国函（1993）102号
（Approved by the State Council on January 3， 1988， promulgated¹ by the State Administration for Industry and Commerce on January 13， 1988 and amended² with the approval of the State Council on July 15， 1993， promulgated by Decree No. 14 of the State Administration for Industry and Commerce on July 28， 1993）（Editor's Note： For the revised text， see Official Reply of the State Council Concerning Papers Furnished as Attachments⁴ to Applications for Trademark⁵ Registration⁶ promulgated on April 23， 1995）
颁布日期：19930715 　实施日期：19930715 　颁布单位：国务院、 国家工商行政管理局

　　Chapter I General Provisions

　　Article 1 The following Rules were formulated⁷ in accordance with the provisions of Article 42 of the Trademark Law of the People's Republic of China （hereinafter referred to as the Trademark Law）。

　　Article 2 Applicants⁹ for trademark registration must be enterprises， institutions， social organizations， self-employed industrialists¹⁰ or businessmen， individual partnerships¹¹ established in accordance with the law， foreigners or foreign enterprises listed in Article 9 of the Trademark Law.

　　Provisions in the Rules concerning trademarks¹² for goods shall also apply to service trademarks.

　　Article 3 When applying for initial registration， assignments， renewals¹⁴， name or address changes， replacement¹⁵ of the certificate of trademark registration or other related matters， the applicant⁸ may either entrust¹⁶ the process to a trademark agency approved by the State Administration for Industry and Commerce， or shall otherwise personally handle the matter. When foreigners or foreign enterprises apply for trademark registration in China， or when dealing¹⁷ with related

　　When foreigners or foreign enterprises apply for trademark registration in China， or when dealing with related trademark matters， all applications or other related items shall be completed by an agency designated by the State Administration for Industry and Commerce.

　　Applications filed for international registration shall be submitted in accordance with the “Madrid Agreement Concerning the International Registration of Marks”。

　　Article 4 Fees shall be paid in accordance with relevant stipulations for applications， assignment， renewal¹³， alterations¹⁸， replacement of certificates and examination of trademark registration， and related matters.

　　Article 5 The Trademark Office of the State Administration for Industry and Commerce （hereinafter referred to as the Trademark Office） shall establish and maintain a Trademark Register which records registered trademarks and relevant registration matters.

　　The Trademark Office shall edit and issue the Trademark Gazette， which announces trademark registrations¹⁹ and related matters.

　　Article 6 In accordance with Article 3 of the Trademark Law， all collective and certification marks approved and registered with the Trademark Office shall be protected by law.

　　Procedures for the registration and administration of collective and certification marks shall be separately outlined by the State Administration for Industry and Commerce， in conjunction with related departments of the State Council.

　　Article 7 All pharmaceuticals²⁰ for human consumption and tobacco products listed by the State and published by the State Administration for Industry and Commerce shall obtain a registered trademark.

　　Other goods required to obtain a registered trademark in accordance with stipulations of the State shall be published by the State Administration for Industry and Commerce.

　　Article 8 The State Administration for Industry and Commerce shall establish up a Trademark Review and Adjudication Board responsible for final decisions and adjudications on matters submitted for reexamination in accordance with provisions of the Trademark Law and the Rules.

　　Chapter II Applications for Trademark Registration

　　Article 9 When applying for registration of a trademark， applicants shall file the application with respect to each class of goods as outlined in the published Classification of Goods. Each trademark registration application submitted to the Trademark Office must be accompanied by an Application for Trademark Registration， 10 prototypes of the requested trademark （prototypes of colored trademarks must be submitted in the exact color）， and one black and white copy of the design blueprint²¹.

　　Prototypes of the trademark must be clearly discernible adhesive²² images printed on durable²³ paper with a smooth finish， or otherwise be a photograph. The length or width shall be between 5 to 10 centimeters.

　　Article 10 Application forms for trademark registration and related papers shall be completed in pen and ink， writing brush and ink， or typed. All information must be clearly written or typed.

