(August 23, 1982 the Fifth National People's Congress Standing Committee's 24th meeting, according to February 22, 1993 the Seventh National People's Congress Standing Committee's 30th meeting, "on the amendments <PRC Trademark Law> decision" the first amendment , October 27, 2001 the Ninth National People's Congress Standing Committee of the 24th session "on the amendments <PRC Trademark Law> decision" second amended)
Contents
General Provisions
The second chapter of applications for trade marks
The third chapter trademark registration for the review and approval
The fourth chapter registered trademark of the renewal, transfer and license
The fifth chapter registered trademark of the controversial ruling
The sixth chapter of the use of the trademark management
Chapter VII of the exclusive right to use the registered trademark protection
Chapter VIII
General Provisions
The first of the trademark in order to strengthen the management, protection of trademark rights, to promote production, the operators of goods and guarantee the quality of service, maintaining credibility trademark to protect consumers and producers, their interests, and promoting the socialist market economic development, the special enactment of the law.
The second of the State Council, the industrial and commercial administration departments and Trademark Office for trademark registration and management.
Chinese industry and commerce administration departments trademark assessment committee responsible for handling trademark disputes.
The third of the Board approved by the trademark registration of a trademark registered trademarks, including trademarks, service marks and collective marks, certification marks; Trademark registration enjoy the exclusive right of trademark, protected by the law.
Collective marks mentioned in this law, refers to groups, associations, or other organizations registered for the members of the commercial activities to use, to show users in the organization's membership signs.
This law proved trademarks, refers to a particular type of goods or services, and have the ability to supervise organization under the control of the organization from outside the unit or individuals to use their goods or services to certify that the goods or services of origin, raw materials, manufacturing methods, quality or other specific quality signs.
Collective marks to prove that the trademark registration and management of the special matters, the State Council industrial and commercial administration department.
Fourth of natural persons, legal persons or other organizations of their production, manufacture, processing, distribution or selection of goods, the need to obtain the exclusive right to use the trademark, it should be to apply for trademark registration of trademarks.
Natural and legal persons or other organizations to provide their services, the need to obtain the exclusive right to use the trademark, it should be to apply for trademark registration of service marks.
The law of trademarks, service marks applied to.
The fifth of the more than two natural persons, legal persons or other organizations could work together to apply for trademark registration of the same trademark, enjoy and exercise the exclusive right to use the trademark.
The sixth of the countries requiring the use of the registered trademark of commodities, must apply for registration of trademarks, registered without approval shall not be sold in the market.
The seventh of the use of the trademark shall use its trademark responsibility for the quality of goods. The industrial and commercial administration departments at all levels should adopt brand management, stop consumer fraud act.
Eighth can be any of the individuals, legal persons or other organizations goods and the goods of others distinguish visibility signs, which include text, graphics, letters, numbers, three-dimensional signs and color combinations of the above elements of the portfolio, can apply for registration as a trademark.
9 registered trademark, it should be notable features, ease of identification, and not with others, obtained earlier by the legitimate right of the conflict.
Trademark registration is entitled to be marked "trademark" or registered mark.
The 10th of the following signs shall be used as a trademark :
(1) of the People's Republic of China with national name, national flag, national emblem, flag and the Medal of the same or similar, and with the location of the central and state authorities the names of specific locations or landmark buildings of the name, the same graphics;
(2) with the names of foreign countries, the national flag, national emblem, flag the same or similar,
However, the government agreed to the exception;
(3) with the inter-governmental international organization's name, flag, emblem identical or similar, but by the organization agrees or not to mislead the public with the exception;
(4) stated that control, be guaranteed by the official logo imprint test the same or similar, but with the exception of authorized;
(5) with the "Red Cross", "Red Crescent," the name, emblem identical or similar;
(6) with the ethnic discrimination;
(7) exaggerated propaganda and deceptive;
(8) harmful to the socialist morality, or any other adverse effect.
County-level administrative divisions over the names known to the public or foreign names, not as a trademark. However, other names have meaning, or as a collective marks, certification marks with the exception of components; The use of the registered trademark names continue to be effective.
