Chapter 1 General Provisions

Article 1 This implementation 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") Detailed 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 persons who comply with the provisions of Article 9 of the Trademark Law. Foreign enterprises.

The provisions on commodity trademarks in these Implementing Rules shall apply to service trademarks.

Article 3 applies for trademark registration, transfer registration, renewal registration, or change of registrant’s name. Applicants can entrust a trademark agency recognized by the State Administration for Industry and Commerce to handle matters such as address, reissue of a "Trademark Registration Certificate," or they can apply directly for foreigners or foreign companies to apply for a trademark in China. To register or handle other trademark matters, a trademark agency designated by the State Administration for Industry and Commerce shall be entrusted.

International registration of trademarks shall be handled in accordance with the Madrid Agreement on the International Registration of Trademarks.

Art. Article 4 Applications for trademark registration, transfer registration, renewal registration, change, certificate renewal, review and other related matters must pay fees in accordance with regulations

Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the “Trademark Office”). The Trademark Office sets up a "Trademark Registration Book" to record registered trademarks and related registration matters.

The Trademark Office compiles and issues 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 marks registered with the Trademark Office shall be protected by law.

The registration and management regulations for collective trademarks and certification marks shall be governed by the State Administration for Industry and Commerce. The administrative bureau shall formulate separate regulations 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 goods for which registered trademarks are required 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 decisions in accordance with the provisions of the Trademark Law and these Implementing Rules.

Chapter 2 Application for Trademark Registration

Article 9 Applications for trademark registration shall be made in accordance with the published commodity classification table. Each application for trademark registration must be submitted to the Trademark Office: a copy of the "Application for Trademark Registration", ten copies of the trademark drawings (for color trademarks of specified colors, ten copies of the colored drawings should be submitted), and a black and white ink draft.

The trademark image must be clear and easy to paste, printed on smooth and durable paper or replaced by a photo. The length and width should be no more than ten centimeters and no less than five centimeters.

Article 10 Application for trademark registration. Other relevant documents should be filled in with a pen, brush or typewriter, and the handwriting should be neat and clear.

The name and seal of the trademark registration applicant should 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 date of application 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 the same or similar trademark on the same or similar goods on the same day, each applicant shall follow the Trademark Office’s regulations. Notification must be submitted within thirty days with 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.

Chapter 3 Review of Trademark Registration

Article 16 The Trademark Office shall review the accepted applications in accordance with the Trademark Law. All applications that comply with the relevant provisions of the Trademark Law and have A distinctive trademark will be preliminarily reviewed and announced; if the application is rejected, a "Notice of Rejection" will be issued to the applicant.

If the Trademark Office believes that the contents of the trademark registration application can be amended, it will issue an "Examination Opinion" and limit it to make amendments within fifteen days from the date of receipt of the notice; if no amendment is made, the amendment is made beyond the time limit, or the amendment is If the application still does not comply with the relevant provisions of the Trademark Law, the application will be rejected and a "Notice of Rejection" will be issued to the applicant.

Article 17 When applying for review of a rejected trademark, the applicant shall submit a copy of the "Rejection of Trademark Review Application" to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the rejection notice. When applying for reexamination, the original "Application for Trademark Registration", ten copies of the original trademark drawings, a black and white ink draft and the "Notice of Rejection" are attached.

The Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing. Trademarks that are subject to preliminary approval by the final decision will be transferred to the Trademark Office for processing.

Article 18 If an objection is raised against a trademark that has been preliminarily reviewed and announced by the Trademark Office, the opponent shall submit the "Trademark Objection Letter" in duplicate to the Trademark Office. The "Trademark Objection Letter" shall indicate the trademark being used. The issue number, page number and preliminary approval number of the Trademark Announcement for the opposed trademark are published. The Trademark Office will hand over the "Trademark Objection Letter" to the person being opposed, who will be required to respond within thirty days from the date of receipt of the notice, and make a ruling based on the facts and reasons stated by the party; if no defense is made within the time limit, the Trademark Office will make a decision and notify Relevant parties.

If the opposed trademark is announced for registration before the opposition ruling takes effect, the registration announcement of the trademark will be invalid.

Article 19 If the party concerned is dissatisfied with the Trademark Office's objection ruling, he may submit the "Trademark Objection Review Application" in duplicate to the Trademark Office within fifteen days from the date of receipt of the trademark objection ruling notice. Application for review by the Review Committee.