　　The name， stamp or seal of the applicant applying for trademark registration shall be the same as that approved or registered. The subject item shall not go beyond the approved or registered scope of business. The designation of items shall be filed in accordance with the table for the classification of goods. A description must be attached for items not listed in the aforementioned table.

　　Article 11 Applications for trademark registration of pharmaceuticals for human consumption must bear an attached certificate issued by the administrative²⁴ department for public health.

　　Applications for trademark registration of cigarettes， cigars or packed cut tobacco must bear attached papers indicating certified²⁵ production approval by competent State authorities responsible for tobacco products.

　　Applications for trademark registration of other goods which require a registered trademark in accordance with the stipulations shall bear attached papers certifying²⁶ the approval of relevant competent departments.

　　Article 12 The date of application for registration of a trademark shall be the date the Trademark Office receives the application form and related papers. In cases when the applicant has completed all required application procedures and has completed the application form and related papers in accordance with relevant stipulations， the Trademark Office shall assign the application a file number and issue a Notification of Acceptance. However， should the applicant fail to properly complete necessary procedures or in some way fail to complete the application form and related papers in accordance with relevant stipulations， the application form shall be returned to the applicant， and no date of application shall be reserved.

　　In cases when application procedures are basically complete or the application form and the related papers are basically in conformity²⁷ with the relevant stipulations， but there is a need for the applicant to provide necessary supplementary²⁸ information or make corrections thereto， the Trademark Office shall notify the applicant to submit said information or make said changes and will require the latter to resubmit the supplementary or corrected application to the Trademark Office within fifteen days of receipt of the notification. The filing date shall be reserved if requested supplementary information of or corrected application is resubmitted to the Trademark Office within the specified²⁹ time limit. However， the failure to submit requested supplementary information or corrected application by the expiration³⁰ of the specified period or thereafter， the application form shall be returned to the applicant， and no date of application shall be reserved.

　　Article 13 Should two or more applicants apply for registration of an identical or a similar trademark for the same or similar items on the same day， they shall within 30 days after receiving notification from the Trademark Office furnish requested proof of the dates on which they began using their respective trademarks. In cases when use of the trademark began on the same date， or in other cases when a trademark is not yet in use， applicants shall be required to settle the matter through consultations³¹， and further to submit their written agreement to the Trademark Office within 30 days. If no agreement can be reached within said 30 day period， the applicants in question shall draw lots to determine trademark rights. The Trademark Office shall either preside over the process， or shall otherwise adjudicate the matter.

　　Article 14 Applicants for trademarks shall submit a Power of Attorney authorizing³² a trademark agency to file required applications for the registration of trademarks， or for all other matters arising concerning said trademark. The Power of Attorney shall indicate content and competent authorization³³. In addition， in cases when the applicant is a foreigner or foreign enterprise， the Power of Attorney shall clearly indicate the nationality of the party granting authorization.

　　Foreigners or foreign enterprises shall use the Chinese language when applying for trademark registration or when handling related trademark matters. Notarization and authentication³⁴ procedures for Powers of Attorney and relevant certificates shall be completed in accordance with the principle of reciprocity. Chinese translations shall be attached to the completed application form and all related papers submitted in a foreign language.

　　Article 15 The Trademark Office maintains the option to review claims for priority in all applications for trademark registration. Specific procedures shall be followed as prescribed and promulgated by the State Administration for Industry and Commerce.

　　Chapter III Examination of Trademark Registration

　　Article 16 The Trademark Office shall， in accordance with the Trademark Law， examine all applications accepted. Following the prescribed examination， distinctive³⁵ trademarks which are in conformity with relevant provisions of the Trademark Law， shall receive preliminary approval from the Trademark Office and published in the Trademark Gazette. The Trademark Office shall send a Notification of Rejection³⁶ to all applicant submitting rejected applications.

