(Promulgated by Decree No. 358 of the State Council of the People’s Republic of China on August 3, 2002, revised and promulgated by Decree No. 651 of the State Council of the People’s Republic of China on April 29, 2014, and effective as of May
1, 2014)
Where a geographical indication is registered as a certification mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the use of the certification
mark, and the organization in control of such certification mark shall permit such use.
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Where a geographical indication is registered as a collective mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the membership of the society, association or any other organization that registered the geographical indication as a collective mark, and the society, association or any other organization shall accept the membership in accordance with its articles of association; those who do not request the membership of the society, association or any other organization that registered the geographical indication as a collective mark may legitimately use the geographical indication, and the society, association or any other organization is not entitled to prohibit such use.
Procedures for notarizing and authenticating a Power of Attorney and certifying documents relating to a foreigner or a foreign enterprise shall be undertaken in line with the principle of reciprocity.
In applying for trademark registration or trademark assignment, the applicant or the assignee that is a foreigner or a foreign enterprise shall appoint in the application a recipient within Chinese territory to be responsible for receiving subsequent legal documents issued by the Trademark Office or the Trademark Review and Adjudication Board. Subsequent legal documents issued by the Trademark Office or the Trademark Review and Adjudication Board shall be served on the recipient within Chinese territory.
A foreigner or a foreign enterprise in Article 18 of the Trademark Law means a foreigner or a foreign enterprise having no habitual residence or establishment in China.
registration or other trademark matters.
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Where any certificate, certifying document or evidence submitted in accordance with the provisions of the Trademark Law and these Regulations is in a foreign language, a Chinese translation shall be attached; where no Chinese translation is attached, it shall be considered that the certificate, certifying document or evidence has not been submitted.
(1) where he is a party, or a close relative of a party or the agent;
(2) where he has any other relationship with a party or the agent that may affect impartiality; or
(3) where he has an interest in the application for trademark registration or other trademark matters.
Adjudication Board when the receiving date is uncertain, with the exception that the
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party can provide evidence of the actual receiving date of the express enterprises. Where the documents or materials are submitted in electronic form, the date shall be the entry date of the documents or materials into the electronic system of the Trademark Office or the Trademark Review and Adjudication Board.
Where a party mails documents to the Trademark Office or the Trademark
Review and Adjudication Board, he shall choose to use mail that has receipts.
Where a party submits documents to the Trademark Office or the Trademark Review and Adjudication Board, and the documents are submitted in paper, the records archived by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; where the documents are submitted in electronic form, the records in the database of the Trademark Office or the Trademark Review and Adjudication Board shall prevail, with the exception that the party can provide evidence for the error in the archives or databases of the Trademark Office or the Trademark Review and Adjudication Board.
The date of service of any document on a party by the Trademark Office or the Trademark Review and Adjudication Board shall be the date on which the party receives the document as indicated by the postmark when the document is sent by mail; when the date indicated by the postmark is illegible or where there is no postmark, the document shall be considered served 15 days after the date on which the document is sent out, with the exception that the party can provide evidence of the actual receiving date; when the document is delivered in person, the date of service shall be the date on which the document is delivered; when the document is sent in electronic form, the document shall be considered served 15 days after the date on which the document is sent out, with the exception that the party can provide evidence
of the entry date of the document into his electronic system. When the document is
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unable to be served by the abovementioned means, it may be served by means of publication, and the document shall be considered served 30 days after the date on which its publication is made.
(1) the period when documents of the Trademark Office or the Trademark
Review and Adjudication Board are served by means of publication;
(2) the period when a party furnishes supplementary evidence or makes supplements or amendments to the documents, or the period when new responses are to be submitted due to change of a party;
(3) the period required for providing proof of use, negotiating or drawing lots where the trademark applications are filed on the same day;
(4) the period required for the confirmation of the right of priority; or
(5) the period required for the decision of other cases involving a prior right, upon the request of the applicant during the process of examination or review.
