(Adopted at the 24th Session of the Standing Committee of the Fifth National
People’s Congress on 23 August 1982, revised for the first time according to
the Decision on the Amendment of the Trademark Law of the People’s Republic
of China adopted at the 30th Session of the Standing Committee of the Seventh
National People’s Congress, on 22 February 1993, and revised for the second
time according to the Decision on the Amendment of the Trademark Law of
the People’s Republic of China adopted at the 24th Session of the Standing
Committee of the Ninth National People’s Congress on 27 October 2001.)
Chapter l General Provisions
Article 1 This Law is enacted for the purposes of improving the administration
of trademarks, protecting the exclusive right to use trademarks, and of
encouraging producers and operators to guarantee the quality of their goods
and services and maintaining the reputation of their trademarks, with a view to
protecting the interests of consumers, producers and operators and to
promoting the development of the socialist market economy.
Article 2 The Trademark Office of the administrative authority for industry and
commerce under the State Council shall be responsible for the registration and
administration of trademarks throughout the country.
The Trademark Review and Adjudication Board, established under the
administrative authority for industry and commerce under the State Council,
shall be responsible for handling matters of trademark disputes.
Article 3 Registered trademarks mean trademarks that have been approved and
registered by the Trademark Office, including trademarks, service marks,
collective marks and certification marks; the trademark registrants shall enjoy
the exclusive right to use the trademarks, and be protected by law.
Said collective marks mean sings which are registered in the name of bodies,
associations or other organizations to be used by the members thereof in their
commercial activities to indicate their membership of the organizations.
Said certification marks mean signs which are controlled by organizations
capable of supervising some goods or services and used by entities or individual
persons outside the organization for their goods or services to certify the origin,
material, mode of manufacture, quality or other characteristics of the goods or
services.
Regulations for the particular matters of registration and administration of
collective and certification marks shall be established by the administrative
authority for industry and commerce under the State Council.
Article 4 Any natural person, legal entity or other organization intending to
acquire the exclusive right to use a trademark for the goods produced,
manufactured, processed, selected or marketed by it or him, shall file an
application for the registration of the trademark with the Trademark Office.
Any natural person, legal entity or other organization intending to acquire the
exclusive right to use a service mark for the service provided by it or him, shall
file an application for the registration of the service mark with the Trademark
Office.
The provisions set forth in this Law concerning trademarks shall apply to
service marks.
Article 5 Two or more natural persons, legal entities or other organizations may
jointly file an application for the registration for the same trademark with the
Trademark Office, and jointly enjoy and exercise the exclusive right to use the
trademark.
Article 6 As for any of such goods, as prescribed by the State, that must bear a
registered trademark, a trademark registration must be applied for. Where no
trademark registration has been granted, such goods cannot be marketed.
Article 7 Any user of a trademark shall be responsible for the quality of the
goods in respect of which the trademark is used. The administrative authorities
for industry and commerce at different levels shall, through the administration
of trademarks, stop any practice that deceives consumers.
Article 8 In respect of any visual sign capable of distinguishing the goods or
service of one natural person, legal entity or any other organization from that
of others, including any word, design, letters of an alphabet, numerals, threedimensional symbol, combinations of colors, and their combination, an
application may be filed for registration.
Article 9 Any trademark in respect of which an application for registration is
filed shall be so distinctive as to be distinguishable, and shall not conflict with
any prior right acquired by another person.
A trademark registrant has the right to use the words of “registered trademark”
or a symbol to indicate that his trademark is registered.
Article 10 The following signs shall not be used as trademarks:
(1) those identical with or similar to the State name, national flag, national
emblem, military flag, or decorations, of the People’s Republic of China, with
names of the places where the Central and State organs are located, or with the
names and designs of landmark buildings;
(2) those identical with or similar to the State names, national flags, national
emblems or military flags of foreign countries, except that the foreign state
government agrees otherwise on the use;
(3) those identical with or similar to the names, flags or emblems or names, of
international intergovernmental organizations, except that the organizations
agree otherwise on the use or that it is not easy for the use to mislead the public;
(4) those identical with or similar to official signs and hallmarks, showing
official control or warranty by them, except that the use thereof is otherwise
authorized;
(5) those identical with or similar to the symbols, or names, of the Red Cross or
the Red Crescent;
(6) those having the nature of discrimination against any nationality;
(7) those having the nature of exaggeration and fraud in advertising goods; and
(8) those detrimental to socialist morals or customs, or having other unhealthy
influences.
The geographical names as the administrative divisions at or above the county
level and the foreign geographical names well known to the public shall not be
used as trademarks, but such geographical terms as have otherwise meanings
or are a part of collective marks/or a certification marks shall be exclusive.
Where a trademark using any of the above-mentioned geographical names has
been approved and registered, it shall continue to be valid.
Article 11 The following signs shall not be registered as trademarks:
(1) those only comprising generic names, designs or models of the goods in
respect of which the trademarks are used;
(2) those having direct reference to the quality, main raw materials, function,
use, weight, quantity or other features of the goods in respect of which the
trademarks are used; and
(3) those lacking distinctive features.
The signs under the preceding paragraphs may be registered as trademarks
where they have acquired the distinctive features through use and become
readily identifiable.
