(Issued on August 3, 2002 according to Decree No. 358 of the State Council of the People’s Republic of China; amended on April 29, 2014 according to Decree No. 651 of the State Council of the People’s Republic of China)


Chapter I 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 Where the owner of the trademark requests for the protection of well-known trademark in accordance with Article 13 of the Patent Law, evidentiary materials shall be submitted for proving that the trademark constitutes the well-known trademark. The Trademark Office or the Trademark Review and Adjudication Board, as per the prescription of Article 14 of this Trademark Law, recognizes the well-known trademark status based on the evidentiary materials submitted by the Party when it deems such recognition is a necessary fact for examining or handling the case.

Article 4  For geographical indications referred to in Article 16 of the Trademark Law, applications may be filed to register them as certification marks or collective marks under the provisions of the Trademark Law and these Regulations.

Where a geographical indication is registered as a certification mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the use of the certification mark, and the organization in control of such certification mark shall permit the use. Where a geographical indication is registered as a collective mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the membership of the society, association or any other organization that has the geographical indication registered as a collective mark, and the society, association or any other organization shall accept the membership in accordance with its articles of association; those who do not request the membership of the society, association or any other organization that has the geographical indication registered as a collective mark may legitimately use the geographical indication, and the society, association or any other organization is not entitled to prohibit such use.

Article 5  Where a party entrusts a trademark agency with the application for registration of a trademark or with the handling of other trademark matters, a Power of Attorney shall be submitted. The Power of Attorney shall state the contents and the scope of powers; the Power of Attorney of a foreigner or foreign enterprise shall also state the nationality of the principal.

Procedures for notarizing and authenticating the Power of Attorney and certifying documents relating thereto of a foreigner or foreign enterprise shall be undertaken based on the principle of reciprocity.

With respect to the application for trademark registration or trademark transfer, where the applicant of the trademark registration or the trademark transferor and assignee is a foreigner or foreign enterprise, a receiver in Chinese territory shall be appointed in the application document to receive the subsequent legal documents concerning trademark business from the Trademark Office and Trademark Review and Adjudication Board, and the legal documents concerning the subsequent trademark business issued by the Trademark Office and Trademark Review and Adjudication Board are send to the receiver in China.

As mentioned in Article 18 of the Trademark Law, a foreigner or foreign enterprise refers to a foreigner or foreign enterprise having no habitual residence or place of business in China.

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

Where any certificate, certifying document or evidence submitted in accordance with the provisions of the Trademark Law and these Regulations is written in a foreign language, a Chinese translation shall be attached thereto; if no Chinese translation is attached, it shall be deemed that the certificate, certifying document or evidence has never been submitted.

Article 7.   In any of the following situations, a staff member of the Trademark Office or the Trademark Review and Adjudication Board shall voluntarily recuse himself, and a party or an interested person may demand his recusal:
(1) if he is a party, or a close relative of a party or an agent;
(2) if he has any other relation with a party or an agent that may affect impartiality; or
(3) if he has an interest with the application for trademark registration or the handling of other trademark matters.

Article 8. The documents concerning the application for trademark registration to be submitted in data messages as prescribed in Article 22 of the Trademark Law, shall be submitted through internet as regulated by the Trademark Office or the Trademark Review and Adjudication Board.

Article 9.   Except as otherwise provided in Article 18 of the Regulations, the date on which a party submits documents or papers to the Trademark Office or the Trademark Review and Adjudication Board, shall be the date of delivery if the documents or papers are submitted in person, the mailing date indicated by the postmark if they are sent by mail, or if the mailing date indicated by the postmark is illegible or there is no postmark, the date on which all of the papers or documents are received in the Trademark Office or the Trademark Review and Adjudication Board, except if the party can provide evidence of the exact date indicated by the postmark, the date on which the express companies receive the documents to be posted if the documents or papers are submitted through the express companies except the post office, or if the date of receiving the documents to be posted are unclear, the date on which the papers or documents are actually received in the Trademark Office or the Trademark Review and Adjudication Board, except if the party can provide evidence of the exact date of receiving the documents to be posted, or the date on which the documents enter into the electric system of the Trademark Office or the Trademark Review and Adjudication Board, if the documents are submitted in data messages.

The vouchered postal material shall be used if the party posts the documents to the Trademark Office or the Trademark Review and Adjudication Board.

The documents submitted by the party to the Trademark Office or the Trademark Review and Adjudication Board in a written form shall be the documents in records of the Trademark Office or the Trademark Review and Adjudication Board; and the documents submitted in data messages shall be the documents recorded in database of the Trademark Office or the Trademark Review and Adjudication Board, except that the party have evidences to prove that there is errors in the records or database of the Trademark Office or Trademark Review and Adjudication Board.

