(August 3, 2002 People's Republic of China promulgated as of September 15, 2002, promulgated by Decree No. 358) 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 referred to in the trademark law and these regulations use of trademarks, including the trademark used for goods, goods packaging or container and commodity trading instruments, or trademark advertising, exhibitions and other commercial activities.
    Article fourth trademark law countries referred to in article sixth goods requiring the use of a registered trademark refers to laws, administrative regulations, must use a registered trademark product. Fifth, in accordance with the provisions of the trademark law and these regulations, during the process of trademark registration, trademark disputes, parties concerned believe that his trademark constitutes a well-known trademark, corresponding to the trademark office or the trademark review and adjudication Board for well-known trademarks, dismissed the violation of the 13th article of the trademark law a trademark registration application or trademark registration of the revocation violates trademark law article 13th.
    Upon application by the parties concerned, shall submit the evidence that his trademark constitutes a well-known trademark.
    The Trademark Office and the trademark review and adjudication Board upon request of the parties, based on the facts, in accordance with the provisions of the trademark law article 14th, determined whether his trademark constitutes a well-known trademark.
    Geographical indications provided for in article sixth 16th of the trademark law, may, 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 seventh 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.
    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.
    Eighth applying 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.
    Nineth 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 client or any person, agent, (ii) other relationships with the party or agent, may affect the impartiality of, and (c) have an interest in applying for trademark registration or handling other trademark matters.
    Tenth article except this Ordinance another has provides of 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. 11th the trademark office or the trademark review and adjudication Board of various documents, can be served by mail, by personal delivery or by other means.
    Party entrusts a trademark Agency, files trademark Agency shall be deemed served on the parties. The trademark office or the trademark review and adjudication Board to the document served on the parties of the date, sent by mail, the received date of postmark shall prevail; postmark date is not clear or there is no postmark from 15th after the date on which the document was sent, as served directly submitted, subject to the application date.
    File could not be sent or cannot be submitted directly, may by notice served on the parties, from the date of announcement on 30th, the document shall be deemed to have been served. 12th international registration of a trademark in accordance with China's accession to the relevant international treaties.
    Specific measures shall be prescribed by the Administrative Department for industry and commerce under the State Council. Chapter II application for trademark registration 13th application for trademark registration shall be published in accordance with the classification of goods and services by such applications.
    Each a trademark registration application shall be submitted to the Trademark Office, the trademark registration book 1, trademark drawing 5; specify color and coloring drawings shall be submitted, 5 black and white drawing 1.
    Trademark drawings must be clear, easy to paste, with a smooth and durable paper or use photos instead, length or width should be not more than 10 cm, not less than 5 cm.
    Three-dimensional sign trade mark application, shall be declared in the application, and submitted to determine the three dimensional shape of the patterns.
    To color combinations applied for a registered trademark shall be declared in the application, and submit the text.
    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 a copy of the valid documents to prove his identity.
    On behalf of the applicant for trademark registration shall be consistent with the documents submitted by.
    15th product or service shall be in accordance with the classification of goods and services completed; name of 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 relevant documents shall be typewritten or printed.
    16th joint application for registration of the same trademark, a representative should be specified in the application; representative is not specified, in the application in the first person as the representative of the order.
    17th change the name, address of the applicant, agent, or deletion of the specified commodity, can handle the change with 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, the Trademark Office receives the application documents the date shall prevail.
    Application procedures are available and fill out the application documents pursuant to the provisions of, the Trademark Office shall accept and notify the applicant in writing; application procedures are not available or do not fill in the application file pursuant to the provisions of, 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 of the correction is not made, as a waiver application, the Trademark Office shall notify the applicant in writing. 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 24th 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.
    Claims the right of priority in accordance with article 25th of the trademark law, and supporting documents submitted by the applicant shall be certified by the Administrative Department for industry and commerce under the State Council provisions; its commodities except for the international exhibition was held in China.
    Third chapter trademark registered application of review 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 of 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.
    Logo for use on the part of the designated goods give preliminary approval of an application for registration of the mark, the applicant may in the date of the expiry of the objection, applications to give up on the part of the designated goods, use of a trademark application for registration; applicants give up part of the application for registration of a trademark is to be used on the designated goods, the Trademark Office shall withdraw the original preliminary approval to terminate the review procedures, and announcements. 22nd objected to the preliminary examination shall be published by the Trademark Office's trademark, the opponent shall be submitted to the Trademark Office trademark opposition in duplicate. Trademark opposition shall clearly state the objection of the trademark is published in the trademark Gazette issue and preliminary approval.
    Requests for trademark opposition shall have a clear and factual basis, and to attach thereto any relevant evidential materials. Copy of the Trademark Office trademark opposition shall be promptly communicated to the opponent, limit the date of receipt of the copy of the trademark opposition within the 30th in reply. Being the opponent not to reply, does not affect the adjudication by the Trademark Office.

