"Regulations on the Implementation of the Trademark Law of the People's Republic of China"

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 the provisions of Article 14 of the Trademark Law, determine the well-known status of a trademark based on the needs of reviewing and handling the case and the evidence materials submitted by the parties.

Article 4 The geographical indications stipulated 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 the use of 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 a foreigner's or foreign enterprise's power of attorney 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 the trademark transfer transferee is a foreigner or a foreign enterprise, a recipient in China shall be designated in the application to be responsible for receiving the legal documents of the trademark office and the Trademark Review and Adjudication Board's subsequent 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.

The term "foreigners or foreign enterprises" as mentioned in Article 18 of the Trademark Law refers 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 is a party or a close relative of a party or agent;

(2) Having other relationships with parties or agents that may affect fairness;

(3) Having an interest in applying for trademark registration or handling other trademark matters.

Article 8 Submission of 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 provisions 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 it is 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 a party mails documents to the Trademark Office or the Trademark Review and Adjudication Board, it shall use receipt mail.

When a party submits documents to the Trademark Office or the Trademark Review and Adjudication Board, if it is submitted in writing, the archives and records kept by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; if it is submitted in the form of data message, the database records of the Trademark Office or the Trademark Review and Adjudication Board shall prevail. However, This exception shall be made 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, it shall be deemed to have been delivered 15 days from the date of issuance of the document. reaches the party concerned, except where 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, it shall be deemed to have been served on the party 15 days from the date of issuance of the document, but the party can Exceptions are made to certify the date 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.

Article 11 The following periods are not included in the trademark review and trial period:

(1) The period during which documents from the Trademark Office and the Trademark Review and Adjudication Board are announced;

(2) The period during which the parties need to supplement evidence or correct documents and the period during which a new defense is required due to a change of parties;

(3) The period required for submission of evidence of use and negotiation and drawing of lots when applying on the same day;

(4) The period of waiting for the priority to be determined;

(5) During the review and trial process, the period of waiting for the trial results of prior rights cases at the request of the case applicant.

Article 12 Except for the circumstances specified in paragraph 2 of this article, the day on which the various time periods specified in the Trademark Law and these Regulations begin shall not be counted within the time limit. If the time limit is calculated in years or months, the corresponding day of the last month of the time limit shall be the expiration date of the time limit; if there is no corresponding day in that month, the last day of the month shall be the expiration date of the time limit; if the expiration date of the time limit is a holiday, the expiry date of the time limit shall be the day after the holiday. The first working day is the expiry date.

The validity period of a registered trademark stipulated in Articles 39 and 40 of the Trademark Law shall be calculated from the legal date. The day before the corresponding day in the last month of the period shall be the expiration date. If there is no corresponding day in that month, the expiration date shall be the day on the last day of the month. date is the expiry date.

Article 13 When applying for trademark registration, the application shall be completed in accordance with the published commodity and service classification table. For each trademark registration application, one copy of the "Application for Trademark Registration" and one copy of the trademark pattern must be submitted to the Trademark Office; if applying for trademark registration with a color combination or colored pattern, the colored pattern must be submitted, and a black and white draft must be submitted; if it is not specified, For colors, black and white drawings should be submitted.

The trademark image should be clear and easy to paste. It should be printed on smooth and durable paper or replaced with a photo. The length and width should be no more than 10 cm and no less than 5 cm.

If you apply for trademark registration with a three-dimensional mark, you should make a statement in the application, explain how the trademark is used, and submit a drawing that can determine the three-dimensional shape. The submitted trademark drawing should include at least three views.

If applying for trademark registration based on a color combination, a statement must be made in the application form to explain how the trademark is used.

If you apply for trademark registration with a sound mark, you should declare it in the application, submit a sound sample that meets the requirements, describe the sound mark applied for registration, and explain how to use the mark. To describe a sound trademark, the sound applied for use as a trademark should be described in staff or simplified musical notation and attached with a text explanation; if it cannot be described in staff or simplified musical notation, it should be described in words; the trademark description and the sound sample should be consistent.

When applying for registration of a collective trademark or certification mark, a statement must be made in the application form, and documents proving the subject's qualifications and usage management rules must be submitted.

If the trademark is in a foreign language or contains a foreign language, the meaning shall be explained.

Article 14 When applying for trademark registration, the applicant shall submit his or her identity documents. The name of the trademark registration applicant shall be consistent with the supporting documents submitted.

The provisions of the preceding paragraph regarding the applicant's submission of identity documents shall apply to other trademark matters such as changes, transfers, renewals, objections, and cancellations submitted to the Trademark Office.

