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Regulations on the Implementation of the Trademark Law of the People's Republic of China (2014 Revision)

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 If a trademark holder applies for well-known trademark protection in accordance with Article 13 of the Trademark Law, he shall submit evidence proving that his trademark constitutes a well-known trademark. The Trademark Office and the Trademark Review and Adjudication Board shall, in accordance with Article 14 of the Trademark Law, determine the well-known status of a trademark based on the needs of reviewing and handling cases and the evidence materials submitted by the parties. Article 4 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 5 When a party entrusts a trademark agency 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 the power of attorney for foreigners or foreign enterprises and related certification documents shall be handled in accordance with the principle of reciprocity.

When applying for trademark registration or transfer of a trademark, if the trademark registration applicant or trademark transfer transferee is a foreigner or foreign enterprise, a recipient in China shall be designated in the application to be responsible for receiving the successors of the Trademark Office and the Trademark Review and Adjudication Board. Legal documents for trademark business. The legal documents of the Trademark Office and the Trademark Review and Adjudication Board's subsequent trademark business are served to the recipients in China.

Foreigners or foreign enterprises as mentioned in Article 18 of the Trademark Law refer to foreigners or foreign enterprises that do not have a habitual residence or business office in China. Article 6: 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 7 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) He or she is a close person of the party or the 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 8: Submitting trademark registration applications and other relevant documents in the form of data messages stipulated in Article 22 of the Trademark Law shall be submitted through the Internet in accordance with the regulations of the Trademark Office or the Trademark Review and Adjudication Board. Article 9 Except for the circumstances stipulated in Article 18 of these Regulations, the date when the party submits documents or materials to the Trademark Office or the Trademark Review and Adjudication Board. If submitted directly, the date of submission shall prevail; if it is mailed, the date of the postmark shall be the date of submission. If the postmark 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. If submitted through an express delivery company other than a postal enterprise, the date of receipt and delivery by the express delivery company shall prevail; if the date of receipt and delivery is unclear, the actual receipt date by the Trademark Office or the Trademark Review and Adjudication Board shall prevail, but the party concerned can provide evidence of the actual receipt and delivery date. except. If submitted in the form of data message, the date of entry into the electronic system of the Trademark Office or Trademark Review and Adjudication Board shall prevail.

When parties mail documents to the Trademark Office or the Trademark Review and Adjudication Board, they shall use receipt mail.

The parties submit documents to the Trademark Office or the Trademark Review and Adjudication Board. If they are submitted in writing, the files and records kept by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; if they are submitted in the form of data messages, the documents shall be submitted by the Trademark Office or the Trademark Review and Adjudication Board. The records in the committee's database shall prevail, unless the party concerned has evidence proving that there are errors in the files and database records of the Trademark Office or the Trademark Review and Adjudication Board. Article 10 Various documents from the Trademark Office or the Trademark Review and Adjudication Board may be delivered to the parties by mail, direct delivery, data messages or other means; if they are served by data messages, the consent of the parties must be obtained. 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 document is issued shall be The document will be deemed to have been delivered to the party within 15 days, unless the party can prove the actual date of receipt; if it is submitted directly, the date of delivery shall prevail; if it is delivered by data message, the document will be deemed to have been delivered to the party within 15 days from the date of issuance. served on the party, unless the party can prove the date on which the document was entered into its electronic system. If the document cannot be served through the above methods, it can be served through an announcement. The document will be deemed to have been served on the party concerned 30 days from the date of the announcement.