Article 10  The documents of the Trademark Office or the Trademark Review and Adjudication Board may be sent to a party by mail, in person or by other means; the documents can be sent in data messages under the consent of the party. Where the party entrusts a trademark agency, the documents shall be considered being delivered to the party once they are delivered to the trademark agency.

Where any document is sent to the party by the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of receipt indicated by 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 illegible, or there is no postmark, the document shall be deemed to have been delivered to the party on the fifteenth day from the date of posting the document, except that the party can prove the actual receipt date; the date of receipt shall be the date of delivery if it is delivered personally; where the documents are sent in data messages, the document shall be deemed to have been delivered to the party on the fifteenth day from the date of posting the document, except that the party can prove the date on which the documents enter into the electric system. Where any document cannot be sent by these means, the document may be served by 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 11. The following periods are not accounted into the period of hearing and examination of the trademarks:

(1) the period of serving the documents on the party by making an announcement by the Trademark Office or the Trademark Review and Adjudication Board;
(2) the period for the party to complement evidences or make changes and the period for re-preparing defenses due to the change of the interested party;
(3) the period for submitting evidences, negotiation and drawing lots due to different applications filed in one same day;
(4) the period for waiting for the determination on the priority;
(5) the period for waiting for the examination result of the priority case according to the request of the applicant of the case during hearing and examination.

Article 12.   Except as otherwise provided in Article 2 of the Regulations, the date on which various limit time as prescribed in the Trademark Law and the present regulations is not accounted into the limit time. Where the limit time is accounted by years or month, the corresponding date of the last month of the time limit as the expiration date; if there is not such corresponding date in the month, the last date of the month serves as the expiration date; if the expiration date falls in a period of a holiday, the first work day after the holiday serves as the expiration date.

Where the period of validity of a registered trademark as prescribed in Article 39 and 40 starts from the statuary date, the date before the date of the last limit month corresponding to the statuary date is the expiration date, and if there is not the corresponding date, the last date of the month is the expiration date.


Chapter II Application for Trademark Registration

Article 13 When applying 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 one copy of the reproduction of the trademark; if an application is filed for the registration of a color combination or colored design, one copy of color reproduction of the trademark shall be attached as well as one copy of black and white design of the trademark; and if no color is claimed, a black and white design of the trademark shall be submitted.

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 10 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, an explanation of how to use the trademark shall be made, and the reproduction capable of defining the three-dimensional shape be submitted, which shall comprise at least three view drawings.

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 sound marks as a trademark, a statement shall be made in the application, a sound sample in conformity with requirements shall be submitted, a description of the sound trademark applied for registration shall be made, and the method of the use of the trademark shall be explained. As for the description of the sound trademark, the sound applied to be registered s a trademark shall be described by staff or numbered musical notation accompanied by literal explanations, and otherwise, by texts if failing to be described by staff or numbered musical notation; and the description shall be consistent with the sound sample.

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 Filing an application for the registration of a trademark, the applicant shall submit certificates for proving his identification. The name of the applicant for trademark registration shall be consistent with the certificates submitted.

The provisions as prescribed in the last paragraph about the certificates for providing the identification of the applicant submitted by the applicant are applicable to other matters concerning trademarks, such as request for changes, transfer, extension, opposition and cancellation filed with the Trademark Office.

Article 15 The goods or services shall be listed in the application according to class numbers and names in the Classification of Goods and Services. If the names of goods or services are not listed in the Classification of Goods and Services, a description of the said goods or services shall be attached.

Where the documents relating to an application for trademark registration are submitted in papers, the documents shall be typewritten or printed.

The second rule of this article is applicable for handling other matters relating to trademarks.

Article 16 Where an application is jointly filed for registration of the same trademark or other matters relating to trademarks are jointly handled, 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.

The documents issued by the Trademark Office and the Trademark Review and Adjudication Board shall be sent to the representative.

Article 17 Where an applicant changes his name, address, agent, document receiver or deletes or reduces designated goods, he may go through the formalities for the change with the Trademark Office.

Where an applicant who assigns his application for trademark registration, he shall go through the formalities for the assignment with the Trademark Office.

Article 18 The filing date of an application for trademark registration shall 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 is filled out and the relevant fees are paid 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 is not filled out or the relevant fees are not paid 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 document basically comply with 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 or amended not according to requirements, the application shall not be accepted, and the Trademark Office shall notify the applicant in writing.

The second rule of this article is applicable for handling other matters relating to trademarks.

Article 19 Where two or more applicants respectively apply for the registration of identical or similar trademarks used on the identical or similar goods on the same day, each applicant shall, 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 25 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.

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.
  
Article 22 Where the Trademark Office rejects the application for the registration of trademarks in respect of a part of designated goods, the applicant may divide the part of the application which is preliminarily approved into another application with the filing date of the initial application retained.

If such division is needed, the applicant shall file a request for dividing application within 15 days from the date of receipt of the Notification of Rejection on Part of Application for Registration of Trademarks from the Trademark Office.