　　In cases where requests for modifications³⁸ to applications for trademark are deemed incomplete， the Trademark Office shall send an Examination Advice form to the applicant and require the latter make necessary modifications within fifteen days of receipt of said notification. Should applicants fail to submit requested modifications by the expiration date of the specified period， or modifications are submitted at a date beyond the time limit， or modified applications still fail to conform with the relevant provisions of the Trademark Law， the Trademark Office shall reject the application and send a Notification of Rejection to the applicant.

　　Article 17 When applying for review of rejected trademarks， applicants shall， within fifteen days of receipt of the notification of rejection， submit an Application for Review of a Rejected Trademark to the Trademark Review and Adjudication Board. The review application must be accompanied by the original Application for Trademark Registration， ten prototypes of the original trademark， one black and white copy of the design and the Notification of Rejection.

　　The Trademark Review and Adjudication Board shall render a final decision and notify the applicant with a written reply. Thereafter， trademarks receiving preliminary approval shall be transferred to the Trademark Office for processing.

　　Article 18 Parties contesting a trademark （hereinafter referred to as Party B） which， after examination， has received preliminary approval and has been published in the Trademark Gazette， shall submit two copies of the Application for Trademark Opposition³⁹ to the Trademark Office. The Application for Trademark Opposition shall indicate both the page number and the issue number of the Trademark Gazette in which the contested trademark was published， as well as the number of the preliminary approval. The Trademark Office shall send one copy of the Application for Trademark Opposition to the contested party （hereinafter referred to as Party A）， requesting a rebuttal within thirty days of receipt of the notification. An adjudication will then be made on the basis of facts and relevant information submitted by the opposing parties. In the absence of a response from Party A by the expiration date of the specified period， the Trademark Office shall render an adjudication thereon and notify interested parties of the decision.

　　Announcements of registered trademarks published in the Trademark Gazette prior to final adjudication and entry of force of contested trademarks shall be null and void.

　　Article 19 Interested parties dissatisfied with the adjudication of the Trademark Office concerning contested trademarks may， within fifteen days of receipt of the notification of adjudication， apply for review by submitting two copies of Application for Review of a Contested Trademark to the Trademark Review and Adjudication Board.

　　The Trademark Review and Adjudication Board shall make a final adjudication， provide interested parties with written notification and transfer the case to the Trademark Office for relevant processing.

　　In cases when opposition to the issuance of a trademark is considered inappropriate， the Trademark Office shall， after the entry into force of the adjudication concerning a contested trademark， approve the registration of the trademark involved therein.

　　Chapter IV Modification³⁷， Assignment， Renewal and Adjudication of Disputes Involving Registered Trademarks

　　Article 20 When applying for modification of name， applicants shall submit an Application for Modification of the Name of Trademark Registrant and verification of the modification to the Trademark Office， and return the original Certificate of Trademark Registration thereto. Following examination and approval， the Trademark Office shall return the original Certificate of the Trademark Registration to which the approval has been affixed⁴⁰ to the applicant， and shall publish said modifications.

　　When applying for modifications of address or other relevant matters related to trademark registration， applicants shall submit an Application for Modification of the Address of the Trademark Registrant or an Application for Modification of Other Matters Related to a Registered Trademark， as well as verification of modifications to the Trademark Office， and shall return the original Certificate of Trademark Registration thereto. Following examination and approval， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval has been affixed To the applicant， and shall publish said modifications.

　　When applying for modifications of names or addresses， registrants shall follow the same modification procedures in respect to all registered trademarks.

　　Article 21 When applying for the assignment of registered trademarks， assignors and assignees shall jointly⁴¹ submit an Application for the Assignment of Registered Trademark to the Trademark Office， accompanied by the original Certificate of Trademark Registration. The assignee shall complete application formalities required for applying for assignment of a registered trademark. The assignee shall fulfill⁴² all qualifications outlined in Article 2 of the Rules. Upon approving the assignment of trademark， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval of the assignment has been affixed to the assignee， and shall publish notification of the assignment.