The Trademark Review and Adjudication Board will make a final ruling, notify the relevant parties in writing, and transfer it to the Trademark Office for processing.

For a trademark where the opposition is not established, the Trademark Office will approve the registration after the opposition ruling takes effect.

Chapter 4 Change, Transfer, Renewal and Dispute Ruling of Registered Trademarks

Article 20. To apply to change the name of the trademark registrant, each application shall be submitted to the Trademark Office One copy each of the "Application Form for Changing the Name of the Trademark Registrant" and the change certificate. After approval by the Trademark Office, the corresponding certificate will be issued to the registrant and announced.

To apply to change the address of the trademark registrant or other registration matters, each application should submit an "Application Form to Change the Address of the Trademark Registrant" or an "Application Form to Change the Other Registration Matters of the Trademark" to the Trademark Office, as well as relevant One copy of each change certificate. After approval by the Trademark Office, the corresponding certificate will be issued to the registrant and announced.

If the name or address of the trademark registrant is changed, the trademark registrant must handle all registered trademarks together.

Article 21: Application for transfer of registered trademark. The transferor and transferee shall submit an Application for Transfer of Registered Trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the transferee. The transferee must comply with the provisions of Article 2 of these Implementing Rules. After approval by the Trademark Office, a corresponding certificate will be issued to the transferee and announced.

When transferring a registered trademark, the trademark registrant must also handle the same or similar trademarks registered on the same or similar goods. To transfer a trademark for goods specified in Article 7 of these Implementing Rules, the transferee shall provide certification documents from relevant departments in accordance with Article 11 of these Implementing Rules.

The Trademark Office will not approve or reject applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects.

Article 22: When applying for trademark renewal registration, each application shall submit an "Application Form for Trademark Renewal Registration" and five copies of trademark drawings to the Trademark Office. After approval by the Trademark Office, the corresponding certificate will be issued to the registrant and announced. If it does not comply with the relevant provisions of the Trademark Law, the Trademark Office will not approve or reject it.

The validity period of a renewed registered trademark shall be calculated from the day after the expiration of the previous term of validity of the trademark.

Article 23 If the applicant is dissatisfied with the Trademark Office’s rejection of an application for transfer or renewal of registration, the applicant may, within fifteen days from the date of receipt of the rejection notice, submit the “Application for Review of Rejection of Transfer” or “ Submit a copy of the Rejected Application for Reexamination to the Trademark Review and Adjudication Board for review, along with the original "Application for Transfer of Registered Trademark" or "Application for Trademark Renewal and Registration" and "Notice of Rejection".

The Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing. If the final decision is to approve the transfer registration or renewal registration, it will be handed over to the Trademark Office for processing.

Article 24 If a trademark registrant raises a dispute over someone else's registered trademark, he shall submit the "Trademark Dispute Ruling Application" in duplicate within one year from the date of publication of the registration announcement for the other person's trademark. Submit the application to the Trademark Review and Adjudication Board for ruling.

The Trademark Review and Adjudication Board will make a final decision to maintain or cancel the disputed registered trademark, notify the relevant parties in writing, and transfer it to the Trademark Office for processing. If the reason for revocation only involves part of the registration content, that part shall be revoked. If the trademark is revoked, the original trademark registrant shall return the Trademark Registration Certificate to the Trademark Office within fifteen days from the date of receipt of the ruling notice.

Article 25: The following acts are acts of obtaining registration by deception or other unfair means as specified in Article 27, Paragraph 1 of the Trademark Law:

(1) Fabricating or concealing the truth or forging application documents and related documents for registration;

(2) Violating the principle of good faith and making others well known to the public by copying, imitating, translating, etc. Registering the trademark of the principal;

(3) Without authorization, the agent registers the trademark of the principal in his name;

(4) Infringing the legitimate rights and interests of others Registration without prior rights;

(5) Obtaining registration by other improper means.

If a trademark registrant is dissatisfied with the Trademark Office’s decision to cancel a registered trademark in accordance with the provisions of Article 27, Paragraph 1 of the Trademark Law, he may, within fifteen days from the date of receipt of the decision notice, Submit a copy of the "Reexamination Application for Unregistered Improper Trademark" to the Trademark Review and Adjudication Board to apply for review. The Trademark Review and Adjudication Board will make a final decision, notify the applicant in writing, and transfer it to the Trademark Office for processing.