After receiving the request for dividing application, the Trademark Office shall divides the initial application into two parts, generate a new application number for the part of the application as preliminarily approved and publish it.

Article 23 Where explanations or amendments need to be made as deemed by the Trademark Office according to Article 29 of the Patent Law, the applicant shall make explanations or amendments within 15 days from the date of receipt of the Notification from the Trademark Office.

Article 24 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 following materials for the opposition in duplicate with the original copy and duplicated copy marked:

(1) Application for opposition to trademark;
(2) Identity certificate for opponents;
(3) Certificates for indentifying the opponents as priority right owner or interested party, if the opposition is filed on the grounds of inconformity with Articles 13.2 and 13.3, Article 15, Article 16.1, Article 30, Article 31 and Article 32 of the Trademark Law.

The Application for Trademark Opposition shall state clear request and facts and bases with relevant evidences attached thereto.

Article 25 Where the Application for Trademark Opposition after being received, complies with accepting conditions through examination, the Trademark Office accepts it and issues an Accepting Notification to the opponent.

Article 26 Where the Application for Trademark Opposition has the following cases, the Trademark Office will not accept it and inform the opponent in writing and state reasons:

(1) Failure in being filed within the statuary time limit;
(2) The identity quality of the opponent and the grounds for opposition are no in conformity with Article 33 of the Trademark Law;
(3) No clear grounds, facts or legal basis for opposition;
(4) Application for opposition to same trademarks filed again with the same reasons, facts and legal basis by same opponents.

Article 27 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. But, if the evidences are generated after the expiration or the interested party raised appropriate reasons for failure in submitting evidences before the expiration, the evidences may be accepted after the cross-examination by the opposed party on the evidences sent by the Trademark Office.

Article 28 The Decision of Non-approval for Registration as per Article 35.3 and Article 36.1 of the Trademark Law includes the decision of non-approval for registration of trademarks on parts of designated goods.

Where an opposed trademark has, prior to the coming into effect of the adjudication of permitting or not permitting the registration, been announced as a registered trademark in the Trademark Gazette, the registration announcement shall be cancelled. If the opposition is untenable through examination and the registration is approved, the registration is re-announced after the validity of approval for registration.

Article 29 Where the trademark registration applicant or trademark registrant files a quest for correction according to Article 38, an Application for Correction shall be filed with the Trademark Office; if the conditions for correction are not satisfied, the Trademark Office shall not approve it, inform the applicant in writing and state reasons.

Where the trademarks which are preliminary approved and published, or announced as being registered are corrected, the announcement for correction shall be published.

Chapter IV Modification, Assignment and Renewal of Registered Trademarks

Article 30 When applying for modification of his name, address or other registration matters, the registrant shall file an Application for Modification with the Trademark Office. When applying for modification of his name, the registrant shall submit modification certificate issued by the relevant registry. 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 and address, the trademark registrant shall make the modifications in all his registered trademarks. If he fails to do so, the Trademark Office notify the registrant to make modification within time limit; where the modification 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.

Article 31 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 both the assignor and 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.

Article 32. If the exclusive right to use a registered trademark is transferred for inheritance or other reasons other than assignment, the party accepting 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 transferring the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
 
Where the application for transferring trademarks are approved, a publication will be made, and the party who accepting the transfer of the exclusive right to use the registered trademark is entitled to have the exclusive right to use the trademark as of the publication date.
 
Article 33 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.

Chapter V Trademark International Registration

Article 34 The international registration of trademarks as stipulated by Article 21 of the Trademark Law refers to Madrid International Registration of Trademarks processed according to “Madrid Agreement concerning International Registration of Trademarks” (hereinafter referred to as the Madrid Agreement), “Protocol relating to Madrid Agreement concerning International Registration of Trademarks” (hereinafter referred to as Madrid Protocol) and “the Common Regulations for the Implementation of Madrid Agreement concerning International Registration of Trademarks and Protocol relating to Madrid Agreement concerning International Registration of Trademarks”.

The Madrid International Application for Trademark Registration includes an application for international registration of trademarks with China as its original country, application for designating China's territorial extension and other related applications.

Article 35 Where an applicant for international registration of a trademark is a Chinese country, it shall have a real and effective establishment in China or have a domicile in China or may have Chinese nationality.

Article 36 An applicant who complies with the provisions of Article 35 of these Regulations has had a trademark registered with the Trademark Office and may apply for the international registration of the trademark in accordance with the Madrid Agreement.

An applicant who has complied with the provisions of Article 35 of these Regulations has had a trademark registered with the Trademark Office, or has an application for registration of a trademark filed with and accepted by the Trademark Office, may apply for the international registration of the trademark in accordance with the Madrid Protocol.

Article 37 Where an international registration is filed with China as the original country, it shall apply to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) through the Trademark Office.  

