No, I will show you the Trademark Law and you will understand. Trademark law is a general term for the legal norms that confirm the exclusive right to use trademarks and stipulate the registration, use, transfer, protection and management of trademarks. Its main role is to strengthen trademark management, protect the exclusive rights to trademarks, encourage producers and operators of goods to ensure the quality of goods and services, maintain the reputation of trademarks, so as to ensure the interests of consumers and promote the development of the socialist market economy.
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council. Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for commodity trademark registration. Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark at the same time, and shall jointly enjoy and exercise the exclusive right to use the trademark. Article 6 Products for which the state stipulates that registered trademarks must be used must apply for trademark registration. Products without approval of registration may not be sold in the market. Article 8 Any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be used as Trademark application for registration. Article 9 The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously obtained by others. Article 11 The following signs shall not be registered as trademarks: (1) Only the common name of the product, Graphics and models; (2) Only directly representing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks. Article 12 When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the goods themselves, the shape of the goods that is necessary to obtain technical effects, or the shape that makes the goods of substantial value shall not be registered. Article 13 If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited. Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited. Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the trademark and misleads the public, it shall not be registered and shall be prohibited from use; however, if the trademark has been registered in good faith, it shall continue to be valid. The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or humanistic factors of the region. Article 20 If a trademark registration applicant applies to register the same trademark on different categories of goods, he shall submit a registration application according to the commodity classification table. Article 21 If a registered trademark needs to be used on other goods of the same category, a separate application for registration shall be submitted. Article 22 If a registered trademark needs to change its sign, a new registration application must be submitted. Article 23 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted. Article 25 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods.
Article 26 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete. [Edit this paragraph] Chapter 3 Review and Approval of Trademark Registration Article 27 Any trademark applied for registration that complies with the relevant provisions of this Law shall be initially reviewed and announced by the Trademark Office.
Article 28 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 shall be The Bureau rejected the application and did not make an announcement.
Article 29: If two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the first applicant shall be preliminarily reviewed and announced. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.
Article 30: Anyone may raise an objection to a preliminary approved trademark within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 31: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.
Article 32 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 33: 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 person being opposed, and make a ruling after investigation and verification. If the party concerned is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a ruling and notify the opponent and the opposed party in writing.
If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party.
Article 34 If the party concerned does not apply for review of the ruling made by the Trademark Office within the statutory period or does not file a lawsuit in the People's Court against the ruling made by the Trademark Review and Adjudication Board, the ruling shall take effect.
If the objection is determined to be untenable, 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.
If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary announcement.
Article 35: Applications for trademark registration and trademark review shall be reviewed in a timely manner.
Article 36 If a trademark registration applicant or registrant discovers that there are obvious errors in trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties concerned.
The correction errors referred to in the preceding paragraph do not involve the substantive content of the trademark application documents or registration documents. [Edit this paragraph] Chapter 4 Renewal, Transfer and Use License of Registered Trademarks Article 37 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 38 If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within six months before expiration; if the application is not made during this period, a six-month period may be granted of extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled.
Each renewal of registration is valid for ten years.
After the registration renewal is approved, it will be announced.
Article 39 When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 40 A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.
The trademark license contract shall be reported to the Trademark Office for filing. [Edit this paragraph] Chapter 5 Ruling on Disputes over Registered Trademarks Article 41 A registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is used by deceptive means or other unfair means. If registration is obtained by legitimate means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.
If a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, within five years from the date of trademark registration, the trademark owner shall Or an interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
Except for the circumstances specified in the preceding two paragraphs, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date of approval of registration of the trademark.
After receiving the ruling application, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a defense within a time limit.
Article 42: For a trademark that has been opposed and adjudicated before registration is approved, no further application for adjudication is allowed based on the same facts and reasons.
Article 43 After the Trademark Review and Adjudication Board makes a ruling to maintain or cancel a registered trademark, it shall notify the relevant parties in writing.
If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party. [Edit this paragraph] Chapter 6 Management of Trademark Use Article 44 Anyone who uses a registered trademark and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit:
(1) Changing the registered trademark on one's own initiative;
(2) Changing the name, address or other registration information of the registered trademark on one's own initiative;
(3) Transferring the registered trademark on one's own initiative;
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(4) Stopped from use for three consecutive years.
Article 45 If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administration departments at all levels will order corrections within a time limit based on different circumstances, and may notify or A fine may be imposed, or the registered trademark may be revoked by the Trademark Office.
Article 46 If a registered trademark is revoked or is not renewed upon expiration, within one year from the date of cancellation or cancellation, the Trademark Office shall apply for registration of a trademark that is identical or similar to the trademark. Not approved.
Article 47 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit and may be fined.
Article 48: Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local industrial and commercial administration department, rectified within a time limit, and may be notified or fined:
(1) Counterfeiting a registered trademark;
(2) Violating the provisions of Article 10 of this Law;
(3) Making shoddy goods, passing them off as good ones, and deceiving consumers.