The period of validity of a registered trademark prescribed in Articles 39 and 40 of the Trademark Law commences from the statutory date, and expires on the day preceding the corresponding day of the last month of the time limit, and when there is no corresponding day in that month, the last day of that month shall be the expiration day of the time limit.
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The reproduction of a trademark shall be clear, easy to paste, and printed on smooth and durable paper or be replaced by photographs, and the length and width of the reproduction shall be not more than 10 centimeters and not less than 5 centimeters respectively.
Where an application is filed for registration of a three-dimensional sign as a trademark, a statement shall be made in the application, the method of use of the trademark shall be indicated, a reproduction that can establish the three-dimensional shape shall be submitted, and the reproduction submitted shall include at least a three-view drawing.
Where an application is filed for registration of a combination of colors as a trademark, a statement shall be made in the application, and the method of use of the trademark shall be indicated.
Where an application is filed for registration of sound as a trademark, a statement shall be made in the application, a qualified sound sample and a description of the sound for registration as the trademark shall be submitted, and the method of use of the trademark shall be indicated. The description of the sound trademark shall use stave or numbered musical notations of the sound in combination with notes in words; where the sound is unable to be described by stave or numbered musical notations, it shall be described in words; the description of the trademark shall be in conformity with the sound sample.
Where an application is filed for registration of a collective mark or a
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certification mark, a statement shall be made in the application, and documents certifying the qualifications of the applicants and the rules on the administration of use of the trademark shall be submitted.
Where a trademark is in a foreign language, or consists of foreign words, the meaning shall be explained in Chinese.
The provisions of the preceding paragraph on submitting documents certifying the identity of the applicant shall apply to applications to the Trademark Office for handling other trademark matters, such as modification, assignment, renewal, opposition, or cancellation of trademarks.
Where applications for trademark registration and other related documents are submitted in paper form, they shall be typewritten or printed.
The second paragraph of this Article shall apply to other trademark matters.
The documents of the Trademark Office or the Trademark Review and
Adjudication Board shall be served on the representative.
the Trademark Office.
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Where an applicant assigns his application for trademark registration, he shall go through assignment formalities with the Trademark Office.
Where the application formalities for trademark registration are completed, the application documents are filled in as required, and the fees are paid, the Trademark Office shall accept the application and notify the applicant in writing; where the application formalities are not completed, the application documents are not filled in as required or the fees are not paid, the Trademark Office shall not accept the application and shall notify the applicant in writing and give the reasons. Where the application formalities are basically completed or the application documents are basically in compliance with the provisions, but supplements or amendments are necessary, the Trademark Office shall notify the applicant of the supplements or amendments to be made, requiring him to make supplements or amendments to the specified items and send them back to the Trademark Office within 30 days from the date of receipt of the notification. Where the supplements or amendments are made and sent back to the Trademark Office within the specified time limit, the filing date shall be reserved; where no supplements or amendments are made at the expiration of the specified time limit, or the supplements or amendments are not made as required, the Trademark Office shall not accept such application and shall notify the applicant in writing.
The provisions on requirements for acceptance in the second paragraph of this
Article shall apply to other trademark matters.
days from the date of receipt of the notification of the Trademark Office, negotiate on
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their own and submit a written agreement to the Trademark Office; where the applicants are reluctant to negotiate or fail to reach an agreement through negotiation, the Trademark Office shall notify both or all of the applicants that there will be a lot drawing to determine one of them as the applicant, and the applications filed by others shall be refused. Where any applicant notified by the Trademark Office fails to participate in the lot drawing, the application filed by such applicant shall be considered abandoned, and the Trademark Office shall notify in writing the applicant who fails to participate in the lot drawing.
granted another application. For the divided application, the filing date of the original
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application shall be reserved.
Where an applicant applies to divide an application, he shall file an application for division to the Trademark Office within 15 days from the date of receipt of the Notification of Partial Refusal to an Application for Trademark Registration issued by the Trademark Office.
Upon receipt of the application for division, the Trademark Office shall divide the original application into two separate applications, give a new application number to the divided application for which preliminary approval has been granted and make a publication.
