People's Republic of China promulgated by Decree No. 651

　　　　　　　　　　　　　　　　　　　　　　　　　 　
Now published revised the People's Republic of China implementing regulations of the trademark law, since as of May 1, 2014.
　　　　　　　　　　　　　　　　　　　　　　　　 　　　　　　Prime Minister Li keqiang
April 29, 2014 People's Republic of China regulations on implementation of the trademark law

(August 3, 2002 People's Republic of China promulgated by Decree No. 358 released
　　April 29, 2014 People's Republic of China promulgated by Decree No. 651, revised) Chapter I General provisions

Article in accordance with the People's Republic of China trademark law (hereinafter referred to as trademarks), this Ordinance is enacted.

The provisions of this Ordinance relating to goods trademark II, apply to service marks. Article requests for trademark holders in accordance with the trademark law article 13th protection of renowned trademarks shall submit the evidence that his trademark constitutes a well-known trademark.

The Trademark Office and the trademark review and adjudication Board shall, in accordance with the provisions of trademark law article 14th, according to reviews, deal with cases of need and the evidence submitted by the parties, famous for its trademark determination.

16th article fourth trademark law geographical indications provided for in article, in accordance with the provisions of the trademark law and these regulations, apply for registration as a certification mark or collective mark. Registration of geographical indications as certification marks, the product meets the conditions for use of the geographical indication of natural persons, legal persons or other organizations may require the use of the certification mark, the control of the certification organizations should be allowed.

To geographic logo as collective trademark registered of, its commodity meet using the geographic logo conditions of natural, and corporate or other organization, can requirements participate in to the geographic logo as collective trademark registered of groups, and association or other organization, the groups, and association or other organization should according to its articles accepted for members; not requirements participate in to the geographic logo as collective trademark registered of groups, and association or other organization of, also can due using the geographic logo, the groups, and association or other organization has no right to ban. Article fifth party entrusts a trademark agency applying for trademark registration or handling other trademark matters shall submit a power of attorney.

Power of attorney shall specify the contents and limits of the power of Attorney for foreigners or foreign enterprises should also specify the nationality of the principal.

Foreigners or foreign enterprises of power of Attorney and related supporting documents, notarization, certification procedures, in accordance with the principle of reciprocity. In applying for trademark registration or transfer of the trademark, the applicant for trademark registration or trademark from people foreigners or foreign enterprises, shall be specified in the application for receiving persons in China is responsible for receiving the Trademark Office, the trademark review and adjudication Board of the subsequent trademark business legal documents.

Trademark Office, the trademark review and adjudication Board of the subsequent trademark business legal documents served on the receiver within China.

A foreign person or foreign enterprise mentioned in 18th article of the trademark law refers to no habitual residence or business office in China for foreigners or foreign enterprises.

Sixth application for trademark registration or handling other trademark matters shall be in Chinese.

In accordance with the trademark law and these regulations the various certificates, certifying documents and proofs are in foreign languages, shall be attached to the Chinese translation is not attached, shall be deemed not to submit the documents, supporting documents or evidence.

Seventh staff of the Trademark Office and the trademark review and adjudication Board shall have any of the following circumstances shall withdraw, the party or interested person may request his withdrawal:

(A) are close relatives of the party or parties or agents;

(B) other relationships with the party or agent, may affect the fair;

(C) have an interest in applying for trademark registration or handling other trademark matters.

Article eighth in trademark law article 22nd submitted by means of data messages under the trademark registration application and other relevant documents shall be in accordance with the provisions of the trademark office or the trademark review and adjudication Board submitted via the Internet. Nineth article except this Ordinance 18th article provides of case outside, party to trademark Council or trademark Review Committee submitted file or material of date, directly submitted of, to submitted day for associate; mailing of, to sent out of postmark day for associate; postmark day not clear or no postmark of, to trademark Council or trademark Review Committee actual received day for associate, but party can proposed actual postmark day evidence of except. Submitted by postal courier enterprises, is subject to express company receiving and sending; sending ambiguous by the trademark office or the trademark review and adjudication Board date of actual receipt shall prevail, except to submit evidence of actual date of acceptance by the parties.

Submission of a data message, to enter the date of the trademark office or the trademark review and adjudication Board electronic system prevail.

Party to the trademark office or the trademark review and adjudication Board mailing file, you should use to mail.

Client file submitted to the trademark office or the trademark review and adjudication Board, to be submitted in writing by the trademark office or the trademark review and adjudication Board records kept by subject; submission of a data message, the trademark office or the trademark review and adjudication Board database records shall prevail, but the party does have evidence to prove that the trademark office or the trademark review and adjudication Board archives, except for the database records are wrong. Article tenth of the trademark office or the trademark review and adjudication Board documents, can be sent by mail, by personal delivery, a data message, or otherwise served; served of a data message shall be agreed by the parties.