Article 11 of the following signs may not registered as a trademark :
(1) the commodity only generic names, graphics, the models;
(2) directly, said only the quality of goods, raw materials, function, use, weight, volume and other characteristics;
(3) the lack of notable characteristic.
Signs shall be listed after the use of notable features, and ease of identification, can be registered as marks.
Article 12, to apply for three-dimensional logo registered trademarks, just by the nature of their own goods produced in the shape of access to technology and the need to effect some commodity or commodity shape with the shape of substantive value, can not be registered.
Article 13 on the same or similar goods registered trademark of reproduction, translation or imitate others not registered in China's well-known trademarks and easily lead to confusion, not to prohibit the use and registration.
Not the same or similar goods not apply for the trademark registration is replicated, imitate others or translation in China has registered trademarks, misleading the public, resulting in the well-known trade marks registered person's interest may be in jeopardy, refuse to register and prohibited.
Article 14 finds well-known trademarks should consider the following factors :
(1) relevant to the brand of public knowledge;
(2) the use of the trademark in duration;
(3) The mark of any publicity work duration, extent and geographic scope;
(4) the mark as a well-known trademarks protected records;
(5) the well-known trademarks of other factors.
Article 15 of the unauthorized, agents or representatives in their own name will be an agent or representative of the trademark was registered by an agent or representative has been raised objection to the registration and not prohibited.
The 16th of the goods are trademarks of geographical indications, which comes from the commodity is not showing signs of the region, misleading the public, no registration and prohibit use; However, the goodwill has made registration continue to be effective.
Above the alleged geographical indications, the indicator showed a certain commodities from regions of the commodity specific quality, reputation or other characteristics, mainly from the region's natural or human factors determined by the signs.
Article 17 of the foreigners or foreign enterprises in China to apply for registration of trade marks, it should be according to their respective States and the People's Republic of China signed the agreement or to join the international treaties or press for the principle of reciprocity.
Article 18 of the foreigners or foreign enterprises in China to apply for the trademark registration and handling other trademark matters, it should be entrusted with the National Accreditation trademark Acting Deputy qualified organizations.
The second chapter of applications for trade marks
The 19th of the application for registration of trademarks, it should be according to the classification of goods making use of trademarks categories of goods and trade names.
20 registered trademark applicants in different categories of merchandise on the same application for registration of trademarks, according to the classification of goods should apply for the registration table.
Article 21 registered trademarks in the same category of other commodities used, it should be a separate application for registration.
Article 22 of the registered trademark needs to change its logo, it should be re-submitted their applications for registration.
Article 23 of the need to change the registered trademark registered in the name, address or other registration matters, it should be put forward for change.
The 24th applicant for registration of the trademark since its trademark in a foreign country first proposed a trademark registration application within six months of the date, in China on the same goods made in the same trademark applications for registration of trademarks, according to the foreign signed with China an agreement or to join international treaties, or in accordance with the mutual recognition of priority the principles will be given priority.
In accordance with the priority requirements of the preceding paragraph shall be made in trademark registration applications on the written statement, and within three months of the first application for trademark registration copies of the document; No written statement or overdue trademark applications for registration submitted a copy of a document, not as a priority requirement.
25th trademark of the Chinese government-sponsored or recognized in the international exhibition of goods displayed on the first use of the goods on display from the date within six months, the trademark registration applicants may be given priority.
In accordance with the priority requirements of the preceding paragraph shall be made in trademark registration applications on the written statement, and within three months of their goods on display in the exhibition name, the merchandise on display use the trademark on the evidence on display date documents; No written statement or to submit overdue proof text the pieces, considered as non-priority request.
Article 26 of the applications submitted by the registered trademark of issues and provided the materials should be true, accurate and complete.
The third chapter trademark registration for the review and approval
The 27th of the application for registration of trade marks, which is consistent with the relevant provisions of the Act, from the initial validation and Trademark Office, a public announcement.
The 28th of the application for registration of trademarks, which are not compatible with the relevant provisions of this Act or with others in the same or similar merchandise goods has registered a preliminary validation or trademarks of the same or similar from the Trademark Office to reject the application, not to notice.