Article 49 If the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision. , and notify the applicant in writing.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 50 If the party concerned is dissatisfied with the fine decision made by the industrial and commercial administrative department in accordance with the provisions of Articles 45, 47 and 48 of this Law, he may voluntarily Within 15 days from the date of receipt of the notice, a lawsuit shall be filed in the People's Court; if the party fails to file a lawsuit and fails to perform within the time limit, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory enforcement. [Edit this paragraph] Chapter 7 Protection of the Exclusive Rights of Registered Trademarks Article 51 The exclusive right of registered trademarks is limited to the trademarks approved for registration and the goods approved for use.
Article 52: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:
(1) Without the permission of the trademark registrant, the same kind of goods or Using a trademark that is the same as or similar to its registered trademark on similar goods;
(2) Selling goods that infringe the exclusive rights of a registered trademark;
(3) Counterfeiting or making without authorization registered by others Trademark signs or selling counterfeit or unauthorized registered trademark signs;
(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;
(5) Causing other damage to the exclusive right to use registered trademarks of others.
Article 53 If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 52 of this Law causes a dispute, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registration The person or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle the matter. When the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose a fine. If the party concerned is dissatisfied with the handling decision, he may file a lawsuit with the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or perform the duties upon expiration of the time limit, the industrial and commercial administration shall The department may apply to the People's Court for compulsory enforcement. The industrial and commercial administrative department handling the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 54: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.
Article 55: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing acts suspected of infringing upon the exclusive rights of others to register trademarks based on obtained evidence of suspected violations or reports:
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(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;
(2) Review and copy the contracts, invoices, account books and records of the parties related to the infringing activities. Other relevant information;
(3) Conduct on-site inspections of places where the parties are suspected of engaging in activities that infringe on the exclusive rights of registered trademarks of others;
(4) Inspect items related to infringing activities; If there is evidence that an item infringes upon the exclusive rights of another person's registered trademark, it may be sealed or seized.
When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
Article 56 The amount of compensation for infringement of trademark exclusive rights shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including Reasonable expenses paid by the infringer to stop the infringement.
If the benefits gained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.
Article 57 If a trademark registrant or interested party has evidence that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, if it is not stopped in time, their legitimate rights and interests will be jeopardized. If the damage is to be compensated, the person may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit.
When the people's court handles the application in the preceding paragraph, it shall apply the provisions of Articles 93 to 96 and 99 of the "Civil Procedure Law of the People's Republic of China".
Article 58: In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the People's Court for the preservation of evidence before filing a lawsuit.
After accepting the application, the people's court must make a ruling within 48 hours; if it decides to take preservation measures, it should begin implementation immediately.
The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected.
If the applicant does not file a lawsuit within fifteen days after the People’s Court takes preservation measures, the People’s Court shall terminate the preservation measures.
Article 59 If the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.
If a person forges or manufactures a registered trademark of another person without authorization or sells a forged or unauthorized registered trademark, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.
Whoever knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for their losses, he will also be held criminally responsible in accordance with the law.
Article 60: State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner.
Trademark Office, Trademark Review and Adjudication Board and state agency staff engaged in trademark registration, management and review are not allowed to engage in trademark agency business and commodity production and operation activities.
Article 61 The industrial and commercial administrative department shall establish and improve an internal supervision system to supervise the implementation of laws, administrative regulations and compliance with disciplines by state agency staff responsible for trademark registration, management and review. examine.
Article 62: State agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, handle trademark registration, management and review matters illegally, accept property from parties, and seek unreasonable gains. If a legitimate interest constitutes a crime, criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law. [Edit this paragraph] Chapter 8 Supplementary Provisions Article 63 When applying for trademark registration and handling other trademark matters, fees must be paid, and the specific fee standards will be determined separately.
Article 64 This Law shall come into effect on March 1, 1983. The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be abolished at the same time; other provisions related to trademark management that conflict with this Law shall be invalid at the same time.
Trademarks that have been registered before the implementation of this law will continue to be valid.
Basic Principles of Trademark Law
Basic Principles of Trademark Law
The basic principles of the Trademark Law mean that in the process of establishing and protecting trademark rights, Basic guidelines to follow. my country's Trademark Law has the following six basic principles:
1. Registration Principles
Registration is a process of confirming the ownership of the exclusive right to trademark. There are two basic principles adopted by the trademark laws of various countries in the world to confirm the exclusive right of trademarks, one is the registration principle, and the other is the use principle. The so-called registration principle means that the exclusive right to trademark is obtained through registration. Regardless of whether the trademark is used or not, as long as it complies with the provisions of the Trademark Law and is approved and registered by the trademark authority, the applicant will obtain the exclusive right to the trademark and be protected by law. The principle of use means that trademarks can generate rights through use. According to this principle, the first user can obtain the exclusive right to use a trademark. Article 3 of my country’s Trademark Law stipulates: “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.” It can be seen that my country’s Trademark Law adopts the registration principle.