　　When applying for the assignment of a registered trademark， the registrant shall simultaneously⁴³ complete the same assignment procedure in respect to all identical trademarks， which are either identical with or similar to said registered trademark with respect to both the same or similar goods. When a registered trademark is assigned in respect to such goods as outlined in Article 7 of the Rules， the assignee shall， in accordance with the provisions of Article 11 of the Rules， furnish the Trademark Office with a certificate issued by the competent department concerned.

　　In cases when an application for the assignment of a registered trademark might in any way mislead the public， create confusion or engender⁴⁴ any other type of inappropriate influence， the Trademark Office shall reject approval thereof.

　　Article 22 When applying for renewal of a trademark registration， the registrant shall submit an Application for Renewal of Trademark Registration to the Trademark Office， accompanied by five prototypes of the trademark， and return the original Certificate of Trademark Registration thereto. Following examination and approval of the renewal， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval of the renewal has been affixed to the applicant， and shall publish notification of the renewal. The Trademark Office shall reject any renewal applications which contravene⁴⁵ relevant provisions of the Trademark Law.

　　The period of validity of a renewed trademark registration shall be calculated from the day following the expiration of the previous period of validity of said trademark.

　　Article 23 Applicant dissatisfied with the decision of the Trademark Office to reject an application for assignment or renewal may， within fifteen days of receipt of the notification of rejection， apply for review by submitting an Application for Review of a Rejected Assignment or an Application for Review of a Rejected Renewal， to the Trademark Review and Adjudication Board. Applications should be accompanied by the original Application for Assignment of Registered Trademark or Application for Renewal of Trademark Registration， and the relevant Notification of Rejection.

　　The Trademark Review and Adjudication Board shall render a final decision and notify the applicant of the same in writing. Board approvals of the assignment or renewal shall be transferred to the Trademark office for corresponding processing.

　　Article 24 Trademark registrants wishing to dispute the registered trademark of a second party shall， within one year from the date of announcement of the registered trademark of the latter in the Trademark Gazette， submit two copies of the an Application for Adjudication of a Disputed Trademark to the Trademark Review and Adjudication Board.

　　Upon making a final adjudication of whether to maintain or cancel the disputed registered trademark， the Trademark Review and Adjudication Board shall notify interested parties of the decision in writing， and shall transfer the case to the Trademark Office for corresponding processing. If the grounds for cancellation⁴⁶ involve only certain registered components⁴⁷， trademark registration for components involved therein shall be cancelled. Should adjudication result in cancellation， the proprietor⁴⁸ of the disputed trademark shall， within fifteen days of receipt of the notification of adjudication， return the original Certificate of Trademark Registration to the Trademark Office.

　　Article 25 Paragraph 1， Article 27 of the Trademark Law outlines the following fraudulent or unfair acts committed in the acquisition of a trademark registration：

　　（1） Fabricating， withholding⁴⁹ the truth or forging an application and related registration documents；

　　（2） Violating the principles of honesty and full faith and credit to reproduce， counterfeit⁵⁰ or translate the well-known trademark of another party in the registration；

　　（3） Acquiring a trademark registration in the name of the trademark agent， but without the authorization of the trademark proprietor who has entrusted⁵¹ the registering party；

　　（4） Infringing⁵² on any prior legal right of another party in the registration； and

　　（5） Using any other unfair means to acquire a registration.

　　In accordance with Paragraph 1， Article 27 of the Trademark Law， trademark registrants dissatisfied with the decision of the Trademark Office to cancel a trademark registration may， within fifteen days of receipt of the notification of the decision， apply for review by submitting an Application for Review of the Cancellation of an Improperly⁵³ Registered Trademark to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall render a final decision thereon， notify the applicant in writing and transfer the case to the Trademark Office for the corresponding processing.