The designation, waiver and cancellation of the international registration of the trademark with China as the original country in relation to the Madrid Agreement shall be applied to the International Bureau through the Trademark Office; the transfer, deletion, alteration and renewal of the international registration of the trademark relating to the Madrid Agreement shall be applied either to the International Bureau through the Trademark Office, or directly to the International Bureau.

Article 38 Where an international registration of trademarks and other relevant applications are applied to the International Bureau through the Trademark Office, applications and related materials in accordance with the requirements of the International Bureau and the Trademark Office shall be filed.

Article 39 The goods or services designated in the application of international registration for trademark may not exceed the scope of domestic basic application or basic registered goods or services.

Article 40 If the procedures for the application of international registration for trademarks are not complete or the application form is not filed in accordance with regulations, the Trademark Office shall not accept it and the application date shall not be retained.

If the application procedure is basically complete or the application form is basically in compliance with the provisions, but the applicant needs to make corrections within 30 days from the date of receipt of the correction notice. If the applicant fails to make corrections within the time limit, the applicant shall notify the applicant in writing.

Article 41 Where the application for international registration of trademarks and other relevant applications are filed to the International Bureau through the Trademark Office, the fees shall be should be paid in accordance with the provisions of the cost.

The applicant shall pay the fee to the Trademark Office within 15 days from the date of receipt of the notice of payment issued by the Trademark Office. If the applicant fails to pay, the Trademark Office will not accept the application and notify the applicant in writing.

Article 42 In accordance with the provisions of the Trademark Law and the relevant provisions of this Regulations, the Trademark Office shall examine the application for territorial extension of the designated China, make a decision on it and notify the International Bureau within the period of rejection (hereinafter referred to as the rejection period) stipulated in the Madrid Agreement or the Madrid Protocol. If the Trademark Office does not issue a notice of refusal or partial refusal within the rejection period, the Territory Extension Application shall be deemed to be approved.

Article 43 Where the applicant who designates a territorial extension in China, requires the three-dimensional mark, color combination and sound mark as a trademark to be protected or require the protection of a collective mark or certification mark, the relevant materials shall be submitted to the Trademark Office in accordance with the provisions of Article 13, within 3 months from the date of registration of the mark in the International Register of International Office, through the trademark agency established in accordance with laws. Where the relevant materials are not submitted within the above-mentioned time limit, the Trademark Office shall reject the application for the territory extension.

Article 44 The World Intellectual Property Organization (WIPO) announces the matters relating to the international registration of trademarks and the Trademark Office no longer announces it.

Article 45 Regarding the application for designated China as the extension territory, the opponent who meets the conditions specified in Article 33 of the Trademark Law may apply the opposition to the Trademark Office within 3 months from the first day of the month next to the month when the date of publication of the International Trademark Gazette issued by the World Intellectual Property Organization.

The Trademark Office informs the International Office of the relevant circumstances of the opposition in the form of a rejection decision within the rejection period.

The respondent may reply within 30 days from the date of receipt of the notice of rejection transferred by the International Office, and the defense and relevant evidences shall be submitted to the Trademark Office through a trademark agency established in accordance with laws.

Article 46 An internationally registered trademark that is protected in China is valid from the date of the international registration date or the date specified in the later period. Before the expiry of the validity period, the registrant may apply for renewal to the International Office and, if it does not apply for renewal within the validity period, may grant a six-month extended period. The Trademark Office shall, after receiving the notice of renewal of the International Bureau, conduct a review according to law. If the International Office informs of not being renewed, the international registered trademark shall be canceled.

Article 47 Where the application with China as the designated extension territory is transferred, the assignee shall have a true and effective place of business in the territory of the contracting party or have a domicile in the territory of the contracting party or a national of the contracting party.

Where the assignor does not transfer the same or similar trademark on the same or similar goods or services, the Trademark Office informs the registrant that the registration has to be corrected within 3 months from the date of issuing the notice; the expiry or the transfer is likely to cause confusion or there are other adverse effects, the Trademark Office makes the decision to invalidate the transfer in China and makes a statement to the International Office.

Article 48 Where upon the deletion from the application with China as the designate extension territory, the goods or services after the deletion do not meet the requirements of the relevant goods or services in China or go beyond the scope of the original designated goods or services, the Trademark Office makes the decision to invalidate the deletion in China and makes a statement to the International Office.

Article 49 Application for revocation of an internationally registered trademark in accordance with the provisions of Article 49.2 of the Trademark Law shall be made to the Trademark Office after 3 years from the expiry date of the rejection period of the application for international registration of the trademark; where the application is still in the procedure of review for rejection or the procedures relating to the opposition when the rejection period expires, the application for revocation shall be made to the Trademark Office after 3 years from the date of entry into force of the approval decision for registration made by the Trademark Office or the Trademark Review and Adjudication Board.