Article 15 The name of the commodity or service item shall be filled in according to the category number and name in the commodity and service classification table; if the name of the commodity or service item is not included in the commodity and service classification table, a description of the commodity or service shall be attached.

If trademark registration applications and other relevant documents are submitted in paper form, they shall be typed or printed.

The provisions of Paragraph 2 of this Article shall apply to handling other trademark matters.

Article 16 When jointly applying to register the same trademark or handling other jointly owned trademark matters, a representative shall be designated in the application; if there is no designated representative, the first person listed in order in the application shall be the representative.

Documents from the Trademark Office and the Trademark Review and Adjudication Board shall be delivered to the representative.

Article 17 If the applicant changes its name, address, agent, document recipient, or deletes the designated goods, it shall go through the change procedures with the Trademark Office.

If the applicant transfers his trademark registration application, he shall go through the transfer procedures with the Trademark Office.

Article 18 The application date for trademark registration shall be the date when the Trademark Office receives the application documents.

If the application procedures for trademark registration are complete and the application documents are filled in and the fees are paid in accordance with the regulations, the Trademark Office will accept the application and notify the applicant in writing; if the application procedures are incomplete, the application documents are not filled in in accordance with the regulations or the fees are not paid, the Trademark Office will not accept the application and notify the applicant in writing. Notify the applicant and state the reasons. If the application procedures are basically complete or the application documents are basically in compliance with the regulations, but if they need to be supplemented or corrected, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall make corrections according to the specified content and return them to the Trademark Office within 30 days from the date of receipt of the notice. If corrections are made and returned to the Trademark Office within the prescribed time limit, the application date will be retained; if corrections are not made within the time limit or corrections are not made as required, the Trademark Office will not accept the application and notify the applicant in writing.

The provisions on acceptance conditions in Paragraph 2 of this Article shall apply to other trademark matters.

Article 19 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 apply for registration from the date of receipt of the notice from the Trademark Office. Submit evidence of prior use of the trademark before applying for registration within 30 days. If they are used on the same day or are not used at all, each applicant can negotiate on their own within 30 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office; if they are unwilling to negotiate or the negotiation fails, the Trademark Office will notify each applicant to One applicant is determined by drawing lots, and other registration applications are rejected. If the Trademark Office has notified the applicant but does not participate in the lottery, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing that did not participate in the lottery.

Article 20 If priority is claimed in accordance with Article 25 of the Trademark Law, the copy of the first trademark registration application document submitted by the applicant shall be certified by the trademark authority that accepted the application, and shall indicate the date of application and the date of application. Number.

Article 21 The Trademark Office shall examine the trademark registration applications accepted in accordance with the relevant provisions of the Trademark Law and these Regulations. If the registration application meets the provisions or the trademark is used on some designated goods, it shall make a preliminary review and approve the application. Announcement; if the registration application for trademark use on some designated goods does not comply with the regulations, the application shall be rejected or the registration application for use of the trademark on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated.

Article 22 If the Trademark Office rejects a trademark registration application on some designated goods, the applicant may divide the preliminary application in the application into another application, and the divided application shall retain the original application. date.

If division is required, the applicant shall submit a division application to the Trademark Office within 15 days from the date of receipt of the Trademark Office's "Notice of Partial Rejection of Trademark Registration Application".

After receiving the division application, the Trademark Office shall divide the original application into two pieces, generate a new application number for the divided preliminary examination application, and make an announcement.

Article 23 According to the provisions of Article 29 of the Trademark Law, if the Trademark Office believes that the contents of the trademark registration application need to be explained or amended, the applicant shall make explanations or amendments within 15 days from the date of receipt of the notice from the Trademark Office.

Article 24 If an objection is raised against a trademark that has been preliminarily reviewed and announced by the Trademark Office, the opponent shall submit the following trademark objection materials to the Trademark Office in duplicate and mark the original and copy:

(1) Trademark opposition application form;

(2) The identity certificate of the opponent;

(3) Violating the provisions of Paragraph 2 and Paragraph 3 of Article 13, Paragraph 1 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of the Trademark Law If an objection is raised, the opponent must prove that he is a prior right holder or an interested party.

The trademark opposition application should have clear requests and factual basis, and should be accompanied by relevant evidence materials.

Article 25 After receiving the trademark opposition application, the Trademark Office shall, after review, accept the application and issue an acceptance notice to the applicant if it meets the acceptance conditions.

Article 26 If a trademark opposition application falls into the following circumstances, the Trademark Office will not accept it and will notify the applicant in writing and explain the reasons:

(1) Failure to submit within the statutory time limit;

(2) The applicant’s subject qualifications and reasons for objection do not comply with Article 33 of the Trademark Law;

(3) There are no clear reasons, facts and legal basis for the objection;

(4) The same opponent files another objection application against the same trademark based on the same reasons, facts and legal basis.