The 29th of two or more registered trademarks of the applicant, a commodity in the same or similar merchandise, with the same or similar to the registered trademark applications, and the preliminary validation prior notice of trademark applications; The same day the application for preliminary approval and notice prior to the use of trademarks, rejecting others applications not notice.
The 30th of the preliminary determination of the trademark, since the date of its announcement within three months, no one can object. Notice expired without objection, to be approved for registration, to sample, and I notice.
Article 31 of trademark registration applications not to harm others existing prior rights, nor improper means to pre-empt others have registered to use and has a certain impact trademark.
32 of the right to reject the application, no notice of trademarks, trade authority shall notify in writing the applicant registered trademark. Trademark registration is unconvinced by the applicant, since the receipt of the notification within 15 days from the date marks the Vetting Committee for review by the Property Assessment Committee make a decision and notify the applicant in writing.
Parties to the Vetting Committee trademark unconvinced by the decision, it received notice from the date on the 30th to the people's court.
Article 33 of the initial validation, a trademark notice to be challenged, and Trademark Office should listen to objections and objections were presented facts and reasons, after investigation and verification, ruled. Unconvinced by the parties, since the receipt of the notification within 15 days from the date marks the Vetting Committee for review by the Property Assessment Committee ruled that the written notice and objection and the objection by the people.
Parties to mark the Vetting Committee of the rulings made can be received from the date of notification to the people's court on the 30th. The people's court should notify the trademark review process as other third parties who participate in the proceedings.
The 34th of the parties within the statutory time limit on Trademark Office made the decision not to apply for a review or trademarks of the Vetting Committee's decision not to prosecute the People's Court ruled in force.
The convicted dissidents could not be substantiated, be approved for registration, to sample, and I notice; Objection by the ruling establishment, not approved for registration.
The convicted dissidents could not be substantiated and approved the registration of trademark registration applicant has obtained the exclusive right to use the trademark of time since the trial three months notice of expiry date of calculation.
35 of the applications for registration of trademarks and trademark application for review shall promptly review.
The 36th applicant for registration of the trademark or registered trademark applications found documents or registration documents is obviously wrong, they can apply for corrections. Trademark Office in accordance with the law, within its mandate, to make corrections, and inform the parties.
Above the alleged error is not corrected trademark applications involving documents or registration documents of the substantive content.
The fourth chapter registered trademark of the renewal, transfer and license
The 37th of the registered trademark for a period of ten years, from the date of approval of the registration date.
Article 38 registered trademark expired, the need to continue to use and should be in before the expiry of six months to apply for renewal of registration; During this period the applicant failed to be given a time extension of six months.Spread expiry has not made an application, write-off of its registered trademark.
Each renewal registration for a period of 10 years.
Approved renewal of the registration, be notice.
39th transfer of the registered trademark, the assignor and the assignee should sign a transfer agreement and Trademark Office to jointly submit an application. The assignee shall ensure that the use of the registered trademark of the quality of goods.
The transfer of the registered trademark approved after a public announcement. The assignee since the date of its announcement to enjoy exclusive rights of trademark ownership.
Article 40 of the trade mark registration can by signing the contract permitting the use of the trademark and license the use of its registered trademark. The licensee should have oversight of the licensee to use a registered trademark of quality merchandise. The licensee should ensure that the use of the registered trademark of the quality of goods.
Others permitted use of the registered trademark, the use of the registered trademark of goods marked with the licensee's name and origin.
The use of the trademark license contract should be reported and Trademark Office filing.
The fifth chapter registered trademark of the controversial ruling
Article 41 of the registered trademark, violated this law, Article 10, Article 11, Article 12, or on the fraud or other illegal means to obtain a registration, by the Trademark Office for revocation of the registration of trademarks; Other units or individuals may request trademark Jury ruled revocation of the Note List trademark.
The registered trademark, violated this law, Article 13, Article 15, Article 16, Article 31, since the date of trademark registration within five years, the trademark owner or interested party may request a trademark Jury ruled revocation of the registration of trademarks. Right maliciously registered, well-known trademark owners from the five-year time limit.
