The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks in accordance with the provisions of Article 14 of the Trademark Law on the basis of ascertaining the facts. Article 6 Geographical indications specified in Article 16 of the Trademark Law may apply for registration as certification trademarks or collective trademarks in accordance with the provisions of the Trademark Law and these Regulations.
Where a geographical indication is registered as a certification trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request the use of the certification trademark, and the organization that controls the certification trademark shall allow it. Natural persons, legal persons or other organizations whose products meet the requirements for using geographical indications registered as collective trademarks may request to join groups, associations or other organizations registered as collective trademarks, and such groups, associations or other organizations shall be accepted as members in accordance with their articles of association; Those who do not require to join the group, association or other organization that uses the geographical indication as a collective trademark may also use the geographical indication properly, and the group, association or other organization has no right to prohibit it. Article 7 Where a party entrusts a trademark agency to apply for trademark registration or handle other trademark matters, it shall submit a power of attorney. The power of attorney shall specify the contents and authority of the agency; The power of attorney of a foreigner or foreign enterprise shall also specify the nationality of the client.
The notarization and authentication procedures of the power of attorney and relevant certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.
Foreigners or foreign enterprises mentioned in Article 18 of the Trademark Law refer to foreigners or foreign enterprises that have no habitual residence or business office in China. Article 8 Chinese shall be used when applying for trademark registration or handling other trademark matters.
Certificates, supporting documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, and Chinese translations shall be attached; If it is not attached, it shall be deemed that certificates, certification documents or evidential materials have not been submitted. Article 9 The staff of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw under any of the following circumstances, and the parties concerned or interested parties may ask them to withdraw:
(1) Being a close relative of a party or a party or an agent;
(2) Having other relations with the parties or agents, which may affect impartiality;
(3) Having an interest in applying for trademark registration or handling other trademark affairs. Article 10 Unless otherwise stipulated in these Regulations, the date of submission of documents or materials by the parties to the Trademark Office or the Trademark Review and Adjudication Board, or the date of direct submission, is the date of submission; If mailed, the postmark date shall prevail; If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office or the Trademark Review and Adjudication Board shall prevail, unless the parties can provide evidence of the actual postmark date. Article 11 Various documents of the Trademark Office or the Trademark Review and Adjudication Board may be delivered to the parties concerned by mail, direct delivery or other means. If a party entrusts a trademark agency, it shall be deemed to have been served on the party if it is served on the trademark agency.
The date when the Trademark Office or the Trademark Review and Adjudication Board delivers or mails various documents to the parties shall be based on the postmark date received by the parties; If the postmark date is unclear or there is no postmark, it shall be deemed to have been served on the parties after the date of issuance of the document 15; For direct submission, the date of submission shall prevail. If it cannot be delivered by mail or directly, it can be served on the parties by public announcement, and it will be deemed as served 30 days after the announcement. Article 12 The international registration of a trademark shall be handled in accordance with the relevant international treaties to which China is a party. The specific measures shall be formulated by the administrative department for industry and commerce of the State Council. Chapter II Application for Trademark Registration Article 13 An application for trademark registration shall be filed in accordance with the published classification table of goods and services. For each application for trademark registration, 1 application for trademark registration and 5 trademark designs shall be submitted to the Trademark Office; If a color is specified, 5 copies of colored pattern and 1 black and white draft shall be submitted.
Trademark patterns must be clear and easy to stick, printed on bright and durable paper or replaced by photos, and the length or width should not exceed 10 cm and not less than 5 cm.
Where an application for a registered trademark is made by using a three-dimensional mark, it shall be declared in the application and a pattern capable of determining the three-dimensional shape shall be submitted.
Where an application for a registered trademark is made in the form of color combination, it shall be declared in the application and a written explanation shall be submitted.
To apply for the registration of a collective trademark or a certification trademark, it shall be declared in the application form, and the qualification certificate of the subject and the management rules for the use shall be submitted.
Where a trademark is in a foreign language or contains a foreign language, its meaning shall be stated.