    Upon objection or defense, the party needs to supplement the evidence, 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, as a party to give up additional relevant evidence materials. 23rd 34th of the trademark law mentioned in the second paragraph of article objection is established, including the establishment, on the part of the designated goods.
    Establishment of the objection on the part of the designated goods, trademark registration on the part of the designated goods shall not be approved.
    Be opposed trademark has published the journal before the ruling is in effect, withdraw the original journal, by the ruling approved the registration of trademark notice again.
    Registered trademark approved by the ruling, since the expiry date of the trademark opposition to adjudication before the entry into force, to others in the same or similar goods and the conduct of a trademark identical with or similar to the mark does not have retroactive effect, however, due to the use of human losses caused by malicious to the registrant, shall be compensated.
    By the ruling approved the registration of trademark, to make an application for assessment of the term from the trademark adjudication date of announcement. Registered trademark of the fourth chapter of change, transfer, renewal article 24th change the trademark registrant, address or other registered matters, shall be submitted to the Trademark Office for application for amendment.
    Trademark Office approval, the 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 the trademark registrant, shall also submit the relevant proof of registration certificate issued by the change.
    Has not submitted proof of change, from the date of application in the 30th to pay; the expiration of not submitting, operate as a waiver request, the Trademark Office shall notify the applicant in writing.
    Change of name or address of the registered, the registrant should be all registered trademarks be changed; not be changed, waived change request, the Trademark Office shall notify the applicant in writing. 25th 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. Assignment of a registered trademark application procedure handled by the assignee.
    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 registration for its in the same or similar goods on the same or similar to the registered trademark shall be assigned is not transferred, the trademark notice rectify; refuses to correct the expiry, deemed abandoned application for transfer of the registered trademark, the Trademark Office shall notify the applicant in writing.
    That may cause misidentification, confusion or other adverse effects of the assignment of a registered trademark, the Trademark Office shall not be approved, notify the applicant in writing and state the reasons.
    Article 26th due to causes other than transfer the right to exclusive use of registered trademarks transfer and receiving parties on the transfer of the right to the exclusive use of registered trademarks should 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; expiration does not correct it, as a waiver application for the transfer of a registered trademark, the Trademark Office shall notify the applicant in writing. 27th article needs to renewal of the registration of a registered trademark shall be submitted to the Trademark Office trademark application for renewal of registration.
    After the Trademark Office approved the application for trademark registration renewal, issue the relevant certificate, and shall be published.
    Renewal of a registered trademark is valid for the mark the previous day following the expiry calculations. Fifth chapter trademark review 28th the trademark review and adjudication Board to accept based on trademark law article 32nd, 33rd, 41st and 49th filed trademark applications.
    The trademark review and adjudication Board based on the fact that, according to the review.
    Article 29th trademark 41st trademarks registered mentioned in the third paragraph of article dispute, refers to the first application for registration of the later trademark registration people think others trademarks registered in the same or similar to the registered trademark on the goods are identical or similar.
    30th application for review shall submit application to the trademark review and adjudication Board, and according to the number of the other party to submit the corresponding number of copies based on decision of the trademark review and adjudication applications should also together with the Trademark Office's decision or order a copy of the book. 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.
    31st 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.
    32nd 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.
    33rd the trademark review and adjudication Board requests or needs of the parties, may decide to review applications for public review. Trademark review and adjudication Board decides to review applications for public review, and shall, on the 15th before the public review and notify the parties in writing, inform the public review date, 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 public review, 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 public review, absence of the trademark review and adjudication Board to review.
    34th the trademark review and adjudication Board's decision the applicant, before the request for withdrawal, by the trademark review and adjudication board give reasons in writing, can be withdrawn for withdrawal, review the program terminates.
    35th withdrawals by the trademark review and to the application shall be subject to the same set of facts and reason to make an application for assessment; 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. 36th article in accordance with the provisions of trademark law article 41st revocation of a registered trademark, and its trademark rights as from the outset does not exist.
    Related to the removal of the registration decision or ruling, and to remove the trademark infringement case before the people's Court and executed judgment or ruling, and industrial and commercial administrative departments to make and implement decisions on cases of trademark infringement, and has executed trademark assignment or licensing contracts, does not have retroactive effect, but losses due to malicious trademark registration to another person, compensation should be awarded.
    Sixth chapter trademark use of 37th to use registered trademarks, products, packaging, manuals, or other attachments marked "registered trademark" or a sign. Registered marks including (Note plus 0) and (r with 0).
    Use registration marks, should be marked in the upper-right or lower-right corner of the logo. Article 38th of the trademark registration certificate is lost or damaged, it should be reissued with the Trademark Office. 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.
    Forging or altering the certificate of trademark registration, 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.
    39th article 44th of trademark law (a), (b), (c) Act in one of the industrial and commercial administrative authority shall order the registrant to correct within; it refuses and submit them to revoke the registration of the trademark by the Trademark Office. In article 44th of the trademark law (iv) Act, any person may apply to the Trademark Office for cancellation of registered trademarks, and explain the situation.