In addition to the first two cases, the registered trademark controversial, since the trademark approved by the date of registration within five years, the Vetting Committee to trademark applications convicted.
Property Assessment Committee received convicted of the application, the parties should be notified, and the deadline to reply.
Approval of the 42 pre-registration has been challenged and found to the trademark, no longer with the same facts and reason ruled.
Article 43 marks the Vetting Committee made to maintain or revoke the registration of trade marks after the determination, it should be notified in writing of the parties.
Parties to mark the Vetting Committee of the rulings made can be received from the date of notification to the people's court on the 30th. The people's court should notify the trademark ruling procedure of the other party as a third party.
The sixth chapter of the use of the trademark management
The 44th of the use of the registered trademark, one of the following acts by the Trademark Office ordered deadline to correct or revoke the registration of trademarks :
(1) to change the registered trademarks;
(2) to change the registration of the registered trademark name, address or other registration matters;
(3) to transfer the registered trademarks;
(4) for three consecutive years to stop using the.
The 45th of the use of the registered trademark, shoddy goods, losses and deceive consumers, the industrial and commercial administration departments at all levels were different circumstances, and ordered deadline corrected, and can be communicated or fined, or by Trademark Office revocation of the registration of trademarks.
The 46th of the registered trademark has been revoked or not renewed upon expiry, since the revocation or cancellation of the date of the year, and Trademark Office to trademark with the same or similar trademark registration applications not approved.
The 47th violation of the provisions of article VI of this Act, by the local industrial and commercial administration departments ordered deadline to apply for registration, will be sentenced to a fine.
Article 48 did not use the registered trademark, one of the following acts, by the local industrial and commercial administrative departments to check them, the deadlines to correct and may be punishable by a fine or communications :
(1) registered trademarks of impersonation;
(2) Violation of this law 10th;
(3) producing losses to deceive consumers.
The 49th of the Trademark Office revoked the registered trademark of the decision made by the parties, since the receipt of the notification within 15 days from the date marks the Vetting Committee for review by the Property Assessment Committee make a decision and notify the applicant in writing.
Parties to the Vetting Committee trademark unconvinced by the decision, it received notice from the date on the 30th to the people's court.
The 50th of the industrial and commercial administration departments under the Act of the 45th, 47th, 48th to make the provisions of the penalty decision, the aggrieved party can be received from the date of notification within 15 to the people's court; Expiry not to prosecute without the performance by the Administration for Industry and Commerce management of the people's court for enforcement.
Chapter VII of the exclusive right to use the registered trademark protection
Article 51 of the registered trademark of the exclusive right to approve the registration of trademarks and approved the use of the limited commodity.
Article 52 is one of the following acts, the violation of the exclusive right to use registered trademarks :
(1) registered trademarks without the permission of the same or similar merchandise goods with the use of the registered trademark of the same or similar trademark;
(2) the sale violates the exclusive right to use the registered trademark of the commodity;
(3) forgery, the unauthorized manufacture of others registered trademarks or sell counterfeit and unauthorized manufacture of the registered trademark logo;
(4) without the consent of trademark registration and replacement of a registered trade mark will mark the replacement of goods also put on the market;
(5) to others the exclusive right to use the registered trademark of causing other damage.
Article 53, Article 52 of this law violations registered trademarks listed in the exclusive right to conduct one, the dispute caused by the parties concerned to resolve; Unwillingness or failure of the trade mark registration or interested party can be the people's court, and may also ask the industrial and commercial administration departments. The industrial and commercial administration departments, the establishment of the identified violations, ordered an immediate halt to such violations, confiscation, the destruction of infringing goods and expertise used in the manufacture of infringing goods, forgery registered trademarks of tools, punishable by a fine. Client unconvinced by the decision, since the receipt of the notification within 15 days from the date in accordance with the "PRC Administrative Procedure Law," to the people's court; Infringer expiry not to prosecute did not fulfill the industrial and commercial administration departments can apply for the enforcement of the people's court. For the industrial and commercial administration departments at the request of the parties, trademark infringement on the right amount of compensation for mediation; Mediation, the parties may, in accordance with the "PRC Civil Procedure Law" to the people's court.
