Article 1 In order to strengthen the management of export commodity trademarks and promote the development of my country’s foreign economic and trade, in accordance with the relevant provisions of the Trademark Law of the People’s Republic of China and the Unified Plan for Foreign Economic and Trade, the Unified Foreign Economic and Trade Unified Plan These measures are formulated based on the principles of policy, centralized leadership, and joint external relations. Article 2 Export commodity trademarks shall be registered and managed uniformly by the state, and shall be coordinated and specifically managed by the Ministry of Foreign Economic Relations and Trade. Article 3 The foreign economic and trade departments (commissions and bureaus) of all provinces, municipalities, and autonomous regions shall supervise and inspect the use and registration of export commodity trademarks in their regions, urge all export units in the region to implement policies and regulations related to export commodity trademarks, and coordinate the use and registration of export commodity trademarks in their regions. The relationship between export units and between export units and production enterprises regarding trademarks of export commodities. Article 4 Each professional head office engaged in export business shall keep track of the domestic and foreign use and registration of trademarks in its system, safeguard the rights and interests of our trademarks abroad, guide the trademark work of its affiliated branches and branches, and uniformly arrange and coordinate the use of the same trademark at multiple ports. Trademark's product sales prices, customers and markets.
The trademarks of each branch and branch company must obtain the consent of the head office before use. Article 5: When products using a certain trademark are produced by one factory and cannot meet the needs of foreign markets and need to be produced by multiple factories organized by an export company or production supervisory unit, a trademark license contract shall be signed with the consent of the trademark registrant. In addition to being submitted to the Trademark Office for record and the relevant local industrial and commercial administration departments for review in accordance with Article 18 of the Implementing Rules of the Trademark Law, the contract should also be reported to the relevant professional head office and the Ministry of Foreign Economic Relations and Trade for record.
The trademark license contract should include the following main contents:
1. The licensee must produce according to the product varieties and quality standards stipulated in the contract. If the product quality does not meet the specified standards, its license may be suspended or canceled. If the circumstances are serious and losses are caused, the licensee shall bear corresponding financial responsibility.
2． All units using licensed trademarks must adopt unified trademark patterns, packaging and decoration as stipulated in the contract. In order to facilitate inspection and supervision, all units using licensed trademarks must indicate the place of origin, production plant or their code on their products or packaging. Without the consent of the licensor, the licensee shall not use the trademark for its own products for domestic sale.
3. The licensor may charge trademark usage fees from the licensee, except where the license contract stipulates that the usage fees are exempted. Article 6 Units engaged in export business may use and apply for registration of sales trademarks, but they shall not be identical or similar to trademarks already registered by production enterprises. Article 7 Anyone who counterfeits the packaging and decoration of other people's goods, deceives buyers, damages the reputation of other people's trademarks, and disrupts the market shall be subject to administrative sanctions or economic sanctions according to the seriousness of the case. Article 8: When accepting a brand, each company must carefully examine the customer's credit status. The company's business supervisory unit shall jointly put forward opinions with the company's trademark supervisory unit and submit them to the company manager for approval.
The customer’s custom brand must not be identical or similar to a trademark registered in my country. The shape, packaging and decoration of its products must not be counterfeited. Customers must provide notarized proof of trademark ownership or licensed use. Article 9 Issues related to the ownership and use of trademarks by export units in various provinces, municipalities, and autonomous regions during the reform of the foreign trade system and the adjustment of commodity business division of labor shall be coordinated and handled by the Ministry of Foreign Economic Relations and Trade and the State Administration for Industry and Commerce in accordance with the following principles:
1． If all or most of the source of goods for a trademark registered by the original port foreign trade company is allocated from the mainland, the original port foreign trade company shall transfer the ownership of the trademark to the original transfer party after handing over the right to operate the goods.
2． The original port and relevant units in the Mainland have jointly used important commodities registered by the original port foreign trade company for a long time in the past. If the separate use of different trademarks will seriously affect the export of the goods, a trademark use license contract must be signed to continue to use them jointly. Original trademark.
3. Each export unit must carry out foreign trade in strict accordance with the regulations of the Ministry of Foreign Economic Relations and Trade on the division of labor for adjusted commodity operations. After the original business unit transfers the right to operate the commodities, it shall transfer the trademark ownership of the adjusted commodities to the new business unit.
Article 10: Export commodity trademarks should be registered abroad in a timely manner according to the needs of external sales, so as to obtain legal protection from the country and region where they are sold. If a registration application filed abroad is rejected, the applicant shall submit a copy of the foreign rejection reasons to the Ministry of Foreign Economic Relations and Trade and the State Administration for Industry and Commerce for their records. Once the registration is approved and the registration certificate is obtained, it should be reported to the Ministry of Foreign Economic Relations and Trade and the State Administration for Industry and Commerce for filing.
Trademark owners can directly contact foreign countries to apply for registration, or they can entrust the China Council for the Promotion of International Trade or export units to handle it on their behalf.
For trademarks that have been registered abroad, pay attention to the usage situation, and take timely measures for registered trademarks that have not been used or whose registration is about to expire to avoid invalidation of registration. Article 11: All commercial agencies stationed abroad should keep abreast of the situation of my country's export commodity trademarks used in their respective locations and assist in the registration process. If they discover problems such as preemptive registration or counterfeiting, they should promptly report them domestically and assist in resolving them. Article 12 The words, graphics or combinations used in the trademarks of exported goods must comply with my country’s Trademark Law and the trademark regulations and customs of foreign sales areas. Article 13 These Measures shall come into effect from the date of issuance. If there is any conflict between previous regulations on trademark management of export commodities and these Measures, these Measures shall prevail.
Ministry of Foreign Economic Relations and Trade, State Administration for Industry and Commerce
October 13, 1983