Article 27 The Trademark Office shall promptly send a copy of the trademark opposition materials to the party being opposed, and the party shall respond within 30 days from the date of receipt of the copy of the trademark opposition materials. If the respondent fails to respond, it will not affect the decision of the Trademark Office.

If the party needs to supplement relevant evidence materials after filing an opposition application or defense, it shall declare it in the trademark opposition application or defense, and submit it within 3 months from the date of submission of the trademark opposition application or defense; if it is not submitted within the time limit, , it shall be deemed that the party concerned has given up supplementing relevant evidence materials. However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, if it is submitted after the expiration of the period, the Trademark Office may accept the evidence after handing it over to the other party and cross-examining it.

Article 28 The decision not to grant registration referred to in Paragraph 3 of Article 35 and Paragraph 1 of Article 36 of the Trademark Law includes decisions not to grant registration on some designated goods.

If the registration announcement of the opposed trademark has been published before the Trademark Office makes a decision to approve registration or disapprove registration, the registration announcement shall be revoked. If the objection is not established and the registration is approved, it will be re-announced after the decision to approve the registration takes effect.

Article 29 If a trademark registration applicant or trademark registrant files a correction application in accordance with Article 38 of the Trademark Law, he or she shall submit a correction application to the Trademark Office. If the correction conditions are met, the Trademark Office will correct the relevant content after approval; if the correction conditions are not met, the Trademark Office will not approve the application and notify the applicant in writing and explain the reasons.

If a trademark for which a preliminary approval announcement or registration announcement has been published is corrected, a correction announcement shall be published.

Article 30 If a trademark registrant's name, address or other registration information is changed, a change application shall be submitted to the Trademark Office. If the name of the trademark registrant is changed, a change certification document issued by the relevant registration authority must also be submitted. If the Trademark Office approves the application, it shall issue corresponding certificates to the trademark registrant and make an announcement; if it disapproves the application, it shall notify the applicant in writing and explain the reasons.

If the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks together; if the changes are not made together, the Trademark Office will notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it will be deemed to have given up the change application, and the Trademark Office will The applicant shall be notified in writing.

Article 31 When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled jointly by the transferor and the transferee. If the Trademark Office approves the application for transfer of a registered trademark, it will issue a corresponding certificate to the transferee and make an announcement.

When transferring a registered trademark, if the trademark registrant fails to transfer the same or similar trademark registered on the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a time limit; if the trademark registrant fails to make corrections within the time limit, it shall be deemed to have given up the transfer of the registered trademark. For an application, the Trademark Office shall notify the applicant in writing.

Article 32 If the exclusive right to use a registered trademark is transferred due to inheritance or other reasons other than transfer, the party accepting the exclusive right to use the registered trademark shall go to the Trademark Office to handle the transfer procedures of the exclusive right to use the registered trademark with relevant certification documents or legal documents.

When the exclusive right to a registered trademark is transferred, the same or similar trademarks registered by the holder of the exclusive right to the registered trademark on the same or similar goods shall be transferred together; if they are not transferred together, the Trademark Office shall notify the trademark owner to make corrections within a time limit; If no correction is made, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

If the trademark transfer application is approved, it will be announced. The party that accepts the transfer of the exclusive right to use a registered trademark shall enjoy the exclusive right to use the trademark from the date of announcement.

Article 33 If a registered trademark needs to be renewed, an application for trademark renewal registration shall be submitted to the Trademark Office. If the Trademark Office approves the application for trademark registration renewal, it will issue the corresponding certificate and make an announcement.

Article 34 The international registration of trademarks as stipulated in Article 21 of the Trademark Law refers to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement) and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Protocol). and Madrid international registration of trademarks handled in accordance with the provisions of the "Common Implementing Regulations of the Madrid Agreement on the International Registration of Marks and the Relevant Protocols to the Agreement".

Madrid trademark international registration applications include trademark international registration applications with China as the country of origin, territorial extension applications designating China and other related applications.

Article 35 Anyone who applies for international registration of a trademark with China as the country of origin must have a real and effective business office in China, or have a residence in China, or have Chinese nationality.

Article 36 An applicant who meets the requirements of Article 35 of these Regulations and whose trademark has been registered with the Trademark Office may apply for international registration of the trademark in accordance with the Madrid Agreement.

Applicants who comply with the provisions of Article 35 of these Regulations and whose trademarks have been registered with the Trademark Office, or have submitted a trademark registration application to the Trademark Office and been accepted, may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 37 If you apply for international registration of a trademark with China as the country of origin, you must apply to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) through the Trademark Office.