Party entrusts a trademark Agency, files trademark Agency shall be deemed served on the parties. Trademark Council or trademark Review Committee to party served various file of date, mailing of, to party received of postmark day for associate; postmark day not clear or no postmark of, since file issued of day up full 15th considered served party, but party can proved actual received day of except; directly submitted of, to submitted day for associate; to data message way served of, since file issued of day up full 15th considered served party, but party can proved file into its electronic system date of except.

Files cannot be delivered through described above, can be served notice, from the date of announcement on 30th, the document shall be deemed served on the parties concerned.

11th the following periods not included in the trademark examination, trial period:

(A) the trademark office or the trademark review and adjudication Board files during the service;

(B) parties to require additional evidence or corrected files during the period again and replace the need for parties to reply;

(C) the application uses the evidence submitted and consultations on the same day, during the draw needs;

(D) the need to wait for the priorities identified during the

(E) review, trial process, in case the applicant requests waiting during the prior right of the result of the case. 12th apart from the cases provided for in the second paragraph of this article, the trademark law and these regulations provide for the start of any time limit does not count in the period of the day.

Term in years or months, with the term last January as the expiration date; no corresponding day in the month, by the expiry of the last day of the month the day; the expiry day is a holiday, the first work day after the holiday as the expiration date.

Trademark, 39th, 40th, provided that the validity of a registered trademark from the statutory commencement date, one day before the corresponding day of the last month of the period for expiration, no corresponding day in the month, with the day of expiry of the last day of the month.
　　Chapter II application for trademark registration 13th application for trademark registration shall be published in accordance with the classification of goods and services to fill.

Each a trademark registration application shall be submitted to the Trademark Office, the trademark registration book 1, trademark drawing 1; to color combination or color drawings to apply for registration of a trademark shall submit the colored drawings and submit a black and white drawing 1; does not specify a color, black and white drawings shall be submitted.

Trademark drawings should be clear and easy to paste, with a smooth and durable paper or use photos instead, length and width should be not more than 10 cm, not less than 5 cm.

Three-dimensional sign application for trademark registration shall be declared in the application, illustrate the use of trademark and submitted to determine the three dimensional shape of the patterns, submit trademark pattern should contain at least three sides of view.

With the registration of a color combination trademark should be declared in the application, illustrate the use of trademarks. Of a sound mark application for trademark registration shall be declared in the application submitted to meet the requirements of sound samples, described on the applicant for registration of a sound mark, demonstrate the use of trademarks.

For a description of sound trademarks should be based on staff apply for voice or music to be described and attached text description cannot be described with sheet music or music shall be described in words; trademark describes should be consistent with the voice sample.

Application for registration of collective trademarks and certification marks shall be declared in the application, and submit proof of qualifications and the use of administrative rules.

Trademark is in a foreign language or contains a foreign language, shall explain the meaning. 14th in applying for trademark registration, the applicant shall submit his or her identity documents.

On behalf of the applicant for trademark registration shall be consistent with the submitted supporting documents.

On their identification documents submitted by the applicant in the preceding paragraph shall apply to the Trademark Office of such changes, transfer, renewal, opposition, cancellation and other trademark matters.

15th name goods or services shall be in accordance with goods and services classification number, the name of the category in the table filled in goods or services not included in the classification of goods and services shall be attached to the description of the goods or services.

Trademark registration and other documents presented in paper form shall be typed or printed.

The second paragraph of this article apply to the handling of other trademark matters.

16th joint application for registration of the same trademark or handling other trademark matters shall be specified in the application for a representative; representative is not specified, in the application in the first person as the representative of the order.

Trademark Office and the trademark review and adjudication Board shall be served on the representative person.

17th change the name, address of the applicant, agent, recipient of documents or deletions to specified commodities should be handled at the trademark office procedures.

Transfer application for trademark registration of the applicant, shall register the transfer with the Trademark Office.
Article 18th date of application for registration of a trademark by the Trademark Office date of receipt of application documents shall prevail.

Trademark registration procedures in place, fill out the application documents in accordance with regulations and pay the fees, the Trademark Office shall accept and notify the applicant in writing; incomplete, failing to fill out application procedures application documents or fees are not paid, the Trademark Office shall not accept, notify the applicant in writing and state the reasons. Application procedures are available or files to comply with the requirements but need corrections, the trademark Bureau shall notify the applicant to supplement, limit the date of receipt of the notification in the 30th, according to specified content corrected and returned to the Trademark Office.

Corrected and returned to the trademark Bureau within the prescribed time, keep filing date; expiry no rectification or correction is not in accordance with the requirements of, the Trademark Office to reject the complaint and notify the applicant in writing.