    The Trademark Office shall notify the registrant, 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.
    40th in accordance with trademark, 44th, 45th section revocation of a registered trademark, shall be published by the trademark office; the right to exclusive use of a registered trademark from trademark office from the date of the decision to terminate.
    41st the trademark office or the trademark review and adjudication Board to cancel a registered trademark, and revocation reason is only part of the designated goods, cancellation on the part of the designated goods, the use of registered trademarks.
    42nd in accordance with the trademark law article 45th, 48th, impose a fine amounting to 20% per cent of illegal or illicit profits twice times.
    In accordance with the provisions of trademark law article 47th 10% per cent of the amount of fines for illegal business.
    Article 43rd licenses another person to use its registered trademark, the licensee shall license within 3 months from the date the contract is signed copies of the contracts submitted to the Trademark Office for record. 44th 40th of article in violation of trademark law, the industrial and commercial administrative authority shall order correction within; it fails to, collect their trademark; trademarks and goods difficult to separate, joint collection and destruction.

    Article 45th trademark violations of the 13th article of the trademark law, the parties concerned may request the administrative departments for industry and commerce to prohibit the use. Upon application by the parties, shall submit the evidence that his trademark constitutes a well-known trademark.
    In accordance with the provisions of the trademark law article 14th by the Trademark Office recognized as well-known trademarks, industrial and commercial administrative authority shall order the infringer to stop violating the trademark law article 13th with the conduct of a well-known trademark, collection and destruction of its trademark logo; trademarks and goods difficult to separate, joint collection and destruction.
    46th 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, 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. 47th death or termination of the trademark registrant, expiration of 1 year from the date of the death or cessation, without going through the formalities of the transfer of the registered trademarks, any person may apply for cancellation of the registered trademarks with the Trademark Office.
    Submit a cancellation application shall submit evidence relevant to the death or cessation of the trademark registrant.
    Registered trademark was cancelled because of death or termination of the trademark registrant, the registrant the right to exclusive use of registered trademarks death or date of termination.
    48th article registered trademark was revoked or in accordance with this Ordinance 46th article, and 47th article of provides was cancellation of, original trademark registered card void; revoked the trademark in part specified commodity Shang of registered of, or trademark registered people application cancellation its trademark in part specified commodity Shang of registered of, by trademark Council in original trademark registered card Shang raises returned, or again issued trademark registered card, and to announcement.
    The seventh chapter of the right to exclusive use of registered trademarks protected 49th registered trademarks contained in this product's generic name, graphics, models, or directly indicates the quality, main raw materials, functions, use, weight, quantity or other characteristics, or which contain place names, the registered trademark shall not be entitled to prohibit others from using.
    50th article has following behavior one of of, belongs to trademark law 52nd article subsection (five) items by said violations registered trademark dedicated right of behavior: (a) in with a or similar commodity Shang, will and others registered trademark same or approximate of logo as commodity name or commodity decoration using, misleading public of; (ii) deliberately for violations others registered trademark dedicated right behavior provides warehouse, and transport, and mailing, and hidden, convenience conditions of.
    51st on the violations of the right to exclusive use of registered trademarks, anyone can contribute to the industrial and commercial administration sector complaints or reports.
    52nd on the violations of the right to exclusive use of registered trademarks, the amount of the fine for illegal operation 3 times times the illegal operation amount cannot be calculated, the amount of the fine for less than 100,000 yuan. 53rd someone considers to be its well-known trademark by the trademark as an enterprise name registration, may be misleading to deceive the public or to the public, you can apply to the Enterprise name registration authorities to revoke the registration of enterprise names.
    Enterprise name registration authorities shall, in accordance with the provisions on the administration of Enterprise name registration.
    Eighth chapter supplementary articles article 54th consecutive until July 1, 1993, service marks, and 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.
    55th specific measures for the administration of the trademark by the State Council separately.
    56th trademark registered by the classification of goods and services, formulated by the Administrative Department for industry and commerce under the State Council and published.
    In applying for trademark registration or handling other trademark matters shall file format, formulated by the Administrative Department for industry and commerce under the State Council and published.
    Review rules for trademark review and adjudication Board shall be formulated by the Administrative Department for industry and Commerce developed and published.
    57th, the Trademark Office settings of the trade marks register, record registered trademarks and matters relating to registration.
    The trademark Gazette issued trademark office shall compile, publish trademark registrations and other related matters. Article 58th in applying for trademark registration or handling other trademark matters shall pay a fee.
    Payment of fees and standards shall be formulated by the Administrative Department for industry and commerce in collaboration with the Department in charge of price under the State Council and published. 59th article of the regulations come into force on September 15, 2002.
                                                                                                                Released March 10, 1983, January 3, 1988, the State Council approved the first amendment, the approval of the State Council on July 15, 1993, the second amendment of the People's Republic of China implementation rules of trademark law and April 23, 1995, the Department of State on the issue of documents for trademark registration attached reply repealed simultaneously.