If China is the country of origin, the subsequent designation, abandonment and cancellation of the international trademark registration related to the Madrid Agreement shall be applied to the International Bureau through the Trademark Office; the transfer, deletion, modification and renewal of the international trademark registration related to the Madrid Agreement shall be handled through the Trademark Office. To apply for an exhibition, you can apply to the International Bureau through the Trademark Office, or you can apply directly to the International Bureau.

With China as the country of origin, the subsequent designation, transfer, abridgement, abandonment, cancellation, change, and renewal of international trademark registrations related to the Madrid Protocol can be applied to the International Bureau through the Trademark Office, or directly to the International Bureau. handle.

Article 38 When applying for international trademark registration and other related applications to the International Bureau through the Trademark Office, an application form and related materials that meet the requirements of the International Bureau and the Trademark Office shall be submitted.

Article 39 The goods or services specified in an application for international trademark registration shall not exceed the scope of goods or services included in the domestic basic application or basic registration.

Article 40 If the application procedures for international trademark registration are incomplete or the application form is not filled in in accordance with regulations, the Trademark Office will not accept the application and the application date will not be retained.

If the application procedures are basically complete or the application is basically in compliance with the regulations, but if supplements and corrections are needed, the applicant shall make supplements and corrections within 30 days from the date of receipt of the notice of supplements and corrections. If no supplements and corrections are made within the time limit, the Trademark Office will not accept the application and notify the applicant in writing.

Article 41 When applying for international trademark registration and other related applications through the Trademark Office to the International Bureau, fees must be paid in accordance with regulations.

The applicant shall pay the fees to the Trademark Office within 15 days from the date of receipt of the Trademark Office payment notice. If payment is not made within the time limit, the Trademark Office will not accept the application and will notify the applicant in writing.

Article 42 The Trademark Office shall, within the rejection period stipulated in the Madrid Agreement or the Madrid Protocol (hereinafter referred to as the rejection period), examine the application for territorial extension designated by China in accordance with the relevant provisions of the Trademark Law and these Regulations, make a decision, and notify the International bureau. If the Trademark Office fails to issue a notice of rejection or partial rejection within the rejection period, the application for territorial extension shall be deemed to be approved.

Article 43 If an applicant for territorial extension of China requests to protect a three-dimensional mark, color combination, or sound mark as a trademark, or claims to protect a collective mark or certification mark, 3 Within months, the relevant materials specified in Article 13 of these Regulations shall be submitted to the Trademark Office through the trademark agency established in accordance with the law. If relevant materials are not submitted within the above time limit, the Trademark Office will reject the application for territorial extension.

Article 44 The World Intellectual Property Organization announces matters related to the international registration of trademarks, and the Trademark Office will not make separate announcements.

Article 45 For an application for territorial extension that designates China, within 3 months from the 1st of the month following the publication of the World Intellectual Property Organization's "International Trademark Announcement", the opponent who meets the conditions specified in Article 33 of the Trademark Law may apply to the Trademark Law. The Trademark Office files an opposition application.

Within the rejection period, the Trademark Office will notify the International Bureau of the relevant circumstances of the opposition application in the form of a rejection decision.

The opposed party may make a defense within 30 days from the date of receipt of the rejection notice forwarded by the International Bureau. The defense letter and relevant evidence materials shall be submitted to the Trademark Office through a legally established trademark agency.

Article 46 The validity period of an internationally registered trademark protected in China starts from the date of international registration or a later designated date. Before the expiration of the validity period, the registrant may apply to the International Bureau for renewal. If the registrant does not apply for renewal within the validity period, a 6-month extension period may be granted. After receiving the renewal notice from the International Bureau, the Trademark Office will conduct an examination in accordance with the law. If the International Bureau notifies that the trademark has not been renewed, the internationally registered trademark will be cancelled.

Article 47 When applying for transfer of a territorial extension designated by China, the transferee shall have a real and effective business office in the territory of the Contracting Party, or have a residence in the territory of the Contracting Party, or be a national of the Contracting Party.

If the transferor fails to transfer its identical or similar trademarks on the same or similar goods or services, the Trademark Office shall notify the registrant to make corrections within 3 months from the date of issuance of the notice; if the transfer is not made or the transfer is likely to cause confusion or If there are other adverse effects, the Trademark Office will decide that the transfer is invalid in China and make a statement to the International Bureau.

Article 48 If an application for territorial extension of designated China is processed for deletion, and the deleted goods or services do not meet China’s relevant goods or service classification requirements or exceed the scope of the originally designated goods or services, the deletion made by the Trademark Office will be invalid in China. decision and make a declaration to the International Bureau.