The provisions of this article concerning the acceptance of conditions applies to the handling of other trademark matters. 19th where two or more applicants at the same kind of goods or similar goods, respectively of identical or similar trademarks registered on the same day, the applicant shall from the date of receipt of the trademark office within 30th to submit evidence of their prior use before the application for registration of the trademark. Use or were not used on the same day, the applicant receives notification of the trademark office within 30th of voluntary consultation and agreement in writing submitted to the Trademark Office; not consultation or negotiation, the trademark Bureau shall notify the applicants identify an applicant by drawing lots, rejected the application for registration of others.

Trademark Office has notified the applicant did not participate in the balloting, seen as giving, the Trademark Office shall notify the applicant who fails to take part in the draw.

Article 20th claims the right of priority in accordance with article 25th of the trademark law, trademark registration documents submitted by the applicant for the first time submitted the trademark shall be subject to the admissibility of the application for a copy of the competent authority, and indicate the filing date and the application number.
　　Chapter III examination of trademark registration

21st article trademark Council on accepted of trademark registered application, in accordance with trademark law and the this Ordinance of about provides for review, on meet provides or in part specified commodity Shang using trademark of registered application meet provides of, be preliminary validation, and be announcement; on not meet provides or in part specified commodity Shang using trademark of registered application not meet provides of, be dismissed or dismissed in part specified commodity Shang using trademark of registered application, written notification applicants and description reason.

22nd Trademark Office an application for registration of a trademark to be rejected on the part of the designated goods, the applicant may refer the application of preliminary examination in some applications one application into another, split the application remain the same after the filing date of the application.

Need to split, the applicant shall receive the trademark registration by the trademark office within 15th as part of a notification of refusal, apply to the Trademark Office Division.

The trademark office after receiving the application for Division, the original application should be divided into two parts, application for preliminary approval for segment generates a new number, and shall be published.

Article 23rd according to article 29th of the trademark law, the trademark Bureau shall consider applications for trademark registration should be noted or amended, the applicant shall, from the date of receipt of the trademark office within 15th description or amendments.

Article 24th objected to the preliminary examination shall be published by the Trademark Office's trademark, objection to the Trademark Office shall submit two copies of the following trademark opposition materials and identify and duplicate copies of:

(A) the application for trademark opposition;

(B) the identity of the applicant;

(C) in violation of trademark law article 13th, 15th and 16th in the third paragraph of article, 30th, 31st, 32nd, objections on the article, the opposition as proof of prior right or an interested person.

Trademark opposition application should be clear and factual basis, and to attach thereto any relevant evidential materials.

25th the trademark office after receipt of the application for trademark opposition, upon examination, is admissible, admissible, issue to the applicant a notice of acceptance.

26th trademark oppositions to the application of the following circumstances, the Trademark Office shall not accept, notify the applicant in writing and state the reasons:

(A) is not made within the statutory time limit;

(B) the applicant qualifications, the reason for objection does not meet the 33rd article of the trademark law;

(C) no clear grounds for objection, the factual and legal basis;

(D) the same applicant for the same reason, facts and legal basis for the same trade mark contested application once again. 27th the Trademark Office shall be timely communicated to the opponent a copy of trademark opposition materials, limit the date of receipt of the copy of trademark opposition materials within the 30th of reply.

Being the opponent not to reply, does not affect the decision by the Trademark Office. Upon objection or defense, the party needs to supplement the relevant evidentiary material, shall be declared in the application for trademark opposition or defence, and since the submission of trademark opposition application or within 3 months from the date of submission of reply; the expiration of uncommitted, as a party to give up additional relevant evidence materials.

However, after the expiration of generation or the party has other legitimate reasons could not be submitted before the expiration of the evidence submitted after the expiry of, the Trademark Office evidence and cross-examination of the other party can be convinced.

Trademark law of the 28th article 35th and 36th mentioned in the first paragraph shall be rejected for registration decisions, including the decision on the part of the designated goods shall be rejected for registration. Opposed trademark registration in the Trademark Office decided whether or not to register has published the journal before a decision, revoke the registration bulletin.

Review objections not valid for registration, in the registration decision has come into effect after the announcement. 29th the trademark registration the applicant or registrant request pursuant to article 38th of the trademark law shall be submitted to the Trademark Office application for correction.

Meet the correct conditions, the Trademark Office approved corrections to content; does not meet correction criteria, are not approved by the Trademark Office, notify the applicant in writing and state the reasons.

Announcement has published preliminary examination bulletin or register trademarks, as corrected, published the correction notice.
　　Registered trademark of the fourth chapter of change, transfer, renewal 30th change the trademark registrant, address or other registered matters, shall be submitted to the Trademark Office for application for amendment. Change the trademark registrant, shall also submit the relevant proof of registration certificate issued by the change.

Approved by the Trademark Office, and corresponding certificate shall be issued to the registrant, and make an announcement; not approved, shall notify the applicant in writing and state the reasons.

