Current location - Trademark Inquiry Complete Network - Trademark inquiry - Detailed Implementation Rules of the Trademark Law of the People's Republic of China (1995 Amendment)
Detailed Implementation Rules of the Trademark Law of the People's Republic of China (1995 Amendment)

Chapter 1 General Provisions Article 1 is formulated in accordance with Article 42 of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law")

These Implementation Rules. Article 2 Applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises that comply with the provisions of Article 9 of the Trademark Law.

The provisions of these Implementing Rules regarding commodity trademarks shall apply to service trademarks. Article 3 To apply for trademark registration, transfer registration, renewal registration, change of the name or address of the registrant, reissue of the "Trademark Registration Certificate" and other related matters, the applicant may entrust a trademark agency organization recognized by the State Administration for Industry and Commerce to act as an agent, or may Apply directly.

Foreigners or foreign enterprises applying for trademark registration or handling other trademark matters in China should entrust a trademark agency designated by the State Administration for Industry and Commerce to act as their agent.

International registration of trademarks shall be handled in accordance with the Madrid Agreement on the International Registration of Trademarks. Article 4 When applying for trademark registration, transfer registration, renewal registration, change, certification renewal, review and other related matters, fees must be paid in accordance with regulations. Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall set up a "Trademark Registration Book" to record registered trademarks and related registration matters.

The Trademark Office compiles and publishes the "Trademark Announcement" to publish trademark registration and other related matters. Article 6: In accordance with Article 3 of the Trademark Law, collective trademarks and certification trademarks approved and registered by the Trademark Office shall be protected by law.

The registration and management measures for collective trademarks and certification marks shall be formulated separately by the State Administration for Industry and Commerce in conjunction with relevant departments of the State Council. Article 7: Human drugs and tobacco products stipulated by the state and announced by the State Administration for Industry and Commerce must use registered trademarks.

Other products that are required to use registered trademarks by the state shall be announced by the State Administration for Industry and Commerce. Article 8 The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Committee to make final decisions and rulings on review matters raised in accordance with the provisions of the Trademark Law and these Implementing Rules. Chapter 2 Application for Trademark Registration Article 9 To apply for trademark registration, applications shall be made by category in accordance with the published commodity classification table. Each trademark registration application must be submitted to the Trademark Office with a "Trademark Registration Application Form", ten copies of trademark drawings (for color trademarks with designated colors, ten copies of colored drawings should be submitted), and a black and white ink draft.

The trademark pattern must be clear and easy to paste, printed on smooth and durable paper or replaced with a photo. The length and width should be no more than ten centimeters and no less than five centimeters. Article 10 Trademark registration applications and other relevant documents must be filled in with a pen, writing brush or typewriter, and the handwriting must be neat and clear.

The name and seal of the trademark registration applicant shall be consistent with the approved or registered name. The declared commodities shall not exceed the approved or registered business scope. The product name should be filled in according to the product classification table; if the product name is not included in the product classification table, a product description should be attached. Article 11 When applying for drug trademark registration, the applicant shall attach certification documents issued by the health administrative department.

When applying for trademark registration of cigarettes, cigars and packaged cut tobacco, documents proving production approval by the national tobacco authority should be attached.

Applying for trademark registration for other goods for which the state stipulates that registered trademarks must be used must be accompanied by approval documents from the relevant competent authorities. Article 12 The application date for trademark registration shall be the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled in in accordance with regulations, the application number will be compiled and a "Notice of Acceptance" will be issued; if the application procedures are incomplete or the application documents are not filled in in accordance with regulations, the application will be returned and the application date will not be retained.

The application procedures are basically complete or the application documents are basically in compliance with the regulations, but if supplements and corrections are needed, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall make supplements and corrections according to the specified content within fifteen days from the date of receipt of the notice. Return it to the Trademark Office. If corrections are made within the time limit and returned to the Trademark Office, the application date will be retained; if no corrections are made or corrections are made beyond the time limit, the application will be returned and the application date will not be retained. Article 13 If two or more applicants apply for registration of identical or similar trademarks on the same goods or similar goods on the same day, each applicant shall, according to the notice of the Trademark Office, apply within thirty days. Submit proof of the date of first use of the trademark.

If the trademarks are used on the same day or are not used at all, each applicant shall negotiate. If the consensus is reached, a written agreement shall be submitted to the Trademark Office within thirty days; if an agreement cannot be reached within thirty days, the applicant shall, under the auspices of the Trademark Office, The decision shall be made by drawing lots or decided by the Trademark Office. Article 14 When an applicant entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, he or she shall submit a power of attorney letter. The power of attorney for an agent shall state the content and authority of the agency. The power of attorney for a foreigner or foreign enterprise shall also state the nationality of the principal.

Foreigners or foreign enterprises shall use Chinese when applying for trademark registration or handling other trademark matters. The notarization and authentication procedures for the agent's power of attorney and relevant certificates shall be handled in accordance with the principle of reciprocity. Foreign language documents should be accompanied by Chinese translations. Article 15 The Trademark Office accepts applications for trademark registration and requests for priority. Specific procedures shall be handled in accordance with the regulations promulgated by the State Administration for Industry and Commerce.