Article 49: To apply for cancellation of an internationally registered trademark in accordance with Paragraph 2 of Article 49 of the Trademark Law, the application shall be filed with the Trademark Office 3 years after the expiration of the time limit for rejection of the international registration application for the trademark; upon expiration of the time limit for rejection, If the application is still in the process of rejection review or objection, an application shall be submitted to the Trademark Office 3 years after the Trademark Office or the Trademark Review and Adjudication Board’s decision to approve registration takes effect.

If you apply to declare an internationally registered trademark invalid in accordance with the provisions of Article 44, Paragraph 1 of the Trademark Law, you must file an application with the Trademark Review and Adjudication Board after the expiration of the rejection period for the international registration application; when the rejection period expires, you are still in the process of rejection review or objection. If there are relevant procedures, an application shall be submitted to the Trademark Review and Adjudication Board after the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board takes effect.

If an applicant applies to declare an internationally registered trademark invalid in accordance with the provisions of Article 45, Paragraph 1 of the Trademark Law, an application shall be submitted to the Trademark Review and Adjudication Board within 5 years from the expiration date of the rejection period for the international registration application; If the relevant procedures for review or objection are rejected, an application must be submitted to the Trademark Review and Adjudication Board within 5 years from the effective date of the decision to approve registration made by the Trademark Office or the Trademark Review and Adjudication Board. For cases registered in bad faith, the owner of a well-known trademark is not subject to the 5-year time limit.

Article 50 The provisions of the following provisions of the Trademark Law and these Regulations shall not apply to matters related to the international registration of trademarks:

(1) The provisions of Article 28 and Paragraph 1 of Article 35 of the Trademark Law regarding the time limit for examination and trial;

(2) Paragraph 2 of Article 22 and Article 30 of these Regulations;

(3) Article 42 of the Trademark Law and Article 31 of these Regulations stipulate that trademark transfer must be applied for and completed by the transferor and the transferee jointly.

Trademark review and review means that the Trademark Review and Review Committee hears relevant trademark disputes in accordance with the provisions of Articles 34 , 35, 44, 45 and 54 of the Trademark Law. matters. When a party submits a trademark review application to the Trademark Review and Adjudication Board, it shall have clear requests, facts, reasons and legal basis, and provide corresponding evidence.

The Trademark Review and Adjudication Board conducts reviews based on facts and in accordance with the law.

Article 52 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to reject a trademark registration application, it shall review the Trademark Office's decision to reject the decision and the facts, reasons, and requests of the applicant for review, as well as the factual status at the time of review.

The Trademark Review and Adjudication Board heard a review case that was dissatisfied with the Trademark Office's decision to reject a trademark registration application and found that the trademark applied for registration violated the provisions of Articles 10, 11, 12 and 16, Paragraph 1 of the Trademark Law. If the Bureau has not made a decision to reject the application in accordance with the above provisions, it may make a review decision to reject the application in accordance with the above provisions. The Trademark Review and Adjudication Board shall listen to the applicant's opinions before making a review decision.

Article 53 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office’s decision not to grant registration, it shall review the Trademark Office’s decision not to grant registration, the facts, reasons, and requests of the applicant for review, as well as the opinions raised by the original opponent.

When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to deny registration, it shall notify the original opponent to participate and provide opinions. If the original opponent's opinions have a substantial impact on the outcome of the case trial, they can be used as the basis for the review; if the original opponent does not participate or provide opinions, it will not affect the trial of the case.

Article 54 When the Trademark Review and Adjudication Board hears cases involving requests to declare a registered trademark invalid in accordance with Articles 44 and 45 of the Trademark Law, it shall review the facts, reasons and requests of the parties’ applications and defenses.

Article 55 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office’s decision to declare a registered trademark invalid in accordance with Article 44, Paragraph 1 of the Trademark Law, it shall focus on the Trademark Office’s decision and the facts and reasons for the applicant’s application for review. Request a hearing.

Article 56 When the Trademark Review and Adjudication Board hears a review case that is dissatisfied with the Trademark Office's decision to cancel or maintain a registered trademark in accordance with Article 49 of the Trademark Law, it shall focus on the Trademark Office's decision to cancel or maintain a registered trademark and the basis for the party's application for review. The facts, reasons and requests will be heard.

Article 57 To apply for trademark review, an application form shall be submitted to the Trademark Review and Adjudication Board, and a corresponding number of copies shall be submitted according to the number of counterparties; if an application for review is based on the Trademark Office’s decision, the Trademark Office’s decision shall also be attached. copy.