Change of name or address of the registered, the registrant should be all registered trademarks be changed; no change in conjunction with, the trademark notice rectify; expires is not correct, operate as a waiver request, the Trademark Office shall notify the applicant in writing. Article 31st of assignment of a registered trademark, the assignor and the assignee shall be submitted to the Trademark Office for assignment of a registered trade mark applications. Application procedures for assignment of a registered trademark shall be given by the assignor and assignee common processing.

Trademark Office approved the assignment of a registered trade mark application, the corresponding certificate shall be issued to the assignee, and make an announcement.

Assignment of a registered trademark, the trademark registrant at the same or similar product the same or similar to the registered trademark is not transferred, the trademark notice rectify; expires is not correct, as a waiver application for transfer of the registered trademark, the Trademark Office shall notify the applicant in writing.

32nd due to transfer the right to exclusive use of registered trademarks of inheritance and transfer of other causes, the Party accepting the right to exclusive use of a registered trademark shall be made against the document or legal instrument transferring registered trademark rights to the trademark office procedures.

Transfer of a right to exclusive use of a registered trademark, and registered trademark rights in the same or similar goods on the same or similar to the registered trademark shall be transferred; not be transferred by the trademark notice rectify; expires is not correct, as a waiver application for the transfer of a registered trademark, the Trademark Office shall notify the applicant in writing. Application for transfer of a trademark has been approved, it shall be announced.

Accept the transfer of the right to exclusive use of registered trademarks from the date of announcement of the party enjoy the right to exclusive use of trademarks. Article 33rd needs to renewal of the registration of a registered trademark shall be submitted to the Trademark Office trademark application for renewal of registration.

Trademark Office approved the application for trademark registration renewal, issued a corresponding certificate and announce it.
　　The fifth chapter the international registration of marks

34th article 21st of the trademark law of the international registration of marks, refers in accordance with the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Madrid Agreement) and the Protocol relating to the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Madrid Protocol) and the international registration of marks Madrid Agreement and the Protocol relating to the agreement of common detailed rules for the implementation of the provisions of the Madrid trademark international registration.

Madrid trademark international registration included with China as the origin of the international registration of marks application, designated China's territory extends application and other related applications.

Article 35th of Chinese origin to apply for the international registration of marks, has a real and effective establishment in China, or has residence in China or Chinese nationality.

Article 35th of 36th in accordance with this Ordinance an applicant, whose trademark has been registered by the Trademark Office, you can apply for the international registration of marks under the Madrid Agreement.

Subject to this Ordinance, article 35th of the applicant, the mark has been registered by the trademark office or has been registered with a trademark office trademark applied for and was accepted, you can apply for the international registration of marks under the Madrid Protocol.

37th in China, for the country of origin to apply for the international registration of marks should be adopted by the Office to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) to apply.

In China, for the country of origin, and relating to the Madrid Agreement concerning the international registration of marks later specified, renunciation, cancellation shall apply to the International Bureau by the Trademark Office; and relating to the Madrid Agreement concerning the international registration of marks, transfers, deletions, changes, renewals, you can apply for the Trademark Office to the International Bureau, or you can apply directly to the International Bureau.

In China, for the country of origin, relating to the international registration of trademarks and the Madrid Protocol later specified, transfer, delete, renunciation, cancellation, changes, renewals, you can apply for the Trademark Office to the International Bureau, or you can apply directly to the International Bureau.

38th international applications through the Trademark Office to the International Bureau trademark registration and for any other application, shall be submitted in accordance with the international requirements of the Bureau and the Trademark Office applications and related materials.
39th application for international registration of a trademark for goods or services shall not exceed the domestic basic application or basic registration scope of the goods or services.

40th international registration of a trademark application procedure does not complete or failing to fill in the application form, the Trademark Office shall not accept, date of application will not be retained.

Application procedure application for complete or basic compliance, but need corrections, the applicant shall, from the date of receipt of the notice of correction be supplemented within the 30th, overdue for the correction is not made, the Trademark Office shall not accept, notify the applicant in writing.

41st international applications through the Trademark Office to the International Bureau trademark registration and other related applications, fees shall be paid according to the regulations. An applicant shall be billed from the date of receipt of the trademark office in the 15th, pay fees to the Trademark Office.

Expiration is not paid, the Trademark Office does not accept the application, inform the applicant in writing. Article 42nd Council dismissed the deadline set by the Madrid Agreement or the Madrid Protocol (hereinafter referred to as rejected the term), in accordance with the trademark law and the relevant provisions of the Ordinance to review designated China's territory extends application, make a decision and notify the International Bureau.

