The "Several Provisions on Regulating the Application for Registration of Trademarks" was reviewed and adopted by the State Administration for Market Regulation at the 13th Bureau Executive Meeting in 2019 on October 10, 2019, and is hereby announced. Effective from December 2019 Effective from the 1st. Director Xiao Yaqing issued several regulations on regulating trademark application and registration behaviors on October 11, 2019 (State Administration for Market Regulation Order No. 17 published on October 11, 2019). Article 1 is to regulate trademark application and registration behaviors, regulate malicious trademark applications, and safeguard trademarks. Registration management order, protection of public interests, in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law Implementation Regulations) Regulations), formulates these regulations. Article 2 When applying for trademark registration, you must abide by the provisions of laws, administrative regulations and departmental rules, and have the actual need to obtain the exclusive right to trademark. Article 3 Applications for trademark registration shall follow the principle of good faith. The following acts are not allowed: (1) Applying for trademark registration in bad faith without the purpose of use, as stipulated in Article 4 of the Trademark Law; (2) Copying, imitating or translating other people's well-known trademarks as stipulated in Article 13 of the Trademark Law; ( 3) Under the provisions of Article 15 of the Trademark Law, the agent or representative applies to register the principal or represented person's trademark without authorization; the application is made based on the knowledge of the existence of a trademark previously used by others based on a contract, business relationship or other relationship. Registering the trademark; (4) Under the provisions of Article 32 of the Trademark Law, infringing the existing prior rights of others or using unfair means to preemptively register a trademark that has been used by others and has a certain influence; (5) Using deception or Applying for trademark registration by other improper means; (6) Other violations of the principle of good faith, public order and good customs, or other adverse effects. Article 4 Trademark agencies shall abide by the principle of good faith. If you know or should know that the client's application for trademark registration falls under any of the following circumstances, you shall not accept his entrustment: (1) It falls under Article 4 of the Trademark Law and applies for trademark registration in bad faith without the purpose of use; (2) It falls under Article 4 of the Trademark Law As stipulated in Article 15; (3) As stipulated in Article 32 of the Trademark Law. In addition to applying for trademark registration for its agency services, trademark agencies are not allowed to apply for registration of other trademarks, and they are not allowed to disrupt the order of the trademark agency market by improper means. Article 5 If the trademark registration application is found by the trademark registration department to be a malicious trademark registration application that is not intended for use in violation of Article 4 of the Trademark Law, it shall be rejected in accordance with the law and shall not be announced. Specific examination procedures shall be formulated separately by the trademark registration department in accordance with the Trademark Law and the Implementing Regulations of the Trademark Law. Article 6 If an objection is raised against a trademark that has been initially approved and announced during the announcement period due to violation of these regulations, the trademark registration department shall, after review, determine that the objection is justified and shall make a decision not to register it in accordance with the law. For trademarks that apply for rejection review or non-registration review, if the trademark registration department deems the trademark to be in violation of these regulations after review, it shall make a decision to reject or not register the trademark in accordance with the law. Article 7 If an application for invalidating a registered trademark is submitted within the statutory time limit due to violation of these regulations, and the trademark registration department deems that the reasons for invalidation are established after review, it shall make a ruling declaring the registered trademark invalid in accordance with the law. If the trademark registration department finds that a registered trademark violates these regulations, it shall declare the registered trademark invalid in accordance with Article 44 of the Trademark Law. Article 8 When determining whether a trademark registration application violates Article 4 of the Trademark Law, the trademark registration department may comprehensively consider the following factors: (1) The number of registered trademarks applied for by the applicant or its associated natural persons, legal persons, and other organizations, Designated categories of use, trademark transactions, etc.; (2) The applicant’s industry, business conditions, etc.; (3) The applicant has been found by an effective administrative decision, ruling, or judicial judgment to have engaged in malicious trademark registration or infringed upon others’ registered trademarks Acts of exclusive rights; (4) The trademark applied for registration is the same as or similar to someone else’s trademark with a certain degree of popularity; (5) The trademark applied for registration is the same as the name of a well-known person, company name, company name abbreviation or other commercial logo, etc. or similar circumstances; (6) Other factors that the trademark registration department deems should be considered. Article 9 The transfer of a trademark shall not affect the trademark registration department’s determination of violations of Article 3 of these Regulations.

Article 10 If a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the trademark registration department to cancel the registered trademark. After accepting the application, the trademark registration department shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within two months from the date of receipt of the notification; if no use is provided upon expiration of the period, If the evidence materials or evidence materials are invalid without justifiable reasons, the trademark registration department shall revoke the registered trademark. Article 11 After the trademark registration department makes the decision or ruling mentioned in Articles 5, 6 and 7 of these Regulations, it shall make it public. Article 12 For applicants who apply for trademark registration in bad faith in violation of Article 3 of these Provisions, in accordance with the provisions of Paragraph 4 of Article 68 of the Trademark Law, the market supervision and administration department at or above the county level where the applicant is located or where the illegal act occurs shall, according to Administrative penalties such as warnings and fines will be imposed if the circumstances are serious. If there are illegal gains, a fine of three times the illegal gains may be imposed and a maximum of not more than 30,000 yuan may be imposed; if there are no illegal gains, a fine of not more than 10,000 yuan may be imposed. Article 13 For a trademark agency that violates Article 4 of these Provisions, in accordance with the provisions of Article 68 of the Trademark Law, the market supervision and administration department at or above the county level where the perpetrator is located or where the illegal act occurs shall order it to make corrections within a time limit and give a warning. A fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed; the directly responsible person in charge and other directly responsible personnel shall be given a warning, and a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If the circumstances are serious, the intellectual property management department may decide to stop accepting the trademark agency's trademark agency business and make an announcement. Article 14 The government department that makes an administrative penalty decision shall disclose the penalty information to the public through the national enterprise credit information disclosure system in accordance with the law. Article 15 For trademark agencies that violate Article 4 of these Regulations, the intellectual property management department shall conduct rectification interviews with their responsible persons. Article 16 The intellectual property management department and the market supervision and management department shall actively guide applicants to apply for trademark registration in accordance with the law, trademark agencies to engage in trademark agency business in accordance with the law, and regulate the use of registered trademarks in production and business activities. Intellectual property management departments should further unblock trademark application channels, optimize the trademark registration process, improve trademark public service levels, and provide convenient services for applicants to directly apply for registered trademarks. Article 17 The intellectual property management department shall improve the internal supervision system and strengthen supervision and inspection of the implementation of laws, administrative regulations and compliance with disciplines by state agency staff engaged in trademark registration. If state agency staff engaged in trademark registration neglect their duties, abuse their power, practice favoritism, handle trademark registration matters illegally, accept property from parties, and seek illegitimate benefits, they shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 18 Trademark agency industry organizations shall improve industry self-discipline norms, strengthen industry self-discipline, punish members who violate industry self-discipline norms, and promptly announce them to the public. Article 19 These regulations will come into effect on December 1, 2019.