After the Trademark Review and Adjudication Board receives the application, it will accept it after examination and finds that it meets the acceptance conditions; if it does not meet the acceptance conditions, it will not accept it and notify the applicant in writing and explain the reasons; if it needs to be supplemented or corrected, it will notify the applicant that it will start from the date of receipt of the notification. Make corrections within 30 days. If the application is still not in compliance with the regulations after making corrections, the Trademark Review and Adjudication Board will not accept the application and notify the applicant in writing and explain the reasons; if no corrections are made within the time limit, the application will be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

After the Trademark Review and Adjudication Board accepts a trademark review application and finds that it does not meet the acceptance conditions, it will reject it and notify the applicant in writing and explain the reasons.

Article 58 After accepting an application for trademark review and review, the Trademark Review and Adjudication Board shall promptly send a copy of the application to the other party, who shall respond within 30 days from the date of receipt of the copy of the application. Failure to respond within the time limit shall not affect the Trademark Review and Review Board. of review.

Article 59 If a party needs to supplement relevant evidence materials after submitting an application for review or defense, it shall state this in the application or defense, and submit it within 3 months from the date of submission of the application or defense; Submission shall be deemed as giving up the supplement of relevant evidence materials. However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, and it is submitted after the expiration of the period, the Trademark Review and Adjudication Board may accept the evidence after submitting it to the other party and cross-examining it.

Article 60 The Trademark Review and Adjudication Board may decide to conduct an oral review of the review application based on the request of the parties or actual needs.

If the Trademark Review and Adjudication Board decides to conduct an oral review of an application for review, it shall notify the parties in writing 15 days before the oral review and inform the date, location and reviewers of the oral review. The parties concerned shall respond within the time limit specified in the notice.

If the applicant does not reply or participate in the oral hearing, his application for review will be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; if the respondent does not respond or participate in the oral hearing, the Trademark Review and Adjudication Board may be absent from the review.

Article 61 Before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may request in writing to the Trademark Review and Adjudication Board to withdraw the application and explain the reasons. If the Trademark Review and Adjudication Board believes that the application can be withdrawn, the review process will be terminated.

Article 62 If the applicant withdraws his application for trademark review, he shall not submit another application for review based on the same facts and reasons. If the Trademark Review and Adjudication Board has made a ruling or decision on a trademark review application, no one may file another review application based on the same facts and reasons. However, this does not apply to cases where the registered trademark has been approved for registration through the review process of denial of registration and then filed with the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Article 63 When using a registered trademark, a "registered trademark" or registered mark may be indicated on the goods, product packaging, instructions or other attachments.

Registration marks include and ®. When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark.

Article 64 If the "Trademark Registration Certificate" is lost or damaged, an application for a replacement "Trademark Registration Certificate" shall be submitted to the Trademark Office. If the "Trademark Registration Certificate" is lost, a loss statement shall be published in the "Trademark Announcement". The damaged "Trademark Registration Certificate" should be returned to the Trademark Office when submitting an application for reissue.

If a trademark registrant needs the Trademark Office to reissue a certificate of trademark change, transfer, or renewal, or a trademark registration certificate, or a trademark applicant needs a priority certificate issued by the Trademark Office, he or she must submit a corresponding application to the Trademark Office. If the requirements are met, the Trademark Office will issue a corresponding certificate; if the requirements are not met, the Trademark Office will not handle the application and will notify the applicant and the reasons.

Anyone who forges or alters the "Trademark Registration Certificate" or other trademark certification documents shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of forging or altering state agency documents or other crimes.

Article 65 If a registered trademark specified in Article 49 of the Trademark Law becomes the common name of goods approved for use, any unit or individual may apply to the Trademark Office to cancel the registered trademark, and evidence materials must be attached when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant and allow him or her to respond within 2 months from the date of receipt of the notification; failure to respond within the period shall not affect the decision of the Trademark Office.

Article 66 If a registered trademark specified in Article 49 of the Trademark Law has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark, and the relevant circumstances shall be explained when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notification; if no evidence of use is provided upon expiration of the period, If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark.

The evidence of use referred to in the preceding paragraph includes evidence that the trademark registrant uses the registered trademark and evidence that the trademark registrant permits others to use the registered trademark.

If you apply for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justifiable reasons, you must file the application three years from the date of announcement of the registration of the registered trademark.

Article 67 The following circumstances are legitimate reasons stipulated in Article 49 of the Trademark Law:

(1) Force majeure;

(2) Government policy restrictions;

(3) Bankruptcy and liquidation;

(4) Other legitimate reasons that cannot be attributed to the trademark registrant.