The 54th of the registered trade mark infringement of the exclusive right to conduct industrial and commercial administration departments to investigate in accordance with the law; Involved in criminal activities, should be promptly transferred to judicial organs according to law.
55 of county level or above, according to industry and commerce administration departments have made the illegal evidence or suspects to report suspected violations of the others registered trademark of the right to investigate, they can exercise the following powers and functions :
(1) asked the parties concerned to investigate violations of others with the exclusive right to use the registered trademark of the situation;
(2) inspection and copying party with the infringement activities related to the contracts, invoices, books and other relevant information;
(3) the parties for engaging in trademark infringement activities of the exclusive right to institute on-site inspection;
(4) Inspection and infringement activities related items; There is evidence of a violation of another person the exclusive right to use the registered trademark of the items could be seized or impounded.
Industry and commerce administration departments to exercise the functions mentioned in the preceding paragraph, should be to help the parties to meet, and may not refuse to obstruct.
The 56th of the exclusive right of trademark infringement amount of compensation for violations during the infringement was because of the infringement of interests, or by the infringer in the course of infringement infringement by the loss, including the suppression of human infringement violations by paying reasonable expenses. Above the alleged infringement because of the infringement of benefits, or by the infringer because of the loss suffered by the infringer is difficult to determine, the people's court of the circumstances under tort judgment given 500,000 yuan in compensation.
Sales do not know is a violation of the exclusive right to use the registered trademark of the commodity, can prove that the item was legally acquired and state providers, is not liable.
The 57th of the trademark registration or interested party has proof that another person is committing or about to commit violations of its exclusive right to use the registered trademark of, if not stopped, will bring legitimate rights and interests of irreparable harm, in the prosecution application to the people's court to order a stop of the act and property protection measures.
The people's courts to deal with the above applications, apply the "PRC Civil Procedure Law," Article 93 to Article 96 and 99 of the provisions.
58th to stop violations of the evidence or possible loss after difficult circumstances, registered trademarks or interested party can be charged to the People's Court for the preservation of evidence.
The People's Court accepted the application must be made within 48 hours convicted; Convicted of protective measures should be implemented immediately.
The people's court may order the applicant to provide security, the applicant does not provide security, denial of the application.
Applicants in the people's court to take protective measures after 15 days of non-prosecution, the people's court should be lifted protective measures.
59 of the registered trademark without the permission of the same kind of goods with the use of the registered trademark of the same trademark, which constitute a crime, in addition to compensation for infringement of losses, to be held criminally responsible.
Forgery, the unauthorized manufacture of others registered trademarks or sell counterfeit and unauthorized manufacture of the registered trademark logo, which constitute a crime, in addition to compensation for infringement of losses, to be held criminally responsible.
Sales known to be fake registered trademarks of goods, which constitute a crime, in addition to compensation for infringement of losses, to be held criminally responsible.
The 60th of engaging in trademark registration, management and review of the work of state organs must enforce the law, honesty and self-discipline, dedication, civilized service.
Trademark Office, trademarks Vetting Committee as well as trademark registration, management and review work of the state organs and personnel shall not engage in trademark agency business and commodity production and business activities.
61 of the industrial and commercial administration departments should establish a sound internal control systems, responsible for trademark registration, management and review of the work of state organs enforce the law, administrative regulations, and the observance of discipline, supervision and inspection.
Article 62 engaged in trademark registration, management and review of the work of state organs officers for dereliction of duty and abuse of power, corrupt, illegal handling trademark registration, management and review issues, the parties accepting property and seek illegitimate interests, which constitute a crime, to be held criminally responsible;
but do not constitute a crime, shall be given administrative punishment.
Chapter VIII
Article 63 of the application for registration of trademarks and other trademarks handle matters, should pay the cost, the specific charges to separate.
Article 64 of the Act since March 1, 1983 has come into effect. On April 10, 1963 the State Council's "Property Management Regulations" abolished at the same time; Other management of the trademark, and any contravention of the law, also failed.
Before the promulgation of this law has been registered trademark continue to be effective.
