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Detailed Implementation Rules of the Trademark Law of the People's Republic of China (1988 Amendment)

Chapter 1 General Provisions Article 1 These implementation rules are formulated in accordance with Article 42 of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"). Article 2 Applicants for trademark registration must be enterprises, individual industrial and commercial households, public institutions with legal person status, and foreigners or foreign enterprises that comply with the provisions of Article 9 of the Trademark Law, registered in accordance with the law and able to bear civil liability independently. Article 3 Applications for trademark registration, transfer registration, renewal registration, change of the name or address of the registrant, reissuance of trademark registration certificate and other related matters shall be verified and transferred by the industrial and commercial administration authority at or above the county level where the applicant is located (hereinafter referred to as the transfer authority) , or be represented by an organization designated by the State Administration for Industry and Commerce.

Foreigners or foreign enterprises applying for trademark registration or handling other trademark matters in China shall be represented by an organization designated by the State Administration for Industry and Commerce. Article 4 When applying for trademark registration, transfer registration, renewal registration, change, certification renewal, review and other related matters, fees must be paid in accordance with regulations. Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall set up a "Trademark Registration Book" to record registered trademarks and related registration matters.

The Trademark Office compiles and publishes the "Trademark Announcement" to publish trademark registration and other related matters. Article 6 The names of administrative divisions at or above the county level (including county level) and foreign place names known to the public shall not be used as trademarks.

Trademarks that have been approved for registration using names specified in the preceding paragraph shall continue to be valid. Article 7 Human medicines and tobacco products stipulated by the state and announced by the State Administration for Industry and Commerce must use registered trademarks.

Other products that are required to use registered trademarks by the state shall be announced by the State Administration for Industry and Commerce. Article 8 The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Committee to conduct review and review in accordance with Articles 21, 22, 27, 35 of the Trademark Law and Article 23 of these Implementing Rules. Make final decisions and rulings on review matters raised in accordance with the provisions of this Article. Chapter 2 Application for Trademark Registration Article 9 To apply for trademark registration, applications shall be made by category according to the published commodity classification table. Each trademark registration application must be submitted to the Trademark Office with a "Trademark Registration Application Form", ten copies of trademark drawings (for color trademarks with designated colors, ten copies of colored drawings should be submitted), and a black and white ink draft.

The trademark pattern must be clear and easy to paste, printed on smooth and durable paper or replaced with a photo. The length and width should be no more than ten centimeters and no less than five centimeters. Article 10 Trademark registration applications and other relevant documents must be filled in with a pen, writing brush or typewriter. The handwriting should be neat and clear.

The name and seal of the trademark registration applicant shall be consistent with the approved or registered name. The declared commodities shall not exceed the approved or registered business scope. The product name should be filled in according to the product classification table; if the product name is not included in the product classification table, a product description should be attached. Article 11 When applying for registration of a drug trademark, the applicant shall attach the "Pharmaceutical Manufacturing Enterprise License" or "Drug Trading Enterprise License" issued by the health administrative department.

When applying for trademark registration of cigarettes, cigars and packaged cut tobacco, documents proving production approval by the national tobacco authority should be attached.

Applying for trademark registration of other goods for which the state stipulates that registered trademarks must be used must be accompanied by approval documents from the relevant competent authorities. Article 12 The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled in in accordance with regulations, an application number will be assigned; if the application procedures are incomplete or the application documents are not filled in in accordance with regulations, the application will be returned and the application date will not be retained. Article 13 If two or more applicants apply for registration of identical or similar trademarks on the same goods or similar goods on the same day, each applicant shall submit the second application as scheduled in accordance with the notice of the Trademark Office. Proof of the date the mark was first used. If the application is used on the same day or neither is used, each applicant shall negotiate. If an agreement cannot be reached within 30 days, the Trademark Office shall make a decision.

Article 14 When foreigners or foreign enterprises apply for trademark registration or other trademark matters, they must use Chinese characters and submit a power of attorney. The power of attorney for the agent shall state the authority of the agent and the nationality of the principal.

The notarization and authentication procedures for the agent’s power of attorney and relevant certificates shall be handled in accordance with the principle of reciprocity. Foreign language documents should be accompanied by Chinese translations. Article 15 The Trademark Office accepts applications for trademark registration and requests for priority. Specific procedures shall be handled in accordance with the regulations promulgated by the State Administration for Industry and Commerce. Chapter 3 Examination of Trademark Registration Article 16 The Trademark Office shall examine the application for assigning an application number and publish the preliminary approved trademark in the Trademark Announcement; if the application is rejected, a rejection notice will be issued to the applicant and a copy will be sent to the applicant. Turn the machine. Article 17 When applying for review of a rejected trademark, the applicant shall, within 15 days from the date of receipt of the rejection notice, send an "Application for Rejection of Trademark Review" to the Trademark Review and Adjudication Board to apply for review, and at the same time attach the original "Trademark Review Application Form" Registration Application", ten copies of the original trademark drawing, one black and white ink draft and a rejection notice, and send a copy of the "Rejection of Trademark Review Application" to the verification and transfer authority.

The Trademark Review and Adjudication Board will make a final decision, notify the applicant in writing, and send a copy to the verification and transfer authority. Trademarks that are subject to preliminary approval by the final decision will be transferred to the Trademark Office for processing.