If any unit or individual believes that a trademark registration is improper, they may submit the "Application for Cancellation of Improperly Registered Trademark" in duplicate to the Trademark Review and Adjudication Board for a ruling. The Trademark Review and Adjudication Board will make a final ruling, notify the relevant parties in writing, and transfer it to the Trademark Office for processing.

An improperly registered trademark that has been revoked shall be announced by the Trademark Office. The original trademark registrant shall return the "Trademark Registration Certificate" to the Trademark Office within fifteen days from the date of receipt of the decision or ruling notice.

For a registered trademark canceled in accordance with the provisions of Paragraph 1 and Paragraph 2 of Article 27 of the Trademark Law, the exclusive right to use the trademark shall be deemed to have ceased to exist from the beginning. Decisions or rulings on the cancellation of registered trademarks, judgments and rulings on trademark infringement cases made and executed by the People's Court before cancellation, decisions on handling trademark infringement cases made and executed by the industrial and commercial administrative authorities, and executed trademark Transfer or use license contracts do not have retroactive effect. However, if the trademark registrant causes losses to others due to his bad faith, he shall be compensated.

Chapter 5 Management of Trademark Use

Article 26 The use of a registered trademark shall be marked with the words "registered trademark" or the registration mark (Note) or (R). If it is inconvenient to mark it on the product, it should be marked on the product packaging or instructions and other attachments.

Article 27 If the "Trademark Registration Certificate" is lost or damaged, an application must be made for reissue. The trademark registrant shall submit an "Application Form for Reissue of Trademark Registration Certificate" and a pattern of the trademark to the Trademark Office. Five servings. If the "Trademark Registration Certificate" is lost, a loss statement shall be published in the "Trademark Announcement". The damaged "Trademark Registration Certificate" should be returned to the Trademark Office.

Whoever forges or alters the "Trademark Registration Certificate" shall be fined not more than 20,000 yuan by the local industrial and commercial administration authority according to the circumstances, and the forged or altered "Trademark Registration Certificate" shall be confiscated.

Article 28: For those who commit any of the acts (1), (2), and (3) of Article 30 of the Trademark Law, the industrial and commercial administration authority shall order the trademark registrant to register within a time limit. If the trademark registrant refuses to make corrections, the industrial and commercial administration authority at the place where the trademark registrant is located shall apply to the Trademark Office to cancel the registered trademark.

Article 29: Anyone who commits the act of Article 30 (4) of the Trademark Law may apply to the Trademark Office to cancel the registered trademark and explain the relevant circumstances. The Trademark Office shall notify the trademark registrant to provide proof of use of the trademark or legitimate reasons for non-use within three months from the date of receipt of the notice. If the proof of use is not provided within the time limit or the proof is invalid, the Trademark Office will revoke the registered trademark.

The use of trademarks referred to in the preceding paragraph includes the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other business activities.

Article 30 Applications for registration of trademarks that are identical or similar to the trademarks revoked under Article 29 of these Implementing Rules on the same or similar goods shall not be subject to Article 32 of the Trademark Law. stipulated restrictions.

Article 31: Anyone who commits any of the acts listed in Article 31 or Article 34 (3) of the Trademark Law shall be ordered by the industrial and commercial administration authority to make corrections within a time limit; if the circumstances are serious, , order a review and report, and impose a fine of less than 20% of the illegal business volume or less than twice the illegal profits; goods that are poisonous, harmful and have no use value shall be destroyed; the use of registered trademarks shall be in accordance with the "Trademark Law" stipulations, revoke its registered trademark.

Article 32: Anyone who commits any of the acts (1) and (2) of Article 34 of the Trademark Law shall be prohibited from advertising, sealed or Their trademarks and logos shall be confiscated, ordered to make corrections within a time limit, and may be notified according to the circumstances, and a fine of less than 20% of the illegal business revenue may be imposed.

Article 33 For those who violate the provisions of Article 5 of the Trademark Law, the industrial and commercial administration authorities shall prohibit the sale and advertising of their products, seal up or confiscate their trademarks, and may impose illegal penalties according to the circumstances. Fines below 10% of turnover.

