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Trademark Law of the People's Republic of China (1993 Amendment)

Chapter 1 General Provisions Article 1 In order to strengthen trademark management, protect the exclusive rights to trademarks, urge producers to ensure product quality and maintain trademark reputation, so as to protect the interests of consumers and promote the development of the socialist commodity economy, This law is specially enacted. Article 2 The Trademark Office of the administrative department for industry and commerce of the State Council is responsible for the registration and management of trademarks nationwide. Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Article 4 If enterprises, institutions and individual industrial and commercial entities need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute, they shall apply to the Trademark Office for commodity trademark registration.

Enterprises, institutions and individual industrial and commercial individuals who need to obtain exclusive rights to trademarks for the services they provide should apply to the Trademark Office for service trademark registration.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks. Article 5: Goods that require the use of registered trademarks as stipulated by the state must apply for trademark registration. Products without approval of registration may not be sold in the market. Article 6 Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should supervise product quality through trademark management and prevent behaviors that deceive consumers. Article 7 The words, graphics or combinations used in a trademark should have distinctive features and be easy to identify. If a registered trademark is used, it should be marked with "registered trademark" or registered mark. Article 8 The following words and graphics shall not be used in trademarks:

(1) Those that are the same as or similar to the country name, national flag, national emblem, military flag, or medal of the People’s Republic of China;

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

(3) Identical or similar to the flag, emblem, or name of an intergovernmental international organization;

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(4) The same or similar logo or name as the "Red Cross" or "Red Crescent";

(5) The common name and graphics of this product;

(6) Directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(7) Ethnicly discriminatory;

(8) Exaggerated and deceptive propaganda;

(9) Harmful to socialist morals or having other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks, except where the place names have other meanings; registered trademarks using place names will continue to be valid. Article 9 If a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed by the country to which he or she belongs and the People's Republic of China or the international treaty that both countries are a party to, or in accordance with the principle of reciprocity. Article 10 When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they shall entrust an organization designated by the state to act as their agent. Chapter 2 Application for Trademark Registration Article 11 When applying for trademark registration, the product category and product name for which the trademark is used shall be filled in according to the prescribed product classification table. Article 12 If the same applicant uses the same trademark on different categories of goods, he or she shall submit a registration application according to the commodity classification table. Article 13 If a registered trademark needs to be used on other goods of the same category, a separate application for registration shall be submitted. Article 14 If a registered trademark needs to change its text or graphics, a new registration application must be submitted. Article 15 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted. Chapter 3 Examination and Approval of Trademark Registration Article 16 If a trademark applied for registration complies with the relevant provisions of this Law, it shall be initially examined and approved by the Trademark Office and announced. Article 17 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not publish it. Article 18 If two or more applicants apply for registration of identical or similar trademarks on the same goods or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; if the application is made on the same day, the trademark applied for first shall be preliminarily reviewed and determined. And announce the previously used trademark, reject other people's applications, and not announce it. Article 19: Anyone may raise an objection to a preliminary approved trademark within three months from the date of announcement.

If there is no objection or it is ruled that the objection cannot be established, the registration will be approved, a trademark registration certificate will be issued, and an announcement will be made; if the objection is ruled to be established, the registration will not be approved. Article 20 The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Committee to handle trademark disputes. Article 21: For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the applicant in writing. If the applicant is dissatisfied, he or she may apply for review within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing. Article 22: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the applicant, and make a ruling after investigation and verification. If the party is dissatisfied, it may apply for review within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make a final ruling and notify the opponent and applicant in writing. Chapter 4 Renewal, Transfer and License of Use of Registered Trademarks