Article 68 If the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark or declares a registered trademark invalid, and the reasons for the cancellation or invalidation only apply to some designated goods, the registration of the trademark used on those designated goods shall be revoked or declared invalid. .

Article 69 When licensing others to use its registered trademark, the licensor shall file and submit filing materials to the Trademark Office within the validity period of the license contract. The filing materials should describe the licensor and licensee of the registered trademark, the license period, the scope of licensed goods or services, and other matters.

Article 70 If the exclusive right to use a registered trademark is pledged, the pledgor and the pledgee shall sign a written pledge contract and jointly submit an application for registration of the pledge to the Trademark Office, which shall make an announcement.

Article 71 Anyone who violates the provisions of Paragraph 2 of Article 43 of the Trademark Law shall be ordered by the industrial and commercial administrative department to make corrections within a time limit; if the person fails to make corrections within the time limit, he shall be ordered to stop selling; if he refuses to stop selling, he shall be fined not more than 100,000 yuan. .

Article 72 If a trademark holder requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he may submit a request to the industrial and commercial administration department. If the trademark is recognized as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the industrial and commercial administration department shall order it to stop using the trademark in violation of Article 13 of the Trademark Law, confiscate and destroy the illegally used trademark logo; the trademark logo and the goods Those that are difficult to separate will be confiscated and destroyed together.

Article 73 If a trademark registrant applies to cancel his registered trademark or cancel the registration of his trademark on some designated commodities, he shall submit a trademark cancellation application to the Trademark Office and return the original Trademark Registration Certificate.

If a trademark registrant applies to cancel its registered trademark or cancel the registration of its trademark on some designated goods, and the cancellation is approved by the Trademark Office, the exclusive right to use the registered trademark or the effect of the exclusive right to use the registered trademark on some designated goods shall be collected from the Trademark Office. It will terminate on the date of its cancellation application.

Article 74 If a registered trademark is revoked or canceled in accordance with the provisions of Article 73 of these Regulations, the original Trademark Registration Certificate shall be invalidated and announced; if the registration of the trademark on some designated goods is revoked, or the trademark If the registrant applies to cancel the registration of his trademark on some designated goods, a new "Trademark Registration Certificate" will be issued and announced.

Article 75 Providing warehousing, transportation, mailing, printing, concealment, business premises, online commodity trading platform, etc. for infringement of the exclusive rights of others’ trademarks shall fall under the provision of convenient conditions stipulated in Article 57, Item 6 of the Trademark Law.

Article 76 Any use of a mark that is identical or similar to another's registered trademark as a trade name or product decoration on the same or similar goods to mislead the public is an infringement of registration as stipulated in Paragraph 2 of Article 57 of the Trademark Law. trademark exclusive rights.

Article 77 Anyone may complain or report any infringement of the exclusive right to use a registered trademark to the industrial and commercial administrative department.

Article 78 When calculating the amount of illegal business operations stipulated in Article 60 of the Trademark Law, the following factors may be considered:

(1) The sales price of the infringing goods;

(2) The price of the infringing goods that have not been sold;

(3) The average actual sales price of the infringing goods has been found out;

(4) The mid-market price of the infringed goods;

(5) The infringer’s business income generated by the infringement;

(6) Other factors that can reasonably calculate the value of the infringing goods.

Article 79: The following circumstances are stipulated in Article 60 of the Trademark Law and can prove that the goods were obtained legally by oneself:

(1) There is a supply list and payment receipt legally signed and stamped by the supplier, and they are verified to be true or recognized by the supplier;

(2) There is a purchase contract signed by both the supplier and the seller and it has been verified to have been truly fulfilled;

(3) There is a legal purchase invoice and the items recorded on the invoice correspond to the goods involved;

(4) Other circumstances that can prove the legal acquisition of the goods involved.

Article 80 If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he has obtained the goods legally and has identified the supplier, the industrial and commercial administrative department shall order him to stop selling the goods and notify the industry and commerce of the place where the supplier of the infringing goods is located. Administration Department.

Article 81 If the ownership of the registered trademark involved in the case is under trial by the Trademark Office, the Trademark Review and Adjudication Board or in litigation in the People's Court, and the outcome of the case may affect the characterization of the case, the dispute over the ownership of the trademark falls under Paragraph 3 of Article 62 of the Trademark Law. .

Article 82 During the investigation and handling of trademark infringement cases, the industrial and commercial administrative department may require the right holder to identify whether the goods involved are produced by the right holder or are products produced under his license.

Article 83 The term "trademark agency" as used in the Trademark Law refers to accepting the entrustment of the client and handling trademark registration applications, trademark reviews or other trademark matters in the name of the client.