Article 34: No one may illegally print or buy or sell trademarks.

Anyone who violates the provisions of the preceding paragraph shall be stopped by the industrial and commercial administrative agency, his trademark and logo shall be confiscated, and a fine of not more than 20% of the illegal business revenue may be imposed according to the circumstances; if he sells his own registered trademark, the Trademark Office shall The registered trademark may also be revoked; however, if it infringes upon the exclusive right to use a registered trademark, it shall be dealt with in accordance with the provisions of Article 43 of these Implementing Rules.

Article 35 If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor and the licensee shall, within three months from the date of signing the license contract, submit a copy of the license contract to the county-level industrial and commercial administration authority where they are located for review. The licensor shall submit it to the Trademark Office for filing, and the Trademark Office shall make an announcement. .

Anyone who violates the provisions of the preceding paragraph shall be ordered by the industrial and commercial administration authority where the licensor or licensee is located to make corrections within a time limit; if he refuses to make corrections, he shall be fined not more than RMB 10,000 until he applies to the Trademark Office to cancel the registered trademark. .

Whoever violates the provisions of Paragraph 2 of Article 26 of the Trademark Law shall be ordered by the industrial and commercial administration authority where the licensee is located to make corrections within a time limit, confiscate the trademark and logo, and may impose a fine of not more than 50,000 yuan depending on the circumstances. fine.

Article 36: When a trademark registrant licenses others to use its registered trademark, the licensee must comply with the provisions of Article 2 of these Implementing Rules.

If someone licenses others to use a commodity trademark specified in Article 7 of these Implementing Rules, when submitting a copy of the license contract for archival inspection, the licensee shall submit it to the relevant department in accordance with Article 11 of these Implementing Rules. supporting documents.

Article 37 The Trademark Office shall, in accordance with Articles 30 and 31 of the Trademark Law and Articles 28, 29 and 31 of these Implementing Rules, , Articles 34 and 35 of the decision to cancel a registered trademark shall be notified in writing to the trademark registrant and the local industrial and commercial administration authority.

If a trademark registrant is dissatisfied with the Trademark Office’s decision to cancel his registered trademark, he may submit an Application for Trademark Cancellation Review to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the decision notice. review.

The Trademark Review and Adjudication Board will make a final decision, notify the trademark registrant and its local industrial and commercial administration in writing, and transfer it to the Trademark Office for processing.

Article 38 When a trademark registrant applies to cancel his or her registered trademark, he shall submit an "Application for Trademark Cancellation" to the Trademark Office and return the original "Trademark Registration Certificate".

Article 39: A registered trademark that has been revoked or canceled shall be announced by the Trademark Office; from the date of the cancellation or cancellation announcement, the exclusive right to use the trademark will be lost. For a canceled registered trademark, the Trademark Registration Certificate shall be confiscated by the industrial and commercial administration authority where the original trademark registrant is located and returned to the Trademark Office.

Article 40 If the party concerned is dissatisfied with the decision made by the industrial and commercial administrative authorities in accordance with the provisions of Chapter 6 of the Trademark Law and Chapter 5 of these Implementing Rules, the party concerned may Within 15 days, apply for reconsideration to the higher-level industrial and commercial administrative agency; the higher-level industrial and commercial administrative agency shall make a reconsideration decision within two months from the date of receipt of the reconsideration application. If the party is dissatisfied with the reconsideration decision, the party concerned may bring a lawsuit to the People's Court within fifteen days from the date of receipt of the notice of the reconsideration decision. If you fail to apply for reconsideration, sue and perform within the time limit, the industrial and commercial administrative agency shall apply to the People's Court for compulsory enforcement.

Chapter 6 Protection of the Exclusive Rights of Registered Trademarks

Article 41 Any of the following acts shall fall under Article 38 (4) of the Trademark Law The referred acts of infringement of the exclusive rights of registered trademarks:

(1) Distributing goods that knowingly or should have known to infringe the exclusive rights of registered trademarks of others;

(2) Selling goods of the same type or type On similar goods, use words or graphics that are identical or similar to others’ registered trademarks as product names or product decorations, which is enough to cause misunderstanding;

(3) Intentionally infringing on the exclusive rights of others’ registered trademarks Acts that provide convenient conditions for warehousing, transportation, mailing, concealment, etc.

