on the crime of forging or altering certificates of State organs or other crimes.

Article 39 With respect to any of the acts referred to in Article 44(1), (2) and (3) of the Trademark Law, the authority of administration for industry and commerce shall order the trademark registrant to rectify the situation within a specified time limit; where there is a refusal to rectify, it shall report to the Trademark Office for the cancellation of the registered trademark.

With respect to the act referred to in Article 44(4) of the Trademark Law, any person may apply to the Trademark Office for the cancellation of such registered trademark, and state the relevant circumstances. The Trademark Office shall notify the trademark registrant to, within two months from the date of receipt of the notification, provide evidence of use of the trademark prior to the submission of the application for cancellation, or explain proper reasons for non-use. If, at the expiry of the time limit, no evidence of use is provided or the evidence provided is invalid and there are no proper reasons for non-use, the Trademark Office shall cancel the registered trademark.

The evidence referred to in the preceding paragraph includes the evidence of use of the registered trademark by the trademark registrant and the evidence of licensing another person by the trademark registrant to use its registered trademark.

Article 40 For a registered trademark canceled under Article 44 or 45 of the Trademark Law, the Trademark Office shall publish it, and the exclusive right to use the said registered trademark shall be terminated from the date on which the Trademark Office makes the decision of cancellation.

Article 41 Where a registered trademark is canceled by the Trademark Office or the Trademark Review and Adjudication Board and the grounds for the cancellation involve some of the designated goods only, the registered trademark used on such goods shall be canceled.

Article 42 The amount of a fine imposed under Articles 45 and 48 of the Trademark Law shall be not more than 20% of the volume of the illegal business or not more than two times of the profit illegally earned.

The amount of a fine imposed under Article 47 of the Trademark Law shall be not more than 10% of the volume of the illegal business.

Article 43 Where licensing another person to use its registered trademark, the licensor shall, within three months from the date of conclusion of the license contract, submit the copy of the contract to the Trademark Office for the record.

Article 44 Where anyone violates the provisions of the second paragraph of Article 40 of the Trademark Law, the authority of administration for industry and commerce shall order it to make corrections within a specified time limit, or seize the representations of its trademark if no corrections are made at the expiry of the specified time limit. Where it is impossible to separate the representations of the trademark from the goods involved, both of them shall be seized and destroyed.

Article 45 Where the use of a trademark is in violation of the provisions of Article 13 of the Trademark Law, the party concerned may request the authority of administration for industry and commerce to prohibit such use. When filing an application for this purpose, the party shall submit evidence proving that its mark constitutes a well-known trademark. If the mark is determined as a well-known trademark by the Trademark Office pursuant to Article 14 of the Trademark Law, the authority of administration for industry and commerce shall order the infringer to stop the act of using the well-known trademark in violation of the provisions of Article 13 of the Trademark Law, seize and destroy the representations of the trademark; where it is impossible to separate the representations of the trademark from the goods involved, both of them shall be seized and destroyed.

Article 46 A trademark registrant applying for the removal of its registered trademark or for the removal of the registration of its trademark used on some of the designated goods from the Trademark Register shall submit an application for the removal of the trademark to the Trademark Office and return the original Certificate of Trademark Registration.

Where a trademark registrant applies for the removal of its registered trademark or the removal of the registration of its trademark on some of the designated goods from the Trademark Register, the exclusive right to use the registered trademark or the effect of the exclusive right to use the registered trademark on some of the designated goods shall be terminated from the date on which the Trademark Office receives the application for removal.

Article 47 Where a trademark registrant dies or terminates, each and every person may, at the expiry of one year from the date of death or termination, apply to the Trademark Office for the removal of the registered trademark in question from the Trademark Register if no formalities of transfer have been conducted with respect to the registered trademark. When applying for the removal, the applicant shall submit the evidence certifying the death or termination of the trademark registrant.

