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Implementation of the People's Republic of China Trademark
General Provisions
 
According to the first of the "People's Republic of China Trademark Law" (hereinafter referred to the Trademark Law), the enactment of this Ordinance.
The second of this Ordinance trademarks requirement would apply to service marks.
The third of the Trademark Law and the Regulations of the alleged use of trademarks, including marks for goods, merchandise or packaging containers and commodity trading instruments, or trademark for advertising, exhibition, and other commercial activities.
The fourth of the alleged trademark of the sixth national requiring the use of the registered trademark of commodities, means that the legal and administrative regulations must use the registered trademark of commodities.
The fifth of the Trademark Law and in accordance with the provisions of this Ordinance, the registration of trademarks, trademarks assessment process any disputes, the parties that constitute its trademarks of well-known marks, corresponding to trademarks or trademarks Jury finds request for well-known trademarks, rejecting breach of Article 13 of the Trademark Law of Property applications for registration or revoke the trademark violation of Article 13 of the Trade Marks Registry. The client application should submit their trademarks of well-known marks constitute evidence.
Trademark Bureau, under the trademark Vetting Committee at the request of the parties, to identify the facts on the basis, in accordance with Article 14 of the Trademark Law stipulates that finds its trademark constitute well-known trademarks.
Article 6 of Article 16 of the Trademark Law of geographical indications, in accordance with the Trademark Law and the provisions of this Ordinance, as certification marks or collective registered trademark applications.
A geographical indications as proof of registration of trade marks, the use of their products in line with the conditions of geographical indications natural persons, legal persons or other organizations can request to use the certification marks, certification marks control of the organization should be allowed. Geographical Indications as to the collective registration of trade marks, the use of their products in line with the conditions of geographical indications natural persons, legal persons or other organizations can participate in the geographical indications as a collective trademark registration groups, associations, or other organizations, groups, associations, or other organizations should be based on its Chapter Cheng admitted to membership; not required to participate in the geographical indications as a collective trademark registration groups, associations, or other organizations, can be legitimate use of the geographical indications, the groups, associations, or other organizations not prohibit.
The seventh of the party organization commissioned agent for trademarks registered trademarks or trademarks of other matters, should be submitted to Deputy instructions. Acting Deputy instructions should contain the contents and competence; Foreigners or foreign enterprises agents also should contain instructions client's nationality.
Foreigners or foreign enterprises Acting instructions and its related documents notarized, certification procedures, in accordance with the principles of processing.
Trademark 18th of the alleged foreigners or foreign enterprises in China is not a regular residence or place of business of foreigners or foreign companies.
The eighth of the application for registration of trademarks or trademarks of other matters, it should be the use of Chinese.
According to the Trademark Law and the Regulations of various documents, supporting documents and evidence material is in foreign languages, it should be accompanied by Chinese translation; Not attached as not submitted the documents, documents or evidence materials.
9 Trademark Office, trademarks Accreditation Commission staff has one of the following situations should be avoided, the person concerned or interested party may request avoidance :
(1) is a party or parties, agents of close relatives;
(2) with the parties, other agents, that may affect the impartiality;
(3) application for registration of trademarks or trademarks of other matters of interest.
10 Except as otherwise stipulated by the parties to the trademarks or trademarks Jury documents or materials submitted to the date of the submission directly to submit day later; Mail to send whichever is the postmark date; Day postmark is not clear or no postmark, trademarks or trademarks Accreditation the actual date of receipt by the Commission, whichever is, but the parties are able to come up with actual evidence postmark date of acceptance.
11 trademarks or trademarks Vetting Committee of the various documents can be sent by mail or submitted directly served by other parties. The parties entrust the trademark agents, trademark agents serve as personal service organizations.
Trademarks and Trademark Office or the Vetting Committee to clients served various documents the date, mailed to the parties received, whichever is the postmark date; Day postmark is not clear or no postmark, the document issued since the expiration date on the 15th, as a personal service; The submitted directly to the later submission date. Documents can not be mailed or submitted directly to the impossible can be served notice by the parties, since the announcement of the date of expiration on the 30th, the document is deemed to have been served.
Article 12 of the International Registration of Marks in accordance with China's accession to the relevant international treaties. Specific measures by the State Council, the industrial and commercial administration department.
The second chapter of applications for trade marks
 