　　Any organization or individual claiming that a trademark has been improperly registered may apply for adjudication by submitting two copies of an original Application for the Cancellation of Improperly Registered Trademark to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall render a final adjudication thereon， notify interested parties of the decision in writing， and transfer the case to the Trademark Office for the corresponding processing.

　　The Trademark Office shall publish notification of the cancellation of improperly registered trademarks. The trademark registrant in question shall， within fifteen days of receipt of the notification of the decision or adjudication， return the original Certificate of Trademark Registration to the Trademark Office.

　　In cases when a registered trademark is cancelled in accordance with Paragraph 1 and Paragraph 2， Article 27， of the Trademark Law， exclusive use rights shall be deemed invalid⁵⁴ from the registered date. In cases when registered trademarks have been cancelled in accordance with a decision or adjudication， there shall be no recourse concerning any such judgement or orders concerning trademarks involving infringement⁵⁶ cases adjudicated and enforced by people's courts， or for any such decisions rendered and enforced by the administrative authority for industry and commerce， as well as any such trademark assignments or trademark licensing⁵⁷ contracts in place prior to said cancellation. However， compensation shall be paid should the bad faith actions of a trademark registrant result in damages to any other party.

　　Chapter V Administration of the Use of Trademarks

　　Article 26 Registered trademarks in use shall carry the indication of “ZHUCE SHANGBIAO” （registered trademark - the editor） or the registration sign of （ZHU） （registered - the editor） or （R）。 In cases when it is inconvenient⁵⁸ for a commodity to bear such indications or signs， accompanying packaging or description and other attachments shall be so marked.

　　Article 27 In cases when a Certificate of Trademark Registration is lost or damaged， the trademark registrant must apply for reissuance thereof. The trademark registrant shall submit an Application for Reissuance of a Certificate of Trademark Registration to the Trademark Office， accompanied by five prototypes of the registered trademark. When a Certificate of Trademark Registration is lost， the trademark registrant shall publish the loss thereof in the Trademark Gazette. A damaged Certificate of Trademark Registration shall be returned to the Trademark Office.

　　In cases when any person commits any act of forging or altering a Certificate of Trademark Registration， the local administrative authority for industry and commerce shall， in accordance with prevailing⁵⁹ circumstances， impose a fine not exceeding 20，000 RMB Yuan， and shall seize all copies of the forged or altered Certificate of Trademark Registration.

　　Article 28 In cases when a person is found to have committed any act referred to in Items （1）， （2） and （3） of Article 30 of the Trademark Law， the administrative authority for industry and commerce shall order the trademark registrant to rectify⁶⁰ the situation within a specified period. Should registrant refuses to undertake rectification⁶¹， the administrative authority for industry and commerce in the relevant location shall submit the case to the Trademark Office for cancellation of the registered trademark.

　　Article 29 In cases when any person has committed acts referred to in Item （4） of Article 30 of the Trademark Law， any other interested party may apply to the Trademark Office for cancellation of the registered trademark in question by stating the facts related thereto. The Trademark Office shall notify the trademark registrant and require the registrant to furnish proof of use of said trademark or otherwise state fair reasons for non-use thereof within three months of receipt of said notifications. Should the registrant fail to furnish proof of use by the expiration of the specified period， or said proof is invalid， the Trademark Office shall cancel the registered trademark.

　　Use of a trademark referred to in the preceding paragraph shall include the use of said trademark on the goods themselves， as well packages or containers for said goods， in trade related documents， and use in advertising⁶²， exhibitions or any other business activities.

　　Article 30 Applications filed for the registration of trademarks identical with or similar to a trademark cancelled under the provisions of Article 29 of the Rules in respect to the same or similar goods shall not be subject to the provisions of Article 32 of the Trademark Law.