Article 84 The term "trademark agency" as used in the Trademark Law includes service agencies registered by the industrial and commercial administration departments to engage in trademark agency business and law firms engaged in trademark agency business.

A trademark agency that engages in agency business on trademark matters under the jurisdiction of the Trademark Office and the Trademark Review and Adjudication Board shall register with the Trademark Office in accordance with the following provisions:

(1) Submit the registration certification document from the industrial and commercial administration department or the certification document from the judicial administration department approving the establishment of a law firm and keep a copy;

(2) Submit basic information such as the name, address, person in charge, and contact information of the trademark agency;

(3) Submit the list and contact information of trademark agency practitioners.

The industrial and commercial administrative department shall establish credit files for trademark agencies. If a trademark agency violates the provisions of the Trademark Law or these Regulations, the Trademark Office or the Trademark Review and Adjudication Board shall publicly notify the violation and record it in its credit file.

Article 85 The term “trademark agency practitioners” as used in the Trademark Law refers to the staff engaged in trademark agency business in trademark agencies.

Trademark agency practitioners are not allowed to accept entrustment in their own name.

Article 86 Relevant application documents submitted by a trademark agency to the Trademark Office and the Trademark Review and Adjudication Board shall be stamped with the official seal of the agency and signed by relevant trademark agency practitioners.

Article 87 The Trademark Office will not accept a trademark agency's application for registration or transfer of trademarks other than its agency services.

Article 88 The following acts are acts that disrupt the order of the trademark agency market by other unfair means as stipulated in Article 68, Paragraph 1, Item 2 of the Trademark Law:

(1) Soliciting business through fraud, false propaganda, misleading or commercial bribery;

(2) Concealing facts and providing false evidence, or threatening or inducing others to conceal facts and provide false evidence;

(3) Accepting entrustments from two parties with conflicts of interest in the same trademark case.

Article 89 If a trademark agency commits any act specified in Article 68 of the Trademark Law, the industrial and commercial administration department at or above the county level where the perpetrator is located or where the illegal act occurs shall investigate and handle the matter and report the investigation and handling results to the Trademark Office.

Article 90: If the Trademark Office and the Trademark Review and Adjudication Board stop accepting trademark agency business for a trademark agency in accordance with Article 68 of the Trademark Law, they may suspend the acceptance of the trademark agency's trademark agency business for more than 6 months or permanently cease acceptance. Decide. When the period for ceasing to accept trademark agency business expires, the Trademark Office and the Trademark Review and Adjudication Board shall resume acceptance.

The decision of the Trademark Office and the Trademark Review and Adjudication Board to stop accepting applications or resume accepting applications as a trademark agency shall be announced on their websites.

Article 91 The industrial and commercial administrative department shall strengthen the supervision and guidance of trademark agency industry organizations. ^[3-4]  

Article 92 If a service mark that has been continuously used until July 1, 1993 is identical or similar to a service mark that has been registered by others for the same or similar services, it can continue to be used; however, it will be discontinued after July 1, 1993. If it has been used for more than 3 years, it shall not be used anymore.

A trademark that has been continuously used until the date when the Trademark Office first accepts the newly liberalized goods or services is identical or similar to a trademark registered by others for the same or similar goods or services as the newly liberalized goods or services, may continue to be used. ; However, if the use is interrupted for more than 3 years after the first acceptance date, the use shall not be continued.

Article 93 The classification table of goods and services for trademark registration shall be formulated and published by the Trademark Office.

The document format for applying for trademark registration or handling other trademark matters shall be formulated and published by the Trademark Office and the Trademark Review and Adjudication Board.

The review rules of the Trademark Review and Adjudication Board are formulated and published by the industrial and commercial administration department of the State Council.

Article 94 The Trademark Office shall establish a "Trademark Registration Book" to record registered trademarks and related registration matters.

Article 95 The "Trademark Registration Certificate" and related certificates are proof that the obligee enjoys the exclusive right to register a trademark. The registration matters recorded in the "Trademark Registration Certificate" should be consistent with the "Trademark Registration Book"; if the records are inconsistent, the "Trademark Registration Book" shall prevail unless there is evidence to prove that the "Trademark Registration Book" is indeed wrong.

Article 96 The Trademark Office issues the Trademark Announcement to publish trademark registration and other related matters.

The Trademark Announcement is published in paper or electronic form.

Except for the delivery of an announcement, the content of the announcement shall be deemed to be known to the public or should be known to the public from the date of publication.

Article 97 When applying for trademark registration or handling other trademark matters, fees must be paid. The items and standards for payment of fees shall be formulated respectively by the financial department of the State Council and the price department of the State Council.

Article 98 These Regulations shall come into effect on May 1, 2014.

View original link