An application for invalidating an internationally registered trademark under the provisions of Article 44.1 of the Trademark Law shall be made to the Trademark Review and Adjudication Board, after the expiration of the rejection period of the application for the international registration of trademarks; where the application is still in the procedure of review for rejection or the procedures relating to the opposition when the rejection period expires, the application for invalidation shall be made to the Trademark Office after the validation of the approval decision for registration made by the Trademark Office or the Trademark Review and Adjudication Board.

An application for invalidating an internationally registered trademark under the provisions of Article 45.1 of the Trademark Law shall be made to the Trademark Review and Adjudication Board, within 5 years from the expiration of the rejection period of the application for the international registration of trademarks; where the application is still in the procedure of review for rejection or the procedures relating to the opposition when the rejection period expires, the application for invalidation shall be made to the Trademark Office within 5 years from the date of entry into force of the approval decision for registration made by the Trademark Office or the Trademark Review and Adjudication Board. For malicious registration, well-known trademark owners are not subject to a five-year time limit.

Article 50 The provisions of the Trademark Law and the following provisions of this Regulations shall not apply to matters relating to the international registration of trademark:
(1) the provisions of Article 28 and Article 35.1 of the Trademark Law on the period of review and hearing;
(2) Article 22 and Article 30.2 of these Regulations;
(3) Article 42 of the Trademark Law and Rule 31 of these Regulations on that the assignor and the assignee jointly apply for the transfer of the trademark and handle the formalities.

Chapter VI Trademark Review and Adjudication

Article 51 Trademark review refers to that the Trademark Review and Adjudication Board reviews and adjudicates the trademark dispute matters in accordance with the provisions of Article 34, Article 35, Article 44, Article 45 and Article 54 of the Trademark Law.

The parties shall make a request for trademark review and adjudication to the Trademark Review and Adjudication Board, with clear requests, facts, reasons and legal basis, and provide the corresponding evidence.

The Trademark Review and Adjudication Board shall conduct a review according to the facts.

Article 52 Where the Trademark Review and Adjudication Board hears the case of refusal to accept the decision of the Trademark Office on rejecting the application for the registration of the trademark, it shall examine the refusal decision made by the Trademark Office, the facts, reasons, and requests in respect of the review request filed by the applicant, and the fact state at the time of the review.

Where the Trademark Review and Adjudication Board, during hearing the case of refusal to accept the decision of the Trademark Office on rejecting the application for the registration of the trademark, finds that the trademark applied for registration has violated the provisions of Article 10, Article 11, Article 12 and Article 16.1 of the Patent Law, and the Trademark Office fails to make refusal decision according to the aforesaid clauses, it can make a review decision of rejecting the application in accordance to the aforesaid clauses. The Trademark Review and Adjudication Board should listen to the applicant's opinions before making a review decision.

Article 53 Where the Trademark Review and Adjudication Board hears the case of refusal to accept the decision of the Trademark Office on the disapproval of the registration of the trademark, it shall examine the disapproval made by the Trademark Office, the facts, reasons, and requests in respect of the review request filed by the applicant, and observations filed by the original dissident.

Where the Trademark Review and Adjudication Board hears the case of refusal to accept the decision of the Trademark Office on the disapproval of the registration of the trademark, it shall inform the initial dissident to participate the hearing and make comments. The original dissident’s opinions which have impacts on the case examination result, shall serve as the basis for review; and there is no impact on the review of the case if the original dissident does not participate the hearing or make comments.

Article 54 Where the Trademark Review and Adjudication Board hears the case of requesting for invalidating the registered trademark in accordance with Article 44 and Article 45 of the Patent Law, it shall conduct review regarding the facts, reasons and requests for the application and reply of the parties.

Article 55 Where the Trademark Review and Adjudication Board hears the case of refusal to accept the decision made by the Trademark Office on the invalidation of the registration of trademarks in accordance with Article 44.1 of the Trademark Law, it shall conduct review in respect of decision made by the Trademark Office and the facts, reasons and requests of the review request of the applicant.

Article 56 Where the Trademark Review and Adjudication Board hears the case of refusal to accept the decision made by the Trademark Office on revoking or maintaining the registered trademark in accordance with Article 49 of the Patent Law, it shall conduct the review in respect of the decision made by the Trademark Office on revoking or maintaining the registered trademark and facts, reasons and requests based on which the review request is filed by the parties.

Article 57 For applying a trademark review, the application shall be submitted to the Trademark Review and Adjudication Board and copies in a corresponding number shall be submitted in accordance with the number of the other party. If the application for review is made on the basis of the decision of the Trademark Office, a copy of the decision of the Trademark Office shall be accompanied.