　　Article 31 The administrative authority for Industry and Commerce shall order persons who have committed any act outlined in Article 31 and Item （3） of Article 34 of the Trademark Law to rectify the situation within a specified period. In serious cases， said authority shall order the infringing party to carry out a self-examination of said violations⁶⁴， and circulate a notice of criticism. In addition， the authority shall impose a fine not exceeding 20% of the volume of his illegal business， or not exceeding twice the amount of illegal profits； poisonous and harmful goods， or goods with no use value， shall be destroyed； the Trademark Office shall cancel registered trademarks used on such goods in accordance with provisions of the Trademark Law.

　　Article 32 The administrative authority for industry and commerce shall prohibit any person found to have committed any acts referred to in Item （1） and （2） of Article 34 of the Trademark Law from any form of advertising thereof. In addition， the authority shall seal or seize representations of said trademark and order the infringing party to rectify the situation within a specified period. In accordance with the seriousness of the case， the authority may also circulate a notice of criticism， and may impose a fine not exceeding 20% of the volume of the illegal business.

　　Article 33 The administrative authority for industry and commerce shall prohibit any person found to have violated the provisions of Article 5 of the Trademark Law from the sale and advertising of the goods in question. The authority shall seal or seize the representations of the trademark， and may， according to the seriousness of the case， impose a fine not exceeding 10% of the volume of the illegal business.

　　Article 34 No person shall be permitted to engage in illegal activities related to traffic in， printing or reproducing representations of registered trademarks.

　　The administrative authority for industry and commerce shall force any person found in violation⁶³ of provisions outlined in the preceding paragraph to cease and desist from illegal activities and shall seize all representations of the trademark. In addition， in accordance with the seriousness of the case， the authority may impose a fine not exceeding 20% of the volume of his illegal business. The Trademark Office may cancel the registered trademark of any person found illegally selling representations of said registered trademark. Cases involving infringements⁶⁵ on the exclusive rights for a registered trademark shall be handled in accordance with provisions in Article 43 of the Rules.

　　Article 35 Trademark registrants authorizing any other person to use a registered trademark shall sign a trademark license⁶⁶ contract for such use. Both the licensor⁶⁷ and licensee shall， within three months of the consummation of a trademark license contract， submit a copy of said contract to the administrative authority for industry and commerce at the county level of his location for reference. The licensor shall submit a second copy of said contract to the Trademark Office for record， with the latter publishing same in the Trademark Gazette.

　　The administrative authority for industry and commerce at the reference location of the licensor or the licensee shall order any party found violating the provisions of the preceding paragraph to rectify the situation within a specified period. Should said party refuse to rectify the problem， the administrative authority for industry and commerce shall impose the prescribed fine and submit the case to the Trademark Office for cancellation of the registered trademark.

　　The administrative authority for industry and commerce at the licensee's reference location shall order any party found violating the provisions of Paragraph 2， Article 26 of the Trademark Law to rectify the situation within a specified period， and shall seize representations of the licensed⁶⁸ trademark of the licensee. In addition， in accordance with the seriousness of the case， may impose a fine not exceeding 50，000 RMB Yuan.

　　Article 36 Trademark registrants authorizing any other person to use a registered trademark shall ensure the licensee is qualified⁶⁹ in accordance with stipulations in Article 2 of the Rules.

　　In cases when licensors authorize⁷⁰ any other person to use a registered trademark with respect of any goods outlined in Article 7 of the Rules， licensee's shall， in accordance with Article 11 of the Rules， furnish the certifying papers issued by the competent authority concerned as an attachment³ thereto when submitting a copy of the contract to the administrative authority for industry and commerce for reference.

　　Article 37 When making a decision to cancel a registered trademark under the provisions of Article 30 or 31 of the Trademark Law or Article 28， 29， 31， 34 or 35 of the Rules， the Trademark Office shall provide the trademark registrant and the administrative authority for industry and commerce at the registrant's reference location with written notification.

　　Trademark registrants dissatisfied with the decision of the Trademark Office to cancel a registered trademark， may， within fifteen days of receipt of the notification of cancellation， apply for review by submitting an Application for Review of the Cancelled Trademark to the Trademark Review and Adjudication Board.