(1) an Application for Trademark Opposition;
(2) documents that certify the identity of the opponent; and
(3) documents certifying that the opponent is a holder of the prior right or an interested party, where the opposition is filed on the grounds of violation of the second or third paragraph of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 or Article 32 of the Trademark Law.
An Application for Trademark Opposition shall indicate explicit requests and factual basis, with the relevant evidence attached.
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the following circumstances, the Trademark Office shall not accept the application and shall notify the applicant in writing and give the reasons:
(1) the application is not filed within the statutory time limit;
(2) the qualification of the applicant or the grounds of the opposition are not in compliance with Article 33 of the Trademark Law;
(3) the grounds, facts and legal basis of the opposition are not explicit; or
(4) the application for opposition is filed by the same opponent once again against the same trademark on the same grounds, facts and legal basis.
Where a party needs to supplement related evidence after filing an application for opposition or after making a response, a statement shall be made in the Application for Trademark Opposition or in the response, and the evidence shall be submitted within 3 months from the date on which the application is filed or the response is made; where no evidence is submitted at the expiration of the time limit, the party shall be considered giving up making supplements to related evidence. However, where evidence accrued after the expiration of the time limit or a party failed to submit the evidence within the time limit for other justifiable reasons, and when such evidence is submitted after the expiration of the time limit, the Trademark Office shall send the evidence to the other party and may accept it after cross-examination.
Where a trademark is under opposition but a publication of its registration has
already been made prior to the decision of the Trademark Office to approve or
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disapprove its registration, the publication of registration shall be cancelled. Where the opposition is not justified after examination and the registration of the trademark has been approved, the trademark shall be republished after the entry into force of the decision to approve its registration.
Where there is any correction in respect of a trademark after a publication of preliminary approval granted to the trademark or a publication of its registration has already been made, a publication of the correction shall be made.
Where the name or address of a trademark registrant is modified, the trademark registrant shall make the modification in respect of all his registered trademarks in a lump; where the modification is not made in a lump, the Trademark Office shall notify the trademark registrant to make corrections within a specified time limit; where no
corrections are made at the expiration of the time limit, the application for
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modification shall be considered abandoned, and the Trademark Office shall notify the applicant for modification in writing.
Where a registered trademark is assigned and the trademark registrant does not assign in a lump all his trademarks that are identical or similar to each other in respect of the same or similar goods, the Trademark Office shall notify the trademark registrant to make corrections within a specified time limit; where no corrections are made at the expiration of the time limit, the application for assignment of the registered trademark shall be considered abandoned, and the Trademark Office shall notify the applicants for assignment in writing.
Where the exclusive right to use a registered trademark is transferred, all of the right holder’s trademarks that are identical or similar to each other in respect of the same or similar goods shall be transferred in a lump; where all the trademarks are not transferred in a lump, the Trademark Office shall notify the transferee to make corrections within a specified time limit; where no corrections are made at the expiration of the time limit, the application for transfer of the registered trademark shall be considered abandoned, and the Trademark Office shall notify the applicant for
the transfer in writing.
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The transfer of a trademark shall be published upon the approval of the application for the transfer. The party who accepts the transfer of the exclusive right to use the registered trademark shall enjoy the exclusive right to use the trademark from the date of publication.
Applications for the Madrid international registration of trademarks include the applications for international registration of trademarks with the People’s Republic of China being the country of origin, the applications designating territorial extensions to the People’s Republic of China, and other relevant applications.
Regulations has registered his trademark in the Trademark Office, he may apply for international registration of the trademark under the Madrid Agreement.
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Where an applicant eligible as prescribed in Article 35 of these Regulations has registered his trademark in the Trademark Office, or has already filed an application for trademark registration which is accepted by the Trademark Office, he may apply for international registration of the trademark under the Madrid Protocol.
An application with the People’s Republic of China being the country of origin in respect of subsequent designation, renunciation, or cancellation of the international registration of a trademark under the Madrid Agreement shall be filed through the intermediary of the Trademark Office to the International Bureau; where any assignment, limitation, modification or renewal of a registered international trademark under the Madrid Agreement is applied for, the application may be filed through the intermediary of the Trademark Office to the International Bureau or directly to the International Bureau.