Trademark Office dismissed the deadline did not give notice of rejected or partially rejected, the territory extends application shall be deemed approved. 43rd designated China's territory extended to the applicant, require three-dimensional marks, color combinations, the logo as a trademark protection or for the protection of collective marks and certification marks, the mark in the international register, the International Bureau within 3 months from the date of registration, the trademark Agency shall be established by law, submitted to the Trademark Office of the 13th article of the Bill of materials.

Related material is not submitted within the time limit mentioned above, the Trademark Office rejected the territory extended application.

44th world intellectual property organization to notice the matters related to the international registration of marks, the Trademark Office without further notice.

45th specified China's territory extends to the application, since the WIPO International trademark notice within 3 months from the publication of the 1st of the next month, in line with the 33rd article of the trademark law conditions the applicant may apply to the Trademark Office challenging.

Rejected by the trademark office within the time limit objection in respect of an application to dismiss the decision notified to the International Bureau.

Is the opponent from the date of receipt of the rejection notice forwarded by the International Bureau in the 30th to answers, his defense and related materials in trademark agency established by law should be submitted to the Trademark Office. 46th International registered trademark protection in China, later international registration date or valid from date specified. Before the expiry of the validity period, the registrant may apply for renewal to the International Bureau, within the validity period does not apply for renewal, can give a 6-month grace period. The trademark office after receipt of the renewal of the International Bureau, according to the review.

Notification by the International Bureau was not renewed, cancellation of the international registration of trademarks.

47th designated China's territory extends to apply for transfer, the assignee should have a real and effective establishment in the territory of the parties, or are domiciled in the territory of the parties, or is a national of the parties.

The assignor is not in the same or similar goods or services identical with or similar to the trademark be assigned, the trademark Bureau shall notify the Registrant within 3 months from the date of notice to correct; the expiration of transfer is not correct or confusing or have other adverse effects, the Trademark Office decision to the transfer is not valid in China, and make a declaration to the International Bureau.

48th designated China's territory extended to apply for deletion, deletion after goods or services do not conform to the relevant Chinese goods or services classification requirements or go beyond the scope of specified goods or services, trademark of the deletion is invalid in China of decisions made and make a declaration to the International Bureau.

49th article in accordance with trademark law 49th article second paragraph provides application revoked international registered trademark, should since the trademark international registered application of dismissed term expires of day up full 3 years Hou to trademark Council proposed application; dismissed term expires Shi still in dismissed review or objections related program of, should since trademark Council or trademark Review Committee made of granted registered decided entered into force of day up full 3 years Hou to trademark Council proposed application.

Pursuant to article 44th declared under the application for international registration of the trademark law trademark invalid, the application for international registration of a trademark shall dismiss the application to the trademark review and adjudication Board after the expiration; dismiss is dismissed within a period review procedures relating to the objections, from the trademark office or the trademark review and adjudication Board after the commencement of registration decisions made by the trademark review and adjudication Board to apply. In accordance with trademark law 45th article first paragraph provides application declared international registered trademark invalid of, should since the trademark international registered application of dismissed term expires of day up 5 years within trademark Review Committee proposed application; dismissed term expires Shi still in dismissed review or objections related program of, should since trademark Council or trademark Review Committee made of granted registered decided entered into force of day up 5 years within trademark Review Committee proposed application.

Malicious registration of well-known trademark owners are not subject to the 5-year time limit.

50th trademark law and not subject to the following provisions of this Ordinance apply for the international registration of marks:

(A) the trademark, 28th, 35th, article on the review and hearing requirement;

(B) the second paragraph of this article 22nd, 30th;

(C) 42nd and 31st of the Ordinance of the trademark law on trademark transfer by the transferor and transferee jointly apply for and processing requirements.
　　The sixth chapter the trademark review 51st trademark review refers to the trademark review and adjudication Board in accordance with the trademark law 34th, 35th, 44th, 45th, 54th, the provisions of articles dealing with the trademark disputes.

Party trademark application to the trademark review and adjudication Board, there should be clear, facts, reason and legal basis of the request, and provide the relevant evidence.

The trademark review and adjudication Board based on the fact that, according to the review.

52nd the trademark review and adjudication Board to hear appeal against the decisions of the trademark Board rejected the application for trademark registration review cases, the decision should be for the Trademark Office and the applicant applied for a review of the facts, reasons, request a trial and assessment of facts. Trademark review and adjudication Board to hear appeal dismissed the application for trademark registration by the Trademark Office decided to review the case, found that applications for registration of trademarks has violated trademark law tenth, 11th, 12th and 16th circumstances stipulated in the first paragraph of article, the Trademark Office does not make decision according to the above terms, can be based on these terms make a re-examination decision rejecting the application.

The trademark review and adjudication Board shall hear the views of the applicant before making a decision.

53rd refuses to accept the trademark review and adjudication Board hearing shall not be registered by the Trademark Office decided to Remand, shall refuse to register for the Trademark Office decision and the applicant applied for a review of the facts, reasons, request a trial and the original objection to the comments. Trademark review and adjudication Board hearing refuses to refuse to register the Trademark Office decided to review cases, and shall notify the original applicant to attend and comment.