　　The Trademark Review and Adjudication Board shall render a final decision， and provide written notification to the trademark registrant and the administrative authority for industry and commerce at the registrant's reference location. The case will then be transferred to the Trademark Office for corresponding processing.

　　Article 38 Trademark registrants applying for removal of a registered trademark from the Trademark Register， shall submit an Application for Trademark Removal to the Trademark Office， and return the original Certificate of Trademark Registration thereto.

　　Article 39 The Trademark Office shall publish the cancellation or removals of all registered trademarks in the Trademark Gazette. Effective from the date of announcement of the cancellation or removal thereof， there shall be no further exclusive use rights to the trademark. Where a registered trademark is cancelled， the administrative authority for industry and commerce at the registrant's reference location shall recall the Certificate of Trademark Registration in question and transfer same to the Trademark Office.

　　Article 40 Interested parties dissatisfied with decisions made by the administrative authority for industry and commerce under the provisions of Chapter VI of the Trademark Law and Chapter V of the Rules may， within fifteen days of receipt of the notification of the decision， apply to the administrative authority for industry and commerce at the higher level for reconsideration of the decision. Said authority at the higher level shall render a decision within two months of receipt of the application for reconsideration. Interested parties dissatisfied with the reconsideration decision may， within fifteen days of receipt of the notification of the decision， institute legal proceedings⁷¹ in the people's court. In cases when no application for reconsideration has been filed， no legal proceedings instituted or there is no on-going performance related to the decision by the expiration of the specified period， the administrative authority for industry and commerce shall request that the relevant people's court execute compulsory⁷² action thereof.

　　Chapter VI Protection of Exclusive Rights to Use a Registered Trademark

　　Article 41 The following acts shall constitute infringements of the exclusive rights to use a registered trademark as referred to in Item （4） of Article 38 of the Trademark Law：

　　（1） Knowingly or otherwise dealing in goods which infringe⁵⁵ on the exclusive rights of another person to use a registered trademark；

　　（2） Using any word， phrase or device identical with， or similar to a registered trademark of another person used for same or similar goods， as the designation or design of goods which is sufficient to mislead the public； and

　　（3） Intentionally⁷³ providing any person with facilities related to storage， transportation， postal⁷⁴ services and concealment⁷⁵ which infringe on the exclusive rights of another person to use a registered trademark.

　　Article 42 In cases involving infringements on the exclusive rights of another person to use a registered trademark， any interested party may lodge⁷⁶ a complaint or report the case of infringement to the administrative authority for industry and commerce at or above the county level in the reference location of the in fringer or location of the actual act of infringement. The trademark registrant may otherwise institute legal proceedings directly with people's courts.

　　When determining infringements on the exclusive rights of a person to use a registered trademark， the administrative authority for industry and commerce may exercise the following functions and powers to investigate and obtain evidence：

　　（1） Conduct direct inquiries⁷⁷ with interested parties in the case；

　　（2） Inspect all articles related to the act of infringement， and when necessary order the confiscation⁷⁸ of same；

　　（3） Investigate all acts of infringement； and

　　（4） Examine or reproduce all contracts， accounts and any other commercial data connected with the act of infringement.

　　Interested parties are required to participate fully⁷⁹ when the administrative authority for industry and commerce exercises the functions and powers outlined in the preceding paragraph.

　　Article 43 The administrative authority for industry and commerce may take the following action to halt infringements on the exclusive rights of a person to use a registered trademark：

　　（1） Issue an order to immediately cease and desist from the sale of such goods；

　　（2） Seize and destroy illegal representations of the trademark in question；

　　（3） Order the counterfeit trademark be removed from remaining goods；

　　（4） Seize molds， plates and any other paraphernalia⁸⁰ directly related to infringements on the exclusive rights of a person to used a trademark； and

　　（5） Order and supervise the destruction of articles related to the infringement in cases where it is unable to halt acts of infringement according to measures outlined in the preceding four sub-paragraphs， or if it is impossible to separate the infringing trademark from the goods.