Article 13 of the application for registration of trademarks, according to the goods and services by category classification application. Each of a trademark registration applications should be submitted to the Trademark Office "trademark registration applications," 1, 5 reproduction of the mark; Color-coded and should submit five copies of colored drawings, black-and-white copies of a draft.
The reproduction of the mark must be clear, easy-paste, with bright and clean, durable paper printed with photos or replace long or wide should be not more than 10 cm, not less than 5 cm.
3D applications to the registered trademark symbol, the application should be declared, and submit to determine the three-dimensional shape pattern.
A color combination for the registered trademark, the application should be declared, and the author notes.
Applications for registration of collective marks, certification marks, the application should be declared, and submit proof of eligibility and the use of management rules.
Trademarks include foreign language or a foreign language, it should be stated meaning.
Article 14 of the trade mark registration applications, the applicant must submit to prove their identity to a copy of valid documents. Trademark registration in the name of the applicant should be submitted by the document consistent.
The 15th of trade names or service items should be in accordance with the classification of goods and services to fill in forms; Trade names or services not included in goods and services classification, it should be accompanied goods or services on the note.
Applications for registration of trademarks and other related documents should be typed or printed.
The 16th of the same common application for registration of trademarks, it should be specified in an application proxy; No designated representative, to the application order of the first artificial proxy.
The 17th applicant change their name, address, agent, or derogate from the designated commodities, and Trademark Office to process the change.
Applicants to transfer its trademark registration application, to the Trademark Office should handle the transfer.
Article 18 of the trade mark registration applications, and Trademark Office received the application documents later. Application procedures are available and in accordance with the provisions of completing the application documents and Trademark Office to be entertained and notify the applicant in writing; Incomplete applications or not in accordance with the provisions of completing the application documents and Trademark Office inadmissible, notify the applicant in writing and state the grounds.
The basic application procedures or complete application documents with the basic requirements, but the need to rectify and Trademark Office to the applicant to rectify them, asking her since the date of receipt of the notification within 30 days, according to specified content to rectify and return Trademark Office. The deadline to rectify and return Trademark Office to retain the date of application; Correction not expired, to give up the application should be written and Trademark Office
Notice to applicants.
Article 19 of two or more applicants the same type of goods or similar goods, respectively, with the same or similar trademark on the same day the application for registration, the applicant shall Trademark Office received notification within 30 days to submit their applications for pre-registration prior use of the trademark evidence.
The same day use or not to use, the applicants can Trademark Office received notification within 30 days of consultations among themselves, and will submit a written agreement and Trademark Office; Unwillingness or failure of the Trademark Office to inform the applicants to draw lots to determine a way applicants rejected other people's applications for registration .Trademark Office has notified the applicant did not participate in the balloting.
Give up the application and Trademark Office should be notified in writing not to participate in balloting applicants.
In accordance with Article 20 of the Trademark Law of the 24th priority of the requirements, the applicant submitted the first application for trademark registration made copies of the document should be on the admissibility of the application for a trademark
Authorities proof, and with the date of application and its applications.
In accordance with Article 25 of the Trademark Law requirements priority, the applicant to submit supporting documents by the State Council should be the industrial and commercial administration departments of accreditation; The display their products in international exhibitions held in China with the exception.
 
The third chapter of trademark applications for registration review 
 
Article 21 of the Trademark Office to trademark registration admissibility of the application, in accordance with the Trademark Law and the relevant stipulations of these regulations under review, with the right or in part on the use of designated commodities trademark applications for registration with the requirements, be preliminary validation, and be Notice; The non-compliant or at selected commodities use of the trademark registration applications did not meet the requirements, be dismissed or rejected in part on the use of designated commodities applications for the registration of trade marks, notify the applicant in writing and state the grounds.
Trademark Office on the part of designated commodities on the use of trademarks to be registered for the preliminary approval, the applicant can challenge before the date of expiry, in some applications to abandon the use of designated commodities trademark registration applications; In some applicants to abandon the use of designated commodities applications for the registration of trade marks, and trademarks should be withdrawn the original preliminary approval to terminate the review process, and to notice.
Article 22 of the Trademark Office to be audited preliminary notice of objection to the trademark, a dissident who should be submitted to the USPTO trademark objection on a duplicate. Trademark objection shall be stated objection was published trademark "trademark notice" of the period, and preliminary validation. Trademark objection shall be a clear and factual basis for the request, and enclose relevant evidence.
Trademark Office to trademark objection should copy timely objection was sent, asking her trademark since received the copy book objection within 30 days of the respondent. One objection was not to plead not affect Trademark Office ruled the objection.
Parties need for the submission of objections or reply after the supplementary material evidence, it should be the respondent in the application or statement book, and since the submission of applications or defense date within three months of submission; Not submitted by the expiration, as the parties to waive the supplementary material evidence.
Article 23 of the Trademark Law Article 34, paragraph 2, the alleged objection to the establishment, including the part on the establishment of designated commodities. The objection on the part of the establishment of designated commodities, in which the selected commodities trade mark applications not approved.
Trademark objection was convicted of the objection prior to the commencement of the registration notice has been published, the original registration revocation notice, approved by the dissidents convicted of re-registration of the trademark notice.
Approved by the dissidents convicted of a registered trademark, trademark objection from the expiry date of dissidents convicted prior to the commencement of others in the same or similar goods with the use of trademarks identical or similar signs of not apply retroactively; However, because of the malicious use of the registered trademark for the losses caused, the compensation should be given.
Approved by the dissidents convicted of a registered trademark, of its assessment of the period for objection to the trademark since ruled Notice date calculation.
 