An application with the People’s Republic of China being the country of origin in respect of subsequent designation, assignment, limitation, renunciation, cancellation, modification or renewal of the international registration of a trademark under the Madrid Protocol may be filed through the intermediary of the Trademark Office to the International Bureau or directly to the International Bureau.
covered in its national basic application or basic registration.
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Where the application formalities are basically completed or the application documents are basically in compliance with the provisions, but supplements or amendments are necessary, the applicant shall make supplements or amendments within 30 days from the date of receipt of the Notification of Supplements or Amendments. Where no supplements or amendments are made at the expiration of the specified time limit, the Trademark Office shall not accept it and shall notify the applicant in writing.
The applicant shall pay fees to the Trademark Office within 15 days from the date of receipt of the Notification of Payment of Fees issued by the Trademark Office. Where no fees are paid at the expiration of the time limit, the Trademark Office shall not accept the application and shall notify the applicant in writing.
Regulations through a trademark agency established in accordance with law to the
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Trademark Office, within 3 months from the date on which the trademark is recorded in the International Register at the International Bureau. Where no relevant materials are submitted within the said time limit, the Trademark Office shall refuse the application for territorial extension.
The Trademark Office shall notify the International Bureau of the opposition in the form of provisional refusal within the period of refusal.
The opposed party may respond within 30 days from the date of receipt of the Notification of Provisional Refusal transmitted by the International Bureau, and the response and related evidence shall be submitted to the Trademark Office through a trademark agency established in accordance with law.
People’s Republic of China is assigned, the assignee shall have a real and effective
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industrial or commercial establishment, or be domiciled, in the territory of a contracting party, or be a national of a contracting party.
Where the assignor does not assign in a lump all his trademarks that are identical or similar to each other in respect of the same or similar goods or services, the Trademark Office shall notify the registrant to make corrections within 3 months from the date of the sending out of the notification; where no corrections are made at the expiration of the time limit, or where the assignment is liable to cause confusion or have other adverse effects, the Trademark Office shall decide that the assignment has no effect in the People’s Republic of China and shall make a declaration to the International Bureau.
An application to declare the invalidation of an international registration of a trademark as prescribed in the first paragraph of Article 44 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board at the expiration of
the period of refusal of the application for international registration of the trademark;
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where the international registration of the trademark is still under review against a refusal or under opposition at the expiration of the period of refusal, the application to declare the invalidation shall be filed with the Trademark Review and Adjudication Board after the entry into force of the decision to approve the registration made by the Trademark Office or the Trademark Review and Adjudication Board.
An application to declare the invalidation of an international registration of a trademark as prescribed in the first paragraph of Article 45 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board within 5 years from the date of expiration of the period of refusal of the application for international registration of the trademark; where the international registration of the trademark is still under review against a refusal or under opposition at the expiration of the period of refusal, the application to declare the invalidation shall be filed with the Trademark Review and Adjudication Board within 5 years from the date of the entry into force of the decision to approve the registration made by the Trademark Office or the Trademark Review and Adjudication Board. Where a registration is obtained in bad faith, the owner of a well-known trademark shall not be bound by this 5-year time limit.
(1) the provisions on the time limit for examination and review in Article 28 and the first paragraph of Article 35 of the Trademark Law;
(2) Article 22 and the second paragraph of Article 30 of these Regulations; and
(3) the provisions that the assignor and the assignee shall jointly file an application and go through the formalities for assignment of a trademark, as prescribed in Article 42 of the Trademark Law and Article 31 of these Regulations.
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Review and Adjudication Board reviews relevant trademark dispute cases in accordance with the provisions of Articles 34, 35, 44, 45 and 54 of the Trademark Law. Where a party files an application for trademark review to the Trademark Review and Adjudication Board, he shall indicate explicit requests, facts, grounds and legal basis, and shall submit relevant evidence.
The Trademark Review and Adjudication Board shall, on the basis of facts, conduct review in accordance with law.