　　In cases when infringements of the exclusive right to use a registered trademark are not considered serious enough to constitute a crime， the administrative authority for industry and commerce may， in accordance with the seriousness of the case， impose a fine not exceeding 50% of the volume of the illegal business， or five times profits earned as a result of the infringement. With regard to representatives of an organization directly responsible for infringements on the exclusive rights of a person to use a registered trademark， the administrative authority for industry and commerce may， in accordance with the seriousness of the case， impose a fine not exceeding 10，000 RMB Yuan.

　　The administrative authority for industry and commerce may， at the request of the trademark registrant， order infringing party to pay compensation for damages suffered by the former. Interested parties dissatisfied therewith may institute legal proceedings with the relevant people's court.

　　Article 44 Interested parties dissatisfied with the decision made by the administrative authority for industry and commerce under the provisions of Paragraph 1 and 2 of the preceding article may， within fifteen days of receipt of the notification of the decision， apply to the administrative authority for industry and commerce at the higher level for reconsideration of the decision. Said authority at the higher level shall render a decision within two months of receipt of the application for reconsideration. Thereafter， interested parties dissatisfied with the reconsideration decision may， within fifteen days of receipt of the notification of the decision， institute legal proceedings with the relevant people' court. In cases when no application for reconsideration has been filed， no legal proceedings instituted， or there is no on-going performance related to the decision by the expiration of the specified period， the administrative authority for industry and commerce shall request that the relevant people's court execute compulsory action thereof.

　　Article 45 Where any person misrepresents the registered trademark of another person， any interested party may lodge a complaint with， or report the violation， to the administrative authority for industry and commerce， or appropriate procuratorial agency.

　　Complaints lodged⁸¹ or reports of the violation received by the administrative authority for industry and commerce shall be dealt with in accordance with provisions in Article 43 of the Rules. If cases are serious enough to constitute a crime， any person directly responsible for the infringement shall be prosecuted⁸² according to law by the responsible judicial⁸³ department.

　　Chapter VII Supplementary Provisions

　　Article 46 Parties applying for review under the provisions of Article 21， 22 or 35 of the Trademark Law or Article 23 or 25 of the Rules shall do it within the specified period. In cases involving extraordinary circumstances or for various other reasons deemed fair reasons， the interested party may request an extension of thirty days before the expiration of said period. The final decision for approval or disapproval⁸⁴， however， rests solely⁸⁵ with the Trademark Review and Adjudication Board.

　　Documents mailed or otherwise delivered by post shall be dated according to the date of the postmark. In cases when postmarks lack clarity， or there is no postmark， the date of receipt or the mailing date by the interested party respectively shall be twenty days after the Trademark Office dispatches or twenty days before the Trademark Office receives the document in question.

　　Article 47 Application forms for trademark registration or any other matters related to trademarks shall be prescribed and published by the State Administration for Industry and Commerce.

　　The schedule of fees with respect to applications for trademark registrations and for any other matters related to trademarks shall be prescribed and published by the State Administration for Industry and Commerce in accordance with the relevant state rules and regulations.

　　The Classification of Goods for the Purposes of the Registration of Trademarks shall be published by the State Administration for Industry and Commerce.

　　Article 48 Service marks in use prior to July 1， 1993， identical with， or similar to any registered service mark （other than a well-known service mark） of another party with respect to the same or similar services， may continue in accordance with relevant regulations issued by the State Administration for Industry and Commerce.

　　Article 49 The State Administration for Industry and Commerce shall be responsible for interpreting the Rules.

　　Article 50 The Rules shall enter into force on the date of promulgation⁸⁶ thereof.

上一篇：中华人民共和国农业技术推广法 下一篇：中华人民共和国商标法实施细则