Indigenous opposition on practical effect in the result of the case, could serve as a basis for review; original objections were raised not to participate or not, does not affect the court case.

54th trademark review and adjudication Board hearing in accordance with the trademark law article 44th, 45th, requesting the case avoid the registered trademark, should be for a party applying for and defense of the facts, reasons and request for trial.

55th the trademark review and adjudication Board hearing against the trademark office in accordance with the trademark law 44th article make a Remand of the decision declaring the registered trademark invalid, should be for a Trademark Office decision and the applicant applied for a review of the facts, reasons and request a trial.

56th refuses to accept the trademark review and adjudication Board hearing the trademark office in accordance with the trademark law 49th article, revoke or maintain decided to review the case of a registered trademark shall revoke or maintain a registered trademark by the Trademark Office decision and applied for a review by the parties on the basis of the facts, reasons and request for hearing.

57th application for review shall submit application to the trademark review and adjudication Board, and in accordance with the number of the other party to submit the corresponding number of copies; based on the book, apply for a review of the decision by the Trademark Office, and shall at the same time provide a copy of the Trademark Office's decision. The trademark review and adjudication Board after the receipt of the application, upon examination, is admissible, be admissible; not admissible, inadmissible, and notify the applicant in writing and state the reasons; requires correction, notify the applicant of the date of receipt of the notification within the 30th supplemented.

Corrections still does not meet the provisions of the trademark review and adjudication Board shall not accept, notify the applicant in writing and state the reasons; the expiration of correction is not made, deemed withdrawal of the application, the trademark review and adjudication Board shall notify the applicant in writing.

The trademark review and adjudication Board after accepting an application for the trademark review and and found to be admissible, be rejected, notify the applicant in writing and state the reasons.

Article 58th the trademark review and adjudication Board after accepting an application for the trademark review and shall promptly send a copy of the application to the other party, limit the date of receipt of the copy of the application to reply within the 30th; expiration does not reply, without affecting the trademark review and adjudication Board of review. 59th the parties need to make an application for assessment or reply to add the relevant evidentiary material, it should be declared in the application or reply, and since the submission of the application or within 3 months from the date of submission of reply; the expiration of uncommitted, construed as a waiver of additional relevant evidence materials.

However, after the expiration of generation or the party has other legitimate reasons could not be submitted before the expiration of the evidence submitted after the expiration, the trademark review and adjudication Board to hand over evidence and cross-examination of the other party can be convinced.

60th the trademark review and adjudication Board according to the request of the parties or the actual needs, you can decide to review the application for an oral hearing. Trademark review and adjudication Board decides to review an oral hearing of the application, and shall notify the party in writing by 15th of the oral proceedings, told the date of oral proceedings, location, and review staff.

Parties shall provide a response within the period specified in the notice.

The applicant does not reply does not participate in the oral hearing, its application shall be deemed withdrawn, and the trademark review and adjudication Board shall notify the applicant in writing; the respondent does not reply does not participate in the oral hearing, the absence of the trademark review and adjudication Board to review.
61st applicant before making a decision, ruled the trademark review and adjudication Board may make a written application to the trademark review and adjudication Board to withdraw and explain the reasons, the trademark review and adjudication Board can withdraw, review the program terminates.

62nd withdrawals trademark application, may not apply for review again on the same facts and grounds. The trademark review and adjudication Board of the trademark review and application for determination or decision has been made, no person shall apply for review again on the same facts and grounds.

However, after shall be rejected for registration review procedures, the registration shall be approved by the trademark review and adjudication Board mentioned the except avoid the registered trademark.
　　Seventh chapter the use of trademarks management

63rd used registered trademarks, products, packaging, manuals, or other attachments marked "registered trademark" or a sign. Register the tag include and ®.

Use registration marks, should be marked in the upper-right or lower-right corner of the logo. 64th of the trademark registration certificate is lost or damaged, shall be submitted to the Trademark Office for a replacement certificate of trademark registration applications. Lost the trademark registration certificate shall be published in the trademark Gazette declared lost.

Breakage of the trademark registration certificate shall be submitted in reissue applications back to PTO. Trademark registrants need to be reissued by the Trademark Office trademark change, transfer, renewal certificate, trademark registration certificate issued by, or trademark applicants need to Trademark Office that issued the priority document, shall submit a corresponding application with the Trademark Office.

To meet the requirements of, the Trademark Office issued a corresponding certificate; do not meet the requirements, the Trademark Office shall not handle, notified to the applicant and informed reason.