The fourth chapter registered trademark of the change, transfer, renewal
 
Article 24 of the Trade Marks Registry change name, address or other registration matters, it should be submitted to the Trademark Office applications change. Trademark Office approval, to persons registered trademarks corresponding proof, and be Notice; Not approved, should notify the applicant in writing and state the grounds.
Change name of a registered trademark, should also be submitted to the registration office issued the document evidencing the change. The change has not submitted documents, since the application is submitted within 30 days of pay; Not to expire, to give up the applications change, and Trademark Office should notify the applicant in writing.
Changes registered trademark name or address of the registered trademark of its people should be together all the registered trademark of change; No change together, to give up the applications change, and Trademark Office should notify the applicant in writing.
25th transfer of the registered trademark, the assignor and the assignee should be submitted to the Trademark Office transfer the registered trademark applications. The transfer of the registered trademark application procedures for the assignee. Trademark Board approved the transfer of the registered trademark application, the assignee to the corresponding proof, and makes it public.
The transfer of the registered trademark, trademark registration of its people in the same or similar goods registered the same or similar trademark, the transfer should be together; Together not transferable and Trademark Office by the deadline for its correction notice; Expiry not correct, as to abandon the transfer of the registered trademark applications and Trademark Office should book face to notify the applicant.
Right may have mistaken, confused or other adverse effects of the transfer of the registered trademark application, USPTO not approved, notify the applicant in writing and state the grounds.
26 of the registered trademark for the exclusive right to transfer other than the transfer occurred before the acceptance of the registered trademark rights of the parties should be transferred with the legal documents or instruments and Trademark Office to trademark registration procedures for the transfer of power.
The exclusive right to use the registered trademark of the transfer of the registered trademark rights in the same or similar goods registered the same or similar marks, should be transferred; Not transferred, informed by the Trademark Bureau to correct its deadline; Expiry not corrected, as have given up the transfer of the registered trademark applications, trademark Board should notify the applicant in writing.
Article 27 of the registered trademark of the need for renewal of the registration, should be submitted to the USPTO trademark application for registration renewal. Trademark Board approved the renewal of the registration of trademark applications and issue the relevant proof, and makes it public.
Trademark registration renewal period since the last session marks the expiration of the effective date of the next day.
 