Where a registered trademark is removed from the Trademark Register due to the death or termination of the trademark registrant, the exclusive right to use the registered trademark shall cease from the date of death or termination of the trademark registrant.

Article 48 Where a registered trademark is canceled or removed from the Trademark Register as provided in Articles 46 and 47 of these Regulations, the original Certificate of Trademark Registration shall become invalid. Where the registration of the trademark on some of the designated goods is canceled or the trademark registrant applies for the removal of the registration of its trademark on some of the designated goods from the Trademark Register, the Trademark Office shall make a note on the original Certificate of Trademark Registration and return it to the registrant, or reissue the Certificate of Trademark Registration and publish it.

Chapter VII Protection of the Exclusive Right to Use a Registered Trademark

Article 49 Where a registered trademark consists of the generic name, design or model of the goods in question, or directly shows the quality, main raw materials, functions, intended purposes, weight, quantity or other characteristics of the goods in question, or consists of geographical names, the proprietor of the exclusive right to use the registered trademark shall have no right to prohibit the fair use thereof by another person.

Article 50 Any of the following acts shall constitute an infringement on the exclusive right to use a registered trademark referred to in Article 52 (5) of the Trademark Law:

(1) using any signs which are identical or similar to another person’s registered trademark as the name of the goods or decoration of the goods on the same or similar goods, thus misleading the public;

(2) intentionally providing facilities such as storage, transport, mailing, concealing, etc. for the purpose of infringing another person’s exclusive right to use a registered trademark.

Article 51 Where the exclusive right to use a registered trademark is infringed upon, each and every person may lodge a complaint with or report the case to the authority of administration for industry and commerce.

Article 52 The amount of a fine imposed on an act infringing the exclusive right to use a registered trademark shall be not more than three times of the volume of the illegal business. If it is impossible to calculate the volume of the illegal business, the amount of the fine shall be not more than 100,000 yuan.

Article 53 A trademark owner who believes that the registration of its well-known trademark as an enterprise name by another person is likely to deceive or mislead the public may apply to the competent registration authorities of enterprise names for the cancellation of the registration of the enterprise name. The competent registration authorities of enterprise names shall handle the case in accordance with the Provisions on Administration of Enterprise Name Registration.

Chapter VIII Supplementary Provisions

Article 54 Service marks continuously in use to July 1, 1993, which are identical or similar to any registered service marks of another person for the same or similar services, may continue to be used; however, if such use is suspended for a period of three years or more after July 1, 1993, it shall not be used any longer.

Article 55 The specific measures for the administration of trademark agency shall be separately formulated by the State Council.

Article 56 The Classification of Goods and Services for trademark registration shall be worked out and published by the authority of administration for industry and commerce under the State Council.

The format of the documents for applying for trademark registration or for handling other trademark matters shall be determined and published by the authority of administration for industry and commerce under the State Council.

The rules on review and adjudication to be followed by the Trademark Review and Adjudication Board shall be formulated and promulgated by the authority of administration for industry and commerce under the State Council.

Article 57 The Trademark Office shall establish and keep the Trademark Register recording registered trademarks and other registration matters.

The Trademark Office shall compile and issue the Trademark Gazette publishing trademark registration and other related matters.

Article 58 Fees shall be paid for applying for trademark registration or for handling other trademark matters. The items and standards for collecting fees shall be prescribed and published by the authority of administration for industry and commerce under the State Council jointly with the competent department for pricing of the State Council.

Article 59 These Regulations shall become effective as of September 15, 2002. The Rules for the Implementation of the Trademark Law of the People’s Republic of China, which was promulgated by the State Council on March 10, 1983, revised for the first time with the approval of the State Council on January 3, 1988 and revised for the second time with the approval of the State Council on July 15, 1993, and the Official Reply from the State Council Concerning Papers Furnished as Attachments to Applications for Trademark Registration, which was issued on April 23, 1995, shall be repealed simultaneously.