Trademark Review and Adjudication Board after receiving the application, accept the review in line with the admissibility of the conditions to be accepted; and does not accept the review which does not meet the conditions of acceptance; notifies the applicant in writing and explain the reasons; and notifies the applicant to make correction within 30 days from the date of receipt of the notice, if a correction is needed. If the application is still not met with regulations, the Trademark Review and Adjudication Board shall not accept it and notify the applicant in writing and state the reasons; if no correction is made at the expiration, the application is deemed as withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

The Trademark Review and Adjudication Board after accepting the trademark review application, may reject it, if it is found not to meet with conditions, and notify the applicant in writing and explain the reasons.

Article 58 The Trademark Review and Adjudication Board shall, after accepting the application for trademark examination, promptly send a copy of the application to the other party, and require to make responses within 30 days from the date of receipt of the copy of the application; and failing to make responses at the expiration shall not affect the review of the Trademark Review and Adjudication Board.

Article 59 If the party concerned needs to supplement the relevant evidence after submitting the application for review or reply, it shall declare it in the application or statement of defense and submit it within 3 months from the date of submission of the application or the statement of defense; failure to submit it at the expiration of the period is deemed as to give up supplementing the relevant evidence. However, where the evidences generate after the expiration of the period or the parties have other justifiable reasons for not submitting evidences before the expiry of the period, the evidences submitted after the expiration of the period shall be sent to the other party by the Trademark Review and Adjudication Board and can be accepted after cross-examination.

Article 60 The Trademark Review and Adjudication Board may, on the basis of the request or actual needs of the parties, decide to conduct oral hearings on the application for review.

If the Trademark Review and Adjudication Board decides to conduct oral examination of the application for examination and approval, it shall notify the party concerned in writing before 15 days of oral hearing and inform the date, place and assessor of the oral hearing. The parties shall respond within the time limit specified in the notice.

If the applicant does not reply or does not participate in the oral hearing, the application shall be deemed to be withdrawn. The Trademark Review and Adjudication Board shall notify the applicant in writing. If the respondent fails to reply or does not participate in the oral hearing, the Trademark Review and Adjudication Board may absent the review.

Article 61 The applicant may, before making a decision or ruling by the Trademark Review and Adjudication Board, request the withdrawal of the application in writing to the Trademark Review and Adjudication Board and state the reasons therefor, and the Trademark Review and Adjudication Board deems it can be withdrawn, the review procedure is closed.

Article 62 If the applicant withdraws the application for trademark examination and approval, it shall not submit the application for review again on the same facts and reasons. If the Trademark Review and Adjudication Board has made a ruling or decision on the application for trademark review, no person shall submit the application for review again on the same facts and reasons, except the application for invalidation of the registered trademark filed to the Trademark Review and Adjudication Board after the registration is approved through the review procedure of disapproval for registration.

Chapter VII ADMINISTRATION OF TRADEMARK USE

Article 63 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   and ®. When used, the registration signs shall be marked or indicated on the upper or lower right corner of the trademark.

Article 64 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.

Trademark registrants shall submit the corresponding application to the Trademark Office if they require the Trademark Office to issue a certificate of change, transfer or renewal certificate, issue a certificate of registration of the trademark, or to issue the certificate of priority. If conditions are met, the Trademark Office issues the corresponding certificate; and if not met, the Trademark Office does not accept it and shall notify the application and inform the reasons.

Where a Certificate of Trademark Registration or other certification documents of the trademark are 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 65
If a registered trademark specified in Article 49 of the Trademark Law becomes the common name of the commodity approved for use, any unit or individual may apply to the Trademark Office for revoking the registered trademark, and the application shall be accompanied by evidence. The Trademark Office shall notify the Trademark Registrar within two months from the date of receipt of the notice; if it does not reply, it shall not affect the decision of the Trademark Office.

Article 66 Where a registered trademark as provided for in Article 49 of the Trademark Law is not used for three consecutive years without any reason, any unit or individual may apply to the Trademark Office for revoking the registered trademark and shall state the relevant circumstances when submitting the application. The Trademark Office shall notify the Trademark Registrar within 2 months from the date of receipt of the notice to submit the evidence of the trademark in use before the application for cancellation is submitted or state appropriate reasons for non-use; For the failure in providing the evidence materials of sue or providing invalid evidence materials without any appropriate reasons at the expiration of the period, the Trademark Office revokes the registered trademark.

The evidentiary materials used in the preceding paragraph include evidence of the use of the registered trademark by the trademark registrant and the evidence of permitting others to use the registered trademark by the trademark registrant.

If the application for revocation of a registered trademark is made for three consecutive years without a valid reason, the application shall be made after 3 years from the date of publication of the trademark registration.

Article 67 The following circumstances are the justified reasons as stipulated by the provisions of Article 49 of the Trademark Law:
(A) force majeure;
(B) government policy restrictions;
(3) bankruptcy liquidation;
(4) Other justified reasons that are not attributable to the registrant of the trademark.