The fifth chapter trademark Accreditation
 
28th trademark of the Vetting Committee admissibility based on Trademark Law Article 32, Article 33, Article 41 and Article 49 of the provisions of the Trade Marks assess the applications. Property Assessment Committee based on the facts and law review.
Article 29, paragraph 3 of article 41 alleged trademark of the registered trademark disputes, it refers to earlier application for registration of the trade mark that others apply to their trade marks registered in the same or similar goods on the registered trademark of the same or similar.
The 30th of the trademark for accreditation should be submitted to the Vetting Committee trademark applications, and in accordance with the number of the other party to submit a copy of the corresponding shares; Based on the decision and Trademark Office ruled book or book review of the application should also be accompanied Trademark Office while a decision on or convicted of copies.
Jury trademark applications received, after review, in line with the conditions of admissibility, be inadmissible; Do not meet the conditions of admissibility inadmissible, notify the applicant in writing and state the grounds; Correction of the need to notify the applicant from the date of receipt of the notification within 30 days of Correction. Correction by not meet the required, trademarks Jury inadmissible, notify the applicant in writing and state the grounds; Correction not expire, as the withdrawal of the application, trademarks Accreditation Committee should notify the applicant in writing.
Property Assessment Committee assessing the admissibility trademark application, found not complying with the conditions of admissibility, be dismissed, notify the applicant in writing and state the grounds.
31 Property Assessment Committee assessing the admissibility trademark applications, he should promptly send a copy of the application to the other party and set a copy of the application received from the date of reply within 30 days; Expiry not reply and do not affect the Property Assessment Committee accreditation.
32 of the parties need to make an application for assessment after a reply or add relevant evidence, it should be the respondent in the application or statement book, and since the submission of applications or defense date within three months of submission; Not submitted by the expiration, as a supplement to abandon relevant evidence.
Article 33 of the Vetting Committee under the trademark at the request of the parties or the actual needs, it decided to assess the applications for public review.
Property Assessment Committee decided to assess the applications for public review and assessment should be open before the 15th party notice in writing to inform disclose the date, location and evaluation staff. Parties should be specified in the notice period to reply.
Applicants do not have to answer not to participate in the open accreditation, as its accreditation withdrawn applications, trademarks Accreditation Committee should notify the applicant in writing; Applicants do not have to answer was not to participate in the open accreditation, trademarks absence of the Vetting Committee can review.
The 34th of the applicant trademark Vetting Committee made a decision before ruling, the request to withdraw the application, written by the Vetting Committee to trademark reasons, can be withdrawn; The withdrawal of the application, assessment procedures to terminate.
The 35th applicant withdrew the application for accreditation trademark, not the same facts and reason for the assessment of applications; Property Assessment Committee on Accreditation trademark applications have made the decision, or a decision, no person shall in the same facts and reasons to again assess the applications.
In accordance with Article 36 of the Trademark Law Article 41 provides for the removal of a registered trademark, trademark right from the beginning that is regarded as non-existent. Deregulation of the registered trademark of the decision or ruling in the former People's Court and the implementation of the trademark infringement case, ruled that the industrial and commercial administration departments and the implementation of the trademark infringement cases of decisions, and have fulfilled the assignment or trademark license contract, and not retrospective; However, for trademark registration malicious people to cause any loss should be compensated.
 
The sixth chapter of the use of the trademark management
 
The 37th of the use of the registered trademark, in terms of products, goods packaging, brochures or other fixtures should be marked "trademark" or registered mark.
Including the registered mark (plus 2000) and (R plus hours). The use of the registered mark, it should be marked in the upper right-hand corner or trademarks of the lower right hand corner.
Article 38 "sample" lost or damaged, to the Trademark Office should apply for a replacement. "Trademark" lost, it should be the "trademark notice," a statement published lost. Damaged "gift" that should be submitted applications for replacement in return Trademark Office.
Forged or altered "gift" in accordance with the Criminal Law of forged or altered documents state organs crimes or other crimes, to be held criminally responsible.
Article 39 of the Trademark Law of the 44th paragraph (1), (2), (3) acts, from the industrial and commercial administration departments were ordered trademark registration deadline for correction; Refuse to correct it and report it Trademark Office revocation of the registration of trademarks.
A trademark in section 44 (4) of the act, any person can apply to the Trademark Office for revocation of the registration of trademarks, and explain the circumstances. Trademark Office should be notified trademark registration, limits its receipt of the notification from the date two months to revoke the trademark applications in the use of the evidence before the material or not to use the note justified; The expiration does not provide evidence for the use of the material or evidence invalid and not justified by the Trademark Office to withdraw its the registered trademark.
The above evidence of the alleged use of the materials, including the use of registered trade marks registered trademark of evidence trademark registration materials and others permission to use the registered trademark of the evidentiary material.
In accordance with Article 40 of the Trademark Law of the 44th, 45th of the cancellation of a registered trademark by the Trademark Office to be Notice; The exclusive right to use the registered trademark since Trademark Office made the decision to withdraw the date of termination.
41 Trademark Office, trademarks Vetting Committee revoked the registered trademark, and the reasons for the withdrawal only in selected goods, withdrawal of the selected goods on the trademark.
In accordance with Article 42 of the Trademark Law of the 45th, 48th of the fine in the amount of illegal business operations or below 20% of illegal profits following two times.
In accordance with Article 47 of the Trademark Law provisions imposing fines in the amount of illegal business operations below 10%.
Article 43 permits the use of its registered trademark, the licensee shall permit the use of the trademark date of the contract with three months to submit a copy of the contract and Trademark Office filing.
Violation of Article 44, paragraph 2 of Article 40 of the Trademark Law stipulations, the industry and commerce administration departments ordered deadline for correction; Failure to correct it, the collection of their trademark logos; Trademarks and difficult separation of commodities, together with the collection and destruction.
The 45th of the use of trademarks in violation of Article 13 of the Trademark Law, the parties may request the industry and commerce administration departments prohibited. Upon application, should submit their trademarks of well-known marks constitute evidence. Trademark Office by the 14th of the Trademark Law in accordance with the provisions identified as a well-known trademark by the industrial and commercial administration departments were ordered to stop infringing the trademark in violation of Article 13 of the use of well-known trademarks, and the collection and destruction of its trademark logo; Trademarks and difficult separation of commodities, together with the collection and destruction of .
The 46th of trademark registration applications for cancellation of the registration of trade marks or cancellation of their trademarks in some designated commodities on the register, should be submitted to the Trademark Office canceled trademark applications, and return the original "gift."
Applications for trademark registration cancellation of the registration of trade marks or cancellation of their trademarks in some designated commodities on the register, and the exclusive right to use the registered trademark or registered trademark of the exclusive right of the selected goods from the force and Trademark Office received its application for cancellation of the date of termination.
Article 47 deaths registered trademarks or termination, death or termination from the date of the expiration of one year, the registered trademark without going through the formalities of the transfer, any person can apply for trademark registration cancellation of the trademark.  Proposed cancellation of the application, which should be submitted to the trademark registration were killed or termination of the evidence.
Registered trademarks for trademark registration were killed or terminated by the cancellation of the exclusive right to use registered trademarks registered trademark since the death or termination date of termination.
48 of the registered trademarks or revoked pursuant to the Article 46 and 47 of the write-off of the original "gift" void; The revocation of the trademark in selected commodities registration, or apply for trademark registration cancellation of their trademarks in some designated commodities on the register, from Trademark Office in the original "gift" add back, or re-issuance of the "gift", and I notice.
 