Forging or altering the certificate of trademark registration or other proof of trademark, in accordance with the criminal law on the forging or altering official documents provisions or other crimes, criminal responsibility shall be investigated according to law. 65th trademark 49th article becomes its approved use of a registered trademark generic name of goods, no unit or individual may apply to the Trademark Office revoked the trademark, submission of evidence shall be attached with the application materials.

The Trademark Office shall notify the registrant after accepting, limits its reply within 2 months from the date of receipt of the notification; expiration does not reply, do not affect the decision by the Trademark Office. 66th trademark 49th article for 3 consecutive years without good reason do not use of a registered trademark, no unit or individual may apply to the Trademark Office revoked the trademark, submission of applications shall be given for the situation.

The Trademark Office shall notify the registrant after accepting, limit the date of receipt of the notification within 2 months prior to the submission of the application for revocation of a trademark the use of evidence or explanation does not justify the use; expiration does not provide evidence or evidence is not valid and is not justified, revoke the registration of the trademark by the Trademark Office.

The evidence referred to in the preceding paragraph, including the trademark registrant using the registered trademark of evidence material and evidence of the trademark registrant that licenses another person to use a registered trademark material.

3 years in a row without good reason not to use for application to cancel a registered trademark, shall be the registered trade mark registration announcement made after the expiration of 3 years from the date of application.

67th belongs to the following situations justify the 49th article of the trademark law:

(A) force majeure;

(B) the limits of Government policy;

(C) liquidation;

(Iv) other legitimate reason that cannot be attributed to the registrant.

68th the trademark office or the trademark review and adjudication Board to cancel a registered trademark or registered trademark of declaring invalid, revoked or declared invalid by reason only of the part of the designated goods, on the part of the designated goods, the use of trademark registration shall be revoked or declared invalid. 69th licenses another person to use its registered trademark, the Licensor shall during the term of license contract filed with the Trademark Office and to submit for the record the material.

The archival materials should indicate a registered trademark use of Licensor, licensee, license term, such matters as the scope of a license to use the product or service.

70th to pledge the right to exclusive use of registered trademarks, the pledgor and the pledgee shall conclude a pledge contract in writing and common pledge registration application to the Trademark Office, the trademark office announcements.

71st 43rd of article in violation of trademark law, the industrial and commercial administrative authority shall order correction within; fails to make corrections, shall be ordered to stop selling, refusal to stop selling, fines of between 100,000 yuan. 72nd trademark holder in accordance with the trademark law article 13th requested protection of renowned trademarks, you can request the Administrative Department for industry and commerce.

By the trademark office in accordance with the trademark law article 14th recognized as well-known trademarks, industrial and commercial administrative authority shall order to stop acts that violate the 13th article of the trademark law trademark is used, collection and destruction of illegal use of trademarks; trademarks and goods difficult to separate, joint collection and destruction.

73rd registrant to apply for cancellation of the registered trademark or cancellation of the registration of a trade mark on the part of the designated goods shall be submitted to the Trademark Office trademark application for cancellation, and return the original of the certificate of trademark registration.

Trademark registration applications for cancellation of its registered trademarks or cancellation of the registration of a trade mark on the part of the designated goods, approved the cancellation by the Trademark Office, the registered trademark rights or the right to the exclusive use of registered trademarks on the effectiveness on the part of the designated goods received from the Trademark Office apply from the date of termination.

74th registered trademark be revoked or cancelled in accordance with this section 73rd, original trademark registration certificate revoked, and announce the revocation of the registration of a trade mark on the part of the designated goods, or trademark registrant apply for cancellation of the registration of a trade mark on the part of the designated goods, re-issuance of trademark registration certificate, and shall be published.
　　The eighth chapter of the right to exclusive use of registered trademarks protection

75th for infringement of trademark rights to provide warehousing, transportation, mailing, printing, conceal, locations, online commodity trading platform, which belongs to the 57th sixth requirement facilitate conditions of the trademark law.

76th in the same kind of goods or similar goods with registered trade mark identical with or similar to the mark as a trade name or used merchandise, misleading the public, belonging to the provisions of trademark law article 57th acts of violations of the right to exclusive use of registered trademarks.

77th acts of violations of the right to exclusive use of registered trademarks, anyone can contribute to the industrial and commercial administration sector complaints or reports.

78th to calculate the amount of illegal trademark law article 60th, consider the following factors:

(A) the sale price of the infringing goods;

(B) is not priced sales of infringing goods;

(C) to identify infringing goods the average actual sale price;

(Iv) infringed the middle market price of goods;

(E) revenue arising from the infringer for infringement;

(F) other factors can sensibly calculate the value of the infringing goods.

79th following situations belong to trademark law article 60th can prove that the goods were lawfully acquired by herself:

(A) supply unit legal signature of the supply list and payment receipt and verified or approved by the supplier;

(B) supply purchase contracts signed by both parties and upon verification has been performed;

(C) legal purchase invoices and invoice items corresponding to the goods involved;

(D) other circumstances that could prove legally acquired in connection with the goods.