Article 68 Where the Trademark Office, and Trademark Review and Adjudication Board revoked the registered trademark or declared a registered trademark invalid only due to the parts of the designated goods, the registered trademark used on the part of the designated goods shall be revoked or declared invalid.

Article 69 If the licensee uses the registered trademark, the licensor shall file with the Trademark Office within the validity period of the license contract and submit the filing materials. The filing material shall state such matters as the licensee, the licensee, the license period, the goods or services to be used for the registered trademark.

Article 70 Where the exclusive right of the registered trademark is pledged, the pledged person and the pledgee shall sign a written pledge contract and jointly submit the application for the pledge registration to the Trademark Office and shall be announced by the Trademark Office.

Article 71 Where the trademark is in violation of the provisions of Article 43.2 of the Trademark Law, the administrative department for industry and commerce shall order to make corrections within a prescribed time limit; if the corrections fail to be made within the time limit, the sale related to trademark shall be ordered to stop, and if it is refused to stop the sale, a fine of no more than 100, 000 yuan shall be imposed.

Article 72 Where a trademark holder requests protection of a well-known trademark in accordance with the provisions of Article 13 of the Trademark Law, he may make a request to the administrative department for industry and commerce. Where a trademark is confirmed as a well-known trademark by the Trademark Office in accordance with Article 14 of the Patent Law, the administrative department for industry and commerce shall order to stop the behavior of using the trademark in violation of Article 13 of the Trademark Law, and seize and destroy the illegally used trademark signs; where the trademark signs and goods are hard to be separated, they are seized and destroyed together.

Article 73 Where a trademark registrant applies for the cancellation of his registered trademark or the cancellation of the registration of its trademark on some designated commodities, it shall submit the application for cancellation of the trademark to the Trademark Office and return it to the original "Trademark Registration Certificate".

Where the trademark registrant applies for the cancellation of its registered trademark or the cancellation of the registration of its trademark on some designated commodities, the validity of the exclusive right of the registered trademark or the registered trademark in the designated commodity, through examination and approval by the Trademark Office, shall be closed from the date of receipt of the cancellation application by the Trademark Office

Article 74 If the registered trademark is revoked or canceled in accordance with the provisions of Article 73 of these Regulations, the original "Trademark Registration Certificate" shall be invalidated and shall be publicized; where the registration of the trademark on some designated commodities is revoked or cancellation of the trademark on the designated part of the registered goods is applied, "trademark registration card" is reissued and announced.

Chapter VIII Protection of the Exclusive Right of Registered Trademark

Article 75 Providing warehousing, transportation, mail, printing, concealment, place of business, network commodity trading platform, and the like for the infringement of other people's exclusive rights pertains to the behavior of providing convenient condition as stipulated by Article 57.6 of the Patent Law.

Article 76 Using the sign which is the same or similar to other registered trademark on the same or similar goods as a trademark name or for commodity decoration use pertains to the infringement of the exclusive right of using the registered trademark as stipulated by Article 57.2 of the Patent Law.

Article 77 Any person who can complain or report to the administrative department for industry and commerce for the infringement of the exclusive right of using the registered trademark.

Article 78 The following factors may be taken into account in calculating the amount of illegal business as stipulated in Article 60 of the Trademark Law:
(1) the selling price of the infringing commodity;
(2) the price of goods that are not sold;
(3) the average price of the actual sales of the infringing commodity has been checked;
(4) the mid-market price of the infringing commodity;
(5) the income from the infringer's infringement;
(6) other factors that can reasonably calculate the value of the infringing commodity.

Article 79 The following circumstances are the situations capable of proving that the goods are legally obtained according to Article 60 of the Patent Law:

(1) Having a list of goods and receipts legally signed by the supply unit and being certified by the supplier or the supplier;
(2) Where there is a purchase contract signed by both parties to the supply and marketing and has been fulfilled by verification;
(3) having a legitimate purchase invoice and the invoice record item corresponding to the commodity involved;
(4) other cases which prove that the goods can be legally obtained.

Article 80 Where the seller does not know that the goods violate the exclusive right of using the registered trademark, and can prove that the commodity is legally obtained and indicate the provider. The administrative department for industry and commerce shall order it to stop selling and inform the administrative department of industry and commerce of the place where the infringing commodity supplier is located. 
 
Article 81 Where the right of the registered trademark concerned is being examined by the Trademark Office or the Trademark Review, or in the appeal by the People’s Court, and the result of the case may affect the nature of the case, it belongs to the conversion of the trademark ownership under Article 62 (3) of the Trademark Law.
 
Article 82 In the process of investigating trademark infringement cases, the administrative department for industry and commerce may require the right holder to identify whether the commodity in question is produced by the right holder or is the products under the product permission.

