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Trademark Management Regulations

Article 1: These Regulations are formulated in order to strengthen the management of trademarks and encourage enterprises to ensure and improve the quality of their products. Article 2: Enterprises shall apply for registration of trademarks used by the Central Administration for Industry and Commerce.

For goods that do not use trademarks, if it is necessary and possible to indicate the name and address of the company on the goods or the decoration of the goods, they should be stated so as to facilitate management. Article 3 Trademarks are signs that represent a certain quality of goods. The industrial and commercial administrative agencies shall work with relevant departments to supervise and manage the quality of goods. Article 4 A trademark must have a certain name, and the words and graphics that constitute the trademark should be simple and obvious for easy identification. Article 5 The following words and graphics shall not be used in trademarks:

(1) Identical or similar to the national flag, national emblem, military flag, or medal of the Republic of China;

( 2) Identical or similar to the national flag, national emblem or military flag of a foreign country;

(3) Identical or similar to the red cross or red crescent symbol or name;

(4) Politically harmful.

Trademarks are not allowed to use foreign characters, but trademarks for export goods can be appended with foreign characters. Article 6 The trademark applied for registration shall not be confused with the trademarks of the same product or similar products that have been registered by other enterprises. Article 7 When two or more enterprises apply for trademark registration, if the trademarks are identical or similar, the registration applied for first shall be granted. Article 8 If the trademark applied for registration has not been approved and the applicant disagrees, he may apply for re-examination within one month from the date of receipt of the notice. After re-examination, if it is still not approved, it will be deemed final. Article 9: After a trademark is approved for registration, it will be announced by the Central Administration for Industry and Commerce and a registration certificate will be issued. Article 10 The period of use of a registered trademark starts from the date of approval and ends when the enterprise applies for cancellation. Article 11 After a trademark has been approved for registration, the Central Administration for Industry and Commerce will announce its cancellation under any of the following circumstances:

(1) Shoddy manufacturing that reduces the quality of the goods;

( 2) Changing the name or graphics of the trademark on its own initiative;

(3) The trademark has been suspended for one year without approval; The enterprise puts forward opinions and requests for cancellation, and upon review it is deemed that it should be cancelled. Article 12 If a foreign enterprise applies for trademark registration, it must meet the following two conditions:

(1) A reciprocal trademark registration agreement has been reached between the applicant's country and the People's Republic of China;

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(2) The trademark applied for registration has been registered in the name of the applicant in his home country.

The validity period of trademarks registered by foreign enterprises in my country shall be determined by the Central Administration for Industry and Commerce. Article 13 The implementation details of these Regulations shall be formulated and promulgated by the Central Administration for Industry and Commerce.

The people's committees of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific measures for the management of trademarks in accordance with the provisions of this Regulation and the implementation rules of this Regulation. Article 14 These Regulations shall come into effect from the date of promulgation, and the Interim Regulations on Trademark Registration promulgated by the Government Affairs Council on August 28, 1950 shall be abolished at the same time.