Chapter 1 General Provisions Article 1 These regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law). Article 2 The provisions of these Regulations regarding commodity trademarks shall apply to service trademarks. Article 3 The use of trademarks as referred to in the Trademark Law and these Regulations 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 commercial activities. Article 4 The "goods for which registered trademarks are required by state regulations" as mentioned in Article 6 of the Trademark Law refers to the goods for which registered trademarks are required by laws and administrative regulations. Article 5 In accordance with the provisions of the Trademark Law and these Regulations, when a dispute arises during the process of trademark registration and trademark review, if the relevant parties believe that their trademark constitutes a well-known trademark, they may request the Trademark Office or the Trademark Review and Adjudication Board to recognize the well-known trademark accordingly and reject the violation. Application for trademark registration as stipulated in Article 13 of the Trademark Law or cancellation of trademark registration in violation of Article 13 of the Trademark Law. When the relevant party files an application, it shall submit evidence proving that its trademark constitutes a well-known trademark.
Based on the request of the parties, the Trademark Office and the Trademark Review and Adjudication Board will determine whether the trademark constitutes a well-known trademark on the basis of ascertaining the facts and in accordance with Article 14 of the Trademark Law. Article 6 The geographical indications specified in Article 16 of the Trademark Law may apply for registration as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to use the certification mark, and the organization that controls the certification mark shall allow it. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; groups, associations or other organizations that are not required to participate in the registration of the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it. Article 7 When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.
The notarization and authentication procedures for a foreigner’s or foreign enterprise’s power of attorney and related certification documents shall be handled in accordance with the principle of reciprocity.
Foreigners or foreign enterprises as mentioned in Article 18 of the Trademark Law refer to foreigners or foreign enterprises that do not have a regular residence or business office in China. Article 8 When applying for trademark registration or handling other trademark matters, Chinese shall be used.
If the various certificates, supporting documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, a Chinese translation shall be attached; if not attached, the certificate, supporting documents or evidential materials shall be deemed not to have been submitted. . Article 9 If a staff member of the Trademark Office or the Trademark Review and Adjudication Board falls under any of the following circumstances, he or she shall recuse himself or herself, and the parties or interested parties may request that they recuse themselves:
(1) A person who is a party or a close relative of a party or agent Relatives;
(2) Having other relationships with parties or agents that may affect justice;
(3) Having an interest in applying for trademark registration or handling other trademark matters . Article 10 Unless otherwise provided in these Regulations, the date on which a party submits documents or materials to the Trademark Office or the Trademark Review and Adjudication Board shall be based on the date of submission if submitted directly; if submitted by mail, the date of the postmark shall prevail; If the date is unclear or there is no postmark, the actual date of receipt by the Trademark Office or Trademark Review and Adjudication Board shall prevail, unless the party concerned can provide evidence of the actual postmark date. Article 11 Various documents from the Trademark Office or the Trademark Review and Adjudication Board may be delivered to the parties by mail, direct delivery or other means. If the party entrusts a trademark agency, the documents delivered to the trademark agency shall be deemed to have been served on the party.
The date on which the Trademark Office or the Trademark Review and Adjudication Board delivers various documents to the parties. If it is mailed, the postmark date received by the party shall prevail; if the postmark date is unclear or there is no postmark, the date on which the documents are issued shall be It will be deemed to have been served to the party within 15 days; if it is submitted directly, the date of submission shall prevail. If the document cannot be mailed or submitted directly, it may be served to the party through an announcement. The document will be deemed to have been served 30 days from the date of the announcement. Article 12 International registration of trademarks shall be handled in accordance with relevant international treaties to which my country is a party. Specific measures shall be prescribed by the industrial and commercial administration department of the State Council. Chapter 2 Application for Trademark Registration Article 13 Applications for trademark registration shall be made by category in accordance with the published classification table of goods and services. For each trademark registration application, one copy of the "Application for Trademark Registration" and five copies of the trademark drawings must be submitted to the Trademark Office; if the color is specified, five copies of the colored drawings and one black and white draft must be submitted.
The trademark pattern must be clear and easy to paste, printed on smooth and durable paper or replaced with a photo. The length or width should be no more than 10 cm and no less than 5 cm.
If you apply for a registered trademark with a three-dimensional mark, you must declare it in the application and submit a drawing that can determine the three-dimensional shape.
If applying for a registered trademark based on a color combination, it should be stated in the application and a text description should be submitted.
When applying for registration of a collective trademark or certification mark, a statement must be made in the application, and documents proving the subject's qualifications and usage management rules must be submitted.
If the trademark is in a foreign language or contains a foreign language, the meaning shall be explained.