2. First to apply principle
The first to apply principle is one of the important procedural principles derived from the registration principle. Since the exclusive right of a trademark is generated based on registration, and there is not always one person applying for registration of the same or similar trademark on the same or similar goods, then the time of submission of the application will determine who owns the exclusive right to the trademark. Whoever owns it is an effective method. Therefore, Article 18 of the Trademark Law stipulates: “If two or more applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the applicant who applied first shall be preliminarily reviewed and announced. trademark". This is the first-to-apply principle. According to this principle, even if a trademark has been used for many years, if you do not apply for registration in time, you will lose the opportunity to register because someone else applied first, and you will not get the exclusive right to the trademark. Of course, there are times when the first-to-file principle does not work. When two or more trademarks apply for registration on the same day, other methods must be used to determine the ownership of the exclusive rights. Therefore, Article 18 also stipulates that “if applications are made on the same day, the trademark previously used will be initially reviewed and announced, and applications from others will be rejected and will not be announced.
"This shows that on the premise of adopting the principle of first to apply, we also use first to use as an appropriate supplement.
3. Principle of good faith
The principle of good faith is a civil law A basic principle in the field, its legal expression is stipulated in Article 4 of the General Principles of Civil Law: “Civil activities shall follow the principle of good faith... ”
The principle of good faith requires that civil subjects in civil activities maintain a balance of interests between the parties, as well as a balance between the interests of the parties and social interests. In the interest relationship between the parties, honesty The principle of credit requires respecting the interests of others and treating other people's affairs as if they were one's own, so as to ensure that all parties involved in a legal relationship can obtain the benefits they deserve, and not to benefit oneself at the expense of others. When special circumstances occur that make the interest relationship between the parties unbalanced, Adjustments should be made to restore the balance of interests, thereby maintaining a certain social and economic order. In the relationship between the interests of the parties and society, the principle of good faith requires that the parties must not harm the interests of third parties and society through their civil activities. They must exercise their rights within the legal scope of their rights and in a manner consistent with their social and economic purposes.
Although the current Trademark Law does not explicitly use the concept of "good faith", it does not regulate the establishment and exercise of trademark rights. The basic spirit of the principle of good faith is reflected in many provisions on trademark protection and protection, such as Articles 6, 31 and 34 of the Trademark Law on “preventing acts that deceive consumers”; Paragraph (8) of Article stipulates that "exaggerated publicity and deceptive" words or graphics shall not be used as trademark registration; Article 27 regarding "obtaining registration by deception or other unfair means" The provisions of Articles 38, 39, and 40 on the penalties for "infringement of the exclusive right to use a registered trademark" all reflect the spirit of the principle of good faith and the 25th Implementing Rules of the Trademark Law. The article clearly explains the behavior of "violating the principle of good faith and registering others' trademarks that are already well-known to the public by copying, imitating, translating, etc." as falling within Article 27, Paragraph 1 of the Trademark Law It can be seen that the principle of good faith plays an important role in the Trademark Law as a basic principle in the entire field of civil law, although we have not regarded it as a theoretical basis in the past. Due attention is given to a basic principle of the Trademark Law, but in practical activities such as the establishment, management and protection of trademark rights, we actually follow it as a basic principle.
< p>4. Principle of voluntary registrationThe so-called "principle of voluntary registration" means that whether or not to register a trademark used by an enterprise is completely decided by the enterprise. Article 4 of the "Trademark Law" stipulates that enterprises and institutions must decide whether to register a trademark. Individual industrial and commercial enterprises that need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute, or for the services they provide, must apply to the Trademark Office for product trademark or service trademark registration. If the enterprise does not need it. If you do not intend to obtain the exclusive right to use the trademark for the time being, you do not need to register it. The registered trademark is allowed to be used, but the user does not have the exclusive right and cannot prohibit others from using it.
Strictly speaking, what is implemented in our country is not pure. On the premise of the principle of voluntary registration, the principle of compulsory registration is still implemented for trademarks of a very small number of goods. Article 5 of the "Trademark Law" stipulates: "Products that must use registered trademarks stipulated by the state must apply for trademark registration. Without approved registration, they may not be sold in the market." Article 7 of the "Trademark Law Implementing Rules" further stipulates: "The State It is stipulated that human medicines and tobacco products announced by the State Administration for Industry and Commerce must use registered trademarks. "Compulsory registration for some products that are closely related to people's health is a feature of my country's Trademark Law.
5. Principles of centralized registration and hierarchical management
Centralized registration and hierarchical management are one of the outstanding features of my country’s trademark legal system. According to the characteristics of the market economy and trademarks themselves, trademark registration should break the division between departments and regions, and the Trademark Office should be responsible for the review, approval and registration of trademarks. To this end, Article 2 of the Trademark Law stipulates: “The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration and management of trademarks nationwide.
"This determines that the Trademark Office of the State Administration for Industry and Commerce is responsible for handling trademark registration nationwide, and no other agency has the right to handle trademark registration, clarifying the principle of centralized registration. Hierarchical management refers to the industrial and commercial administration agencies at all levels. In accordance with legal provisions, the implementation of hierarchical management of trademark management in this region is conducive to closely integrating trademark management with local actual conditions and making trademark administrative work regular and institutionalized. 1. Free trademark inquiry: 2. .Trademark Law of the People's Republic of China 3. /tools/soft/cppun.rar