Where, in reviewing a case filed against a decision made by the Trademark Office to refuse an application for trademark registration, the Trademark Review and Adjudication Board finds that the trademark which is the subject of the application for trademark registration is in violation of the provisions of Article 10, Article 11, Article
12, or the first paragraph of Article 16 of the Trademark Law, and that the Trademark Office has not made the refusal decision in accordance with such provisions, the Trademark Review and Adjudication Board may make a decision after review to refuse the application in accordance with such provisions. The Trademark Review and Adjudication Board shall invite the opinions of the trademark applicant prior to making the review decision.
When reviewing a case filed against a decision made by the Trademark Office to disapprove the registration of a trademark, the Trademark Review and Adjudication
Board shall notify the opponent to participate in the review of the case and raise his
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opinions. Where the opinions of the opponent have a substantive impact on the result of the case, such opinions may be admitted as bases for the decision of the review; where the opponent fails to participate in the review of the case or raise his opinions, the review of the case shall not be affected.
Where, after receipt of an application, the Trademark Review and Adjudication Board, after examination, finds that the application meets the requirements for acceptance, it shall accept the application; where the application fails to meet the requirements for acceptance, it shall not accept the application, and shall notify the
applicant in writing and give the reasons; where supplements or amendments are
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necessary for the application, the applicant shall be notified of the supplements or amendments to be made within 30 days from the date of receipt of the notification. Where the application still fails to comply with the provisions after supplements or amendments, the Trademark Review and Adjudication Board shall not accept the application, and shall notify the applicant in writing and give the reasons; where no supplements or amendments are made at the expiration of the specified time limit, the application shall be considered withdrawn and the Trademark Review and Adjudication Board shall notify the applicant in writing.
Where, after an application for review is accepted, the Trademark Review and Adjudication Board finds that the application does not satisfy the requirements for acceptance, it shall refuse the application, notify the applicant in writing and give the reasons.
of a party or on the basis of practical needs, decide to hold an oral hearing in respect
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of an application for review.
Where the Trademark Review and Adjudication Board decides to hold an oral hearing in respect of an application for review, it shall notify in writing, 15 days prior to the oral hearing, the parties of the date, place and review officers of the oral hearing to be held. The parties shall respond within the time limit specified in the notification.
Where the applicant for review neither responds nor participates in the oral hearing, his application for review shall be considered withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant for review in writing; where the other party neither responds nor participates in the oral hearing, the Trademark Review and Adjudication Board may review the application by default.
“registered trademark” or a registration logo may be indicated on the goods, packages, manuals or other attachments.
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The registration logos include and ®, which shall be indicated on the upper or lower right-hand corner of the trademark when used.
Where a trademark registrant needs the reissuance of a certification on modification, assignment or renewal of a trademark, or the issuance of a certification on the registration of a trademark, or where a trademark applicant needs the issuance of documents verifying a right of priority by the Trademark Office, he shall file a corresponding application with the Trademark Office. Where the application is in compliance with the requirements, the Trademark Office shall issue corresponding certifications; otherwise, the Trademark Office shall not process the application, and shall notify the applicant, stating the reasons.
Whoever forges or alters a Trademark Registration Certificate or other trademark certifications shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of forging or altering certificates of State organs or on other crimes.
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prescribed in Article 49 of the Trademark Law and has not been in use for 3 consecutive years without a justifiable reason, any organization or individual may apply to the Trademark Office for cancellation of the registered trademark, and the relevant facts shall be stated when the application is filed. Upon acceptance of the application, the Trademark Office shall notify the trademark registrant, requiring him to provide evidence proving the use of the trademark prior to the filing of the application for cancellation, or explain the justifiable reason for its non-use, within 2 months from the date of receipt of the notification; where no evidence of use is provided at the expiration of the time limit, or the evidence provided is invalid and there is no justifiable reason for its non-use, the Trademark Office shall cancel the registered trademark.
The evidence proving the use of a registered trademark referred to in the preceding paragraph includes that of use of the trademark by the trademark registrant and that of use of the trademark by others under the license of the trademark registrant.