Article 42: Anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the industrial and commercial administration at or above the county level where the infringer is located or where the infringement occurred. The infringed party may also file a lawsuit directly with the People's Court.

If the industrial and commercial administration authorities believe that the exclusive right to use a registered trademark has been infringed, they may exercise the following powers when investigating and collecting evidence:

(1) Question the relevant parties;

( 2) Inspect items related to infringing activities and, if necessary, order them to be sealed;

(3) Investigate behaviors related to infringing activities;

(4) Access, copy and infringement Contracts, account books and other business information related to the activities.

When the industrial and commercial administrative organs exercise the powers listed in the preceding paragraph, the relevant parties shall provide assistance and shall not refuse.

Article 43 For those who infringe on the exclusive right to use a registered trademark, the industrial and commercial administrative authorities may take the following measures to stop the infringement:

(1) Order an immediate cessation of sales;

(2) Seize and destroy infringing trademark signs;

(3) Eliminate infringing trademarks on existing goods;

(4) Seize and specifically use trademark infringement Molds, printing plates and other crime tools;

(5) If the first four measures are insufficient to stop the infringement, or if the infringing trademark is difficult to separate from the goods, the infringing items shall be ordered and supervised to be destroyed.

If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of not more than 50% of the illegal business revenue or not more than five times the profits obtained from the infringement. The industrial and commercial administration authorities may impose a fine of not more than 10,000 yuan on the person directly responsible for infringing the exclusive rights of a registered trademark according to the circumstances.

The industrial and commercial administration may order the infringer to compensate for losses at the request of the infringed party. If the parties are dissatisfied, they may bring a lawsuit to the People's Court.

Article 44 If the party concerned is dissatisfied with the decision made by the industrial and commercial administration authority in accordance with the provisions of paragraphs 1 and 2 of the preceding article, the party concerned may appeal to the court within 15 days from the date of receipt of the decision notice. The first-level industrial and commercial administrative agency applies for reconsideration; the higher-level industrial and commercial administrative agency shall make a reconsideration decision within two months from the date of receipt of the reconsideration application. If the party is dissatisfied with the reconsideration decision, the party concerned may file a lawsuit in the People's Court within fifteen days from the date of receipt of the notice of the reconsideration decision. If no application for reconsideration is made within the time limit, no prosecution is made, and no performance is performed, the industrial and commercial administrative agency shall apply to the People's Court for compulsory enforcement.

Article 45: Anyone who counterfeits someone else’s registered trademark may complain and report to the industrial and commercial administration or procuratorial organ.

In case of accusations and reports to the industrial and commercial administrative organs, the industrial and commercial administrative organs shall handle them in accordance with the provisions of Article 43 of these Implementation Rules; if the circumstances of the accusations and reports are serious and constitute a crime, the judicial organs shall Investigate criminal liability in accordance with the law.

Chapter 7 Supplementary Provisions

Article 46 In accordance with Articles 21, 22, and 35 of the Trademark Law and Article 35 of these Implementing Rules Article 23 and Article 25 stipulate that when applying for review, the party concerned shall apply within the prescribed time limit. Due to force majeure or other legitimate reasons, the party concerned may apply for a thirty-day extension before the expiration of the period. Whether to grant the extension shall be decided by the Trademark Review and Adjudication Board.

If the document is sent or received by mail, the date of the postmark shall prevail; if the postmark is unclear or there is no postmark, the date of receipt or issuance by the party shall be 20 days after the Trademark Office issues the document or 20 days before the receipt of the document, respectively. date.

Article 47 The written form for applying for trademark registration or handling other trademark matters shall be formulated and published by the State Administration for Industry and Commerce.

The fee standards for applying for trademark registration or handling other trademark matters shall be formulated and announced by the State Administration for Industry and Commerce in accordance with relevant national regulations.

The commodity classification table for trademark registration is published by the State Administration for Industry and Commerce.

Article 48 A service mark that has been used continuously until July 1, 1993 is identical or similar to a service mark that has been registered by others for the same or similar services (except for service marks that are well known to the public). , can continue to be used in accordance with the relevant regulations of the State Administration for Industry and Commerce.

Article 49: The State Administration for Industry and Commerce is responsible for the interpretation of these implementation rules.

Article 50 These implementation rules shall come into effect on the date of promulgation.