Chapter IX Trademark Agency

Article 83 The trademark agency referred to in the Trademark Law refers to, by the entrustment of the entrusted person, handling of trademark registration application, trademark examination or other trademark matters in the name of the principal.


Article 84 The trademark agency referred to in Trademark Law include the service organizations engaged in trademark agency business as registered in the industrial and commercial administrative departments and law office engaged in trademark agency businesses.

Trademark agency engaged in agency business relating to trademark matters which is charged by Trademark Office and Trademark Review and Adjudication Board, should make recordation in the Trademark Office in accordance with the following provisions:
(1) to submit the certificate of registration record by the industrial and commercial administrative department or the certificate of approval for establishing a law firm by the judicial administrative department and to maintain a copy of the certificates;
(2) to provide the basic information such as the name, domicile, person in charge and contact information of the trademark agency;
(3) to submit the list of trademark agents and contact information.

The administrative department for industry and commerce shall establish a credit file of the trademark agency. Where a trademark agency violates the Trademark Law or the provisions of these Regulations, it shall be publicly notified by the Trademark Office or the Trademark Review and Adjudication Board and recorded to its credit file.

Article 85 The trademark agency practitioners referred to in the Trademark Law refer to the staff engaged in the trademark agency business in the trademark agency.

Trademark agency practitioners shall not accept the entrustment in their own name.

Article 86 The relevant application documents submitted by the trademark agency to the Trademark Office and the Trademark Review and Adjudication Board shall be stamped with the official seal of the agency and signed by the relevant trademark agent.

Article 87 If the trademark agency applies for registration or transfers agent services other than the trademark, the Trademark Office will not be accept it.

Article 88 The following acts belong to the behaviors which disrupt the trademark agency market order by other improper means as stipulated by Article 68.1.2 of the Trademark Law:
(1) to attract business by means of fraud, false propaganda, misunderstanding or commercial bribery;
(2) concealing facts, providing false evidence, or threatening and inducing others to conceal facts and provide false evidence;
(3) accepting the entrustment by the parties who have the conflict of interest in the same trademark case.
 
Article 89 Where the trademark agency has any of the acts as stipulated in Article 68 of the Trademark Law, the administrative department for industry and commerce at or above the county level of the place where the perpetrator is located or where the illegal act takes place shall conduct investigation and treatments and communicated to the Trademark Office about it.

Article 90 Where the Trademark Office, and Trademark Review and Adjudication Board in accordance with the provisions of Article 68 of the Trademark Law stops accepting the trademark agency matters serviced by the trademark agency, they may make a decision of stopping accepting the trademark agency matters serviced by the trademark agency for 6 months until permanently. The Trademark Office and the Trademark Review and Adjudication Board shall resume the acceptance after the expiry of the period of stopping accepting the Trademark Agency matters.

The decision of the Trademark Office and the Trademark Review and Adjudication Board to cease or resume the acceptance of the Trademark Agency shall be announced on its website.

Article 91 The administrative department for industry and commerce shall strengthen the supervision and guidance of the trademark agency industry organization.

Chapter X Supplementary Provisions

Article 92 Where a service trademark continuing to be used as of July 1, 1993, is the same or similar to the service trademark registered on the same or similar service of others, it may continue to be used; however, if after July 1, 1993, it has been discontinued for more than three years, it shall not continue to be used.

Where the trademark that has been used continuously until the first time that the Trademark Office accepts the newly opened goods or service items is the same or similar to those registered on the same or similar goods or services of the newly opened commodity or service item, it may continue to be used; however, after the date of first acceptance, it has been discontinued for more than three years, it shall not continue to be used.

Article 93 The list of goods and services for the registration of trademarks shall be formulated and published by the Trademark Office.

The format of the filing of the application for trademark registration or other trademark matters shall be formulated and promulgated by the Trademark Office and the Trademark Review and Adjudication Board.

The review rules to be complied by the Trademark Review and Adjudication Board shall be formulated and promulgated by the administrative department for industry and commerce under the State Council.

Article 94 Trademark Office sets up a "trademark registration", and records the registered trademark and the registration matters.

Article 95 "Trademark Registration Certificate" and the relevant proof are the certificate that the right holder to enjoy the exclusive right. The registration matters mentioned in the Trademark Registration Certificate shall be consistent with the Trademark Registration Book. If it is not consistent, there is any evidence in the Trademark Registration Form, the Trademark Registration Book shall prevail, otherwise there is evidence to prove that there is exactly the error existing in “Trademark Registration Book”.

Article 96 The Trademark Office issued "Trademark Notice", published trademark registration and other related matters.
"Trademark Notice" is published in paper or electronic form.
In addition to serving the announcement, the contents of the announcement from the date of publication as the public already know or should know.

Article 97 The fees for the application for trademark registration or other trademark matters should be paid. The items and standards for paying the fees shall be formulated by the financial department of the State Council and the competent pri

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