Article 1: In order to maintain the order of foreign trade operations, protect the legitimate rights and interests of trademark registrants, encourage enterprises to use trademark strategies to develop international markets, and promote the development of my country’s foreign trade, in accordance with the "Foreign Trade Law of the People's Republic of China and the State Council" Trade Law" and the "Trademark Law of the People's Republic of China" (hereinafter referred to as the "Trademark Law"), formulate these regulations. Article 2 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the “Ministry of Foreign Trade and Economic Cooperation”) and the State Administration for Industry and Commerce (hereinafter referred to as the “State Administration for Industry and Commerce”) are responsible for the management, supervision, and guidance of the national foreign trade trademark work. Article 3 The foreign economic and trade commissions (departments and bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as the local foreign economic and trade authorities) and the industrial and commercial administration bureaus (hereinafter referred to as the local industrial and commercial administrative departments) are responsible for the Manage, supervise and guide foreign trade trademark work. Article 4: Each import and export chamber of commerce shall, in accordance with its charter and relevant laws and regulations, supervise, coordinate and provide consulting services for the use of trademarks by member companies. Article 5 The trademarks mentioned in these regulations refer to commodity trademarks, service trademarks and other trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce. Article 6 Foreign trade operators shall abide by the Trademark Law and relevant laws and regulations in their trademark management and use, and accept the guidance, supervision and inspection of relevant departments. Article 7 Foreign trade operators enjoy the right to use and independently dispose of their registered trademarks in accordance with the law, and no other unit or individual may interfere. Article 8 Foreign trade operators shall, based on the actual conditions of their units, establish trademark management institutions, improve trademark management systems, handle domestic and foreign trademark registrations in a timely manner, formulate trademark strategies, and create famous brands. Article 9 Foreign trade operators may only use others’ registered trademarks with the consent of the owner of the registered trademark and by signing a trademark license contract in accordance with the law.
The owner of a registered trademark must strictly supervise the execution of the trademark license contract, ensure product quality, and maintain trademark reputation.
The licensee shall strictly abide by the trademark license contract and obey the will of the licensor in terms of sales market, customers, price, quality and advertising.
The licensee shall not sublicense the licensed registered trademark to others. Article 10 When a foreign trade operator engages in import and export activities and designates or provides use of a trademark to others, it shall require the other party to issue a true and valid document proving the exclusive right to use the trademark or a document proving that the trademark is licensed and does not exceed the scope of the license. and verified. The trademark must not be the same as or similar to a trademark that has been registered on the same or similar goods in my country, and the packaging and decoration of the goods must not be the same as or similar to the packaging and decoration used by others in my country. Article 11 When a joint venture or cooperative enterprise uses the registered trademark of any one of the parties, it shall be clearly stated in the joint venture or cooperation agreement; if a joint venture or cooperative enterprise applies for registration of a trademark in the name of the enterprise, the joint venture or cooperative enterprise shall submit the application Before applying, sign a notarized agreement regarding the ownership of the trademark after the end of the joint venture or cooperative relationship. Article 12 When foreign trade operators purchase, sell as agents, or conduct other marketing activities such as advertising, publicity, exhibitions, etc., they shall ensure that the trademarks used for their goods must not violate the Trademark Law and other relevant regulations; the trademarks used for the goods must not be used for supplying goods. If the trademark is owned by the other party, the foreign trade operator shall strictly check the trademark license contract held by the supplier. If the supplier does not have the right to use the trademark to supply external goods or entrust others to act as an agent for export, it shall not place an order.
Article 13 Foreign trade operators are prohibited from engaging in the following acts during foreign trade activities:
(1) Prohibited acts listed in the "Trademark Law" and "Trademark Law Implementing Rules";
(2) Apply for registration and use of a trademark registered by others in my country in the name of the company or in other countries in a foreign country;
(3) Use the same or similar packaging for the same kind of goods as other people’s goods. , decoration, or deceptive or misleading text descriptions;
(4) The trademarks used in the imported goods are in violation of my country’s Trademark Law and other relevant laws, regulations, policies and relevant laws and regulations. International conventions and agreements.
(5) Other behaviors that cause damage to the exclusive rights of others to register trademarks and disrupt the order of foreign trade operations. Article 14 For foreign trade operators who violate these regulations, in addition to being punished by the industrial and commercial administration authorities in accordance with the relevant provisions of the Trademark Law and the Implementing Rules of the Trademark Law, the Ministry of Foreign Trade and Economic Cooperation may impose the following penalties according to the circumstances:
(1) Notify the criticism;
(2) Give administrative sanctions to the responsible unit leaders and directly responsible persons, or instruct relevant departments to punish the responsible unit leaders and directly responsible persons Administrative sanctions shall be imposed;
(3) Suspension or cancellation of qualifications to participate in various import and export commodity fairs;
(4) Deduction of export commodity quotas;
(5) Suspend or revoke the unit’s right to operate foreign trade for a certain commodity;
(6) Suspend or revoke the unit’s right to operate foreign trade. Article 15: All local foreign trade and economic authorities and import and export chambers of commerce may impose corresponding penalties on foreign trade operators who violate trademark laws, regulations, and rules based on their management authority. Article 16 When competent authorities at all levels investigate cases of trademark infringement, relevant units and individuals shall cooperate. Anyone who commits any of the following acts may be given a warning or a notice of criticism, and the legal representative of the enterprise and the person directly responsible may be given corresponding administrative sanctions. If the circumstances are serious enough to constitute a crime, criminal liability shall be investigated in accordance with the law:
(1) Concealing the truth, issuing perjury, or concealing or destroying evidence;
(2) Refusing to provide relevant contracts, documents, information and other supporting documents;
( 3) Refusing to provide explanations and explanations to the questions or requests raised at the specified time and place without justifiable reasons;
(4) Obstructing the inspection in other ways.