Chapter VII of the exclusive right to use the registered trademark protection
 
Article 49 contains registered trademarks of the commodity common name, graphics, type, or directly, said the quality of goods, raw materials, function, use, weight, volume and other characteristics, or contain names, the registered trademark owner has no right to forbid others to legitimate use.
The 50th of the following acts, is the trademark of Article 52 (5) of alleged violations of the exclusive right to use the registered trademark of the acts :
(1) in the same or similar goods, and others will be registered trademarks of the same or similar marks as trade names or decorating goods used to mislead the public;
(2) willfully infringe upon others for the exclusive right to use registered trademarks provide warehousing, transportation, mailing, and concealment of such facilities.
Article 51 of the violations, registered trademarks exclusive right of any person to the industrial and commercial administration departments complaints or reports.
Article 52 of the registered trademark infringement of the right to a fine amounting to three times the amount of illegal business following; Unable to calculate the amount of illegal business, a fine amounting to 100,000.
53 of the trademark owners to think of others as well-known trademarks registered business name may deceive the public or to public misunderstanding, business name registration to the competent authorities for the revocation of the business name registration. Business name registration with the competent authorities should be "business name registration and management provisions" to deal with.
 
Chapter VIII
 
Continuous use of the 54th to July 1st, 1993 the service marks, with others in the same or similar services are registered service marks of the same or similar, can continue to use; However, in July 1993 after 1 interrupted the use of more than three years, may not continue to use it.
The 55th of the trademark agents specific management measures by the State Council separately.
The 56th of the trademark registration with goods and services classification, the State Council formulated the industrial and commercial administration departments and released.
Application for registration of trademarks or trademarks of other matters relating to the format of the document from the State Council, the industrial and commercial administration departments to formulate and publish.
Mark Jury rules of accreditation by the State Council departments, industrial and commercial administration and published.
The 57th set of trademarks "trademark registration book," records of the registered trademarks and registration matters.
Trademark Office published the issue of "trademark notice," published in trade mark registration and other related matters.
The 58th of the application for registration of trademarks or trademarks of other matters, should pay the cost. Payment of the cost of projects and standards by the State Council industrial and commercial administration department, in conjunction with the competent departments of price and published.
59 of the Ordinance since September 15, 2002 has come into effect. On March 10, 1983 the State Council issued, on January 3, 1988 the State Council approved the first amended on July 15, 1993 the State Council approved the second revision of the "People's Republic of China Rules for the Implementation of the Trademark Law" and the April 23, 1995, "the State Council on trademark registration for the appliances the approved documents "abolished at the same time.
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