For an application for cancellation of a registered trademark on the grounds of non-use for 3 consecutive years without a justifiable reason, it shall be filed 3 years after the date of the publication of the registration of the registered trademark.
(1) force majeure;
(2) restrictions imposed by government policy; (3) bankruptcy liquidation; and
(4) other justifiable reasons not attributable to the trademark registrant.
certain designated goods.
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Where a trademark registrant applies for the surrender of his registered
trademark, or of his trademark registration on certain designated goods, and where the
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surrender 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 the designated goods shall be terminated from the date on which the Trademark Office receives the application for surrender.
57 of the Trademark Law.
(1) the selling price of the infringing goods;
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and
(2) the marked price of the unsold infringing goods;
(3) the ascertained average price of the infringing goods already sold; (4) the median market price of the infringed goods;
(5) the business income of the infringing party generated by the infringement;
(6) other factors that could reasonably serve to calculate the value of the
infringing goods.
(1) having the supply list and payment receipt bearing the legitimate signature and seal of the supplier, which are verified as true or recognized by the supplier;
(2) having the purchase contract signed by both the supplier and the seller, which is verified as having been truly implemented;
(3) having the legitimate purchase invoice, on which the items indicated are corresponding to the goods in question; or
(4) other circumstances which could prove that the goods have been legitimately obtained.
considered as the ownership of a trademark in dispute prescribed in the third
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paragraph of Article 62 of the Trademark Law.
For a trademark agency providing trademark agency services on trademark matters that are administered by the Trademark Office or the Trademark Review and Adjudication Board, it shall apply to the Trademark Office for recordation in accordance with the following provisions:
(1) submitting for verification the registration certification document issued by the administrative department for industry and commerce or the certification document proving approval of the establishment of the law firm issued by the administrative department of justice, with the photocopies of the documents kept for records;
(2) submitting the basic information of the trademark agency including the name, address, responsible person and contact information; and
(3) submitting the list of trademark agents and their contact information.
The administrative department for industry and commerce shall establish credit files for trademark agencies. Where an agency violates the provisions of the Trademark Law or these Regulations, the Trademark Office or the Trademark Review
and Adjudication Board shall make the case known to the public, and keep a record in
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its credit file.
A trademark agent shall not accept the entrustment of a client in his own name.
(1) soliciting business by means of fraud, false advertising, misleading, or commercial bribery;
(2) concealing facts, providing false evidence, or threatening or inducing others to conceal facts or provide false evidence; or
(3) accepting the entrustments of both parties who have conflict of interests in the same trademark case.
of the period of non-acceptance, the Trademark Office or the Trademark Review and
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Adjudication Board shall resume the acceptance.
The decisions made by the Trademark Office or the Trademark Review and Adjudication Board to stop or resume the acceptance of the trademark matters submitted through an agency shall be published on its website.
Where a trademark has been in continuous use until the date on which the goods or services are newly open for registration by the Trademark Office for the first time, and is identical or similar to any trademark registered by another person on the same or similar goods or services which are newly open for registration, it may continue to be used; however, if such use is suspended for a period of 3 years or more after the date on which it is accepted for the first time, it shall not be used any longer.
The formats of the documents for applying for trademark registration or for other trademark matters shall be formulated and promulgated by the Trademark Office and the Trademark Review and Adjudication Board.
The review rules of the Trademark Review and Adjudication Board shall be formulated and promulgated by the administrative department for industry and commerce of the State Council.
Register recording registered trademarks and relevant registration items.
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are proofs that a right owner enjoys the exclusive right to use a registered trademark. The registration items recorded in the Trademark Registration Certificate shall be in conformity with those in the Trademark Register; where any discrepancy occurs, the Trademark Register shall prevail, unless there is clear evidence proving that the information recorded in the Trademark Register is in error.
The Trademark Gazette is published in paper or in electronic format.
Except for service by means of publication, the content of a publication shall be considered as already known or ought to be known by the public as of the date of the publication.
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