80th sales do not know is a violation of the right to exclusive use of registered trademarks goods, can prove that the goods are lawfully acquired and the provider, the Administration for industry and commerce shall order to stop selling, and briefings of the infringing goods to offer local industrial and commercial Administration Department.

81st in connection with the ownership of a registered trademark is the Trademark Office and the trademark review and adjudication Board hearing or in court proceedings, the outcome of the case could affect the nature of the case, are trademarks under the trademark law 62nd article is controversial.

82nd in dealing with cases of trademark infringement in the industrial and commercial administrative department may require the right holder to be goods for the right person or identifying its licensed products.
　　Nineth brand agent

83rd said trademark by the trademark law, refers accepts trustee entrusted to act on behalf of the principal trademark registration, trademark or any other trademark matters.

Trademark Agency referred to in article 84th trademark law, including by the Administrative Department for industry and Commerce registered trademark business services institutions and engage in the trademark business law firm.

Trademark agents engaged in the Trademark Office, the trademark review and adjudication Board to a competent trademark agent business, shall be filed with the trademark office in accordance with the following provisions:

(A) submit the Administrative Department for industry and commerce registration certificate or judicial administration approved the creation of the law firm's documents and keep copies;

(B) submit the name of the trademark agents, homes, owner, contact and other basic information;

(C) submit the trademark Agency staff list and contact information. Administration for industry and commerce shall establish a trademark agency credit file.

Trademark agents violating the trademark law or under this Ordinance, the trademark office or the trademark review and adjudication Board shall inform the public, and will be credited to their credit files.

85th alleged trademark practitioners of trademark law, refers to the trademark Agency staff engaged in trademark.

Trademark Agency employees shall not personally arrange a delegate.

86th trademark agency with the Trademark Office, the trademark review and adjudication Board has submitted the application documents shall be stamped with the seal of the Agency and signed by the related trademark agent in China.

87th trademark agents register or its agency services other than the trademark, the Trademark Office was inadmissible.

88th following acts belong to the trademark law article 68th in other improper means provided for in the second subparagraph of paragraph disorder the trademark market behavior:

(A) for fraud, false advertising, misleading or commercial bribery, including soliciting business;

(B) hide the truth and to provide false evidence, or intimidating or inducing others to hide the facts, providing false evidence;

(C) received in the same trademark cases commissioned by the parties to a conflict of interest.

Trademark law article 68th 89th trademark Agency, by the perpetrator is located or violations to industrial and commercial administration departments at or above the county level in the investigation and will investigate and deal with the Trademark Office informed. 90th and Trademark Office, trademark review and adjudication Board in accordance with the trademark law article 68th stopped receiving trademark Agency for trademark agents, can stop accepting the trademark agency trade mark agent for more than 6 months until the permanent cessation of admissibility decisions.
Stopped receiving agency business trademarks the expiration of the period, the trademark office or the trademark review and adjudication Board shall restore the admissibility.

The trademark office or the trademark review and adjudication Board to stop accepting or restore the decision accepting the trademark Agency shall announce on its website.

91st industrial and commercial administrative departments should strengthen the trademark agency organization supervision and guidance.
　　The tenth chapter by-laws

92nd service trademarks of continuous use between July 1, 1993, with others in the same or similar services are registered service marks on the same or similar, you can continue to use; on July 1, 1993, however, broke down after 3 years or more, shall not continue to use it.

Has continuous use to the Trademark Office of first filing new release products or date of service trademarks, with others in the new release of goods or services identical or similar to the registered trademark on goods or services identical with or similar, you can continue to use, but first filing date of interruption for 3 years or more, shall not continue to use it.

93rd trademark registered by the classification of goods and services, developed and published by the Trademark Office.

In applying for trademark registration or handling other trademark matters shall file format, developed by the trademark office or the trademark review and adjudication Board and published.

Review rules for trademark review and adjudication Board shall be formulated by the Administrative Department for industry and Commerce developed and published.

94th, and Trademark Office settings of the trade marks register, record registered trademarks and matters relating to registration. 95th trademark registration certificate and proof is proof of rights holders have the right to exclusive use of registered trademarks.

Recorded in the trademark registration certificate of registration matters should be consistent with the register of marks recorded inconsistent unless there is evidence of errors in the register of marks, of the register of trademarks shall prevail.

96th Trademark Office issued the trademark Gazette, published the trademark registration and other related matters.

The trademark Gazette for paper or electronic form.

Apart from the service bulletins, and announcements from the date of publication as a public already knew or should have known that. 97th in applying for trademark registration or handling other trademark matters shall pay a fee.

Payment of fees and standards, by the financial Department of the State Council, the State Council Department in charge of price respectively. 98th these regulations come into force on May 1, 2014.