Article 12 Where an application is filed for registration of a three-dimensional
sign as a trademark, any shape derived from the goods itself, required for
obtaining the technical effect, or giving the goods substantive value, shall not
be registered.
Article 13 Where a trademark in respect of which the application for registration
is filed for use for identical or similar goods is a reproduction, imitation or
translation of another person’s trademark not registered in China and likely to
cause confusion, it shall be rejected for registration and prohibited from use.
Where a trademark in respect of which the application for registration is filed
FDR use for nonidentical or dissimilar goods is a reproduction, imitation or
translation of the well-known mark of another person that has been registered
in China, misleads the public and is likely to create prejudice to the interests of
the well-known mark registrant, it shall be rejected for registration and
prohibited from use.
Article 14 Account shall be taken of the following factors in establishment of a
well-known mark:
(l) reputation of the mark to the relevant public;
(2) time for continued use of the mark;
(3) consecutive time, extent and geographical area of advertisement of the mark;
(4) records of protection of the mark as a well-known mark; and
(5) any other factors relevant to the reputation of the mark.
Article 15 Where any agent or representative registers, in its or his own name,
the trademark of a person for whom it or he acts as the agent or representative
without authorization therefrom, and the latter raises opposition, the
trademark shall be rejected for registration and prohibited from use.
Article 16 Where a trademark contains a geographic indication of the goods in
respect of which the trademark is used, the goods is not from the region
indicated therein and it misleads the public, it shall be rejected for registration
and prohibited from use; however, any trademark that has been registered in
good faith shall remain valid.
The geographic indications mentioned in the preceding paragraph refer to the
signs that signify the place of origin of the goods in respect of which the signs
are used, their specific quality, reputation or other features as mainly decided
by the natural or cultural factors of the regions.
Article 17 Any foreign person or foreign enterprise intending to apply for the
registration of a trademark in China shall file an application in accordance with
any agreement concluded between the People’s Republic of China and the
country to which the applicant belongs, or according to the international treaty
to which both countries are parties, or on the basis of the principles of
reciprocity.
Article 18 Any foreign person or foreign enterprise intending to apply for the
registration of a trademark or for any other matters concerning a trademark in
China shall appoint any of such organizations as designated by the State to act
as its or his agent.
Chapter II Application for Trademark Registration
Article 19 An applicant for the registration of a trademark shall, in a form,
indicate, in accordance with the prescribed classification of goods, the class of
the goods and the designation of the goods in respect of which the trademark is
to be used.
Article 20 Where any applicant for registration of a trademark intends to use
the same trademark for goods in different classes, an application for
registration shall be filed in respect of each class of the prescribed classification
of goods.
Article 21 Where a registered trademark is to be used in respect of other goods
of the same class, a new application for registration shall be filed.
Article 22 Where the sign of a registered trademark is to be altered, a new
registration shall be applied for.
Article 23 Where, after the registration of a trademark, the name, address or
other registered matters concerning the registrant change, an application
regarding the change shall be filed.
Article 24 Any applicant for the registration of a trademark who files an
application for registration of the same trademark for identical goods in China
within six months from the date of filing the first application for the trademark
registration overseas may enjoy the right of priority in accordance with any
agreement concluded between the People’s Republic of China and the country
to which the applicant belongs, or according to the international treaty to which
both countries are parties, or on the basis of the principle whereby each
acknowledges the right of priority of the other.
Anyone claiming the right of priority according to the preceding paragraph shall
make a statement in writing when it or he files the application for the trademark
registration, and submit, within three months, a copy of the application
documents it or he first filed for the registration of the trademark; where the
applicant fails to make the claim in writing or submit the copy of the application
documents within the time limit, the claim shall be deemed not to have been
made for the right of priority.
Article 25 Where a trademark is first used for goods in an international
exhibition on sponsored or recognized by me Chinese Government, the
applicant for the registration of the trademark may enjoy the right of priority
within six months from the date of exhibition of the goods.
Anyone claiming the right of priority according to the preceding paragraph shall
make a claim in writing when it or he files the application for the registration of
the trademark, and submit, within three months, documents showing the title
of the exhibition in which its or his goods was displayed, proof that the
trademark was used for the goods exhibited, and the date of exhibition; where
the claim is not made in writing, or the proof documents not submitted within
the time limit, the claim shall be deemed not to have been made for the right of
priority.
Article 26 The matters reported and materials submitted in the application for
trademark registration shall be true, accurate and complete.
Chapter lII Examination for and Approval of Trademark
Registration
Article 27 Where a trademark the registration of which has been applied for is
in conformity with the relevant provisions of this Law, the Trademark Office
shall, after examination, preliminarily approve the trademark and publish it.
Article 28 Where a trademark the registration of which has been applied for is
not in conformity with the relevant provisions of this Law, or it is identical with
or similar to the trademark of another person that has, in respect of the same
or similar goods, been registered or, after examination, preliminarily approved,
the Trademark Office shall refuse the application and shall not publish the said
trademark.
Article 29 Where two or more applicants apply for the registration of identical
or similar trademarks for the same or similar goods, the preliminary approval,
after examination, and the publication shall be made for the trademark which
was first filed. Where applications are filed on the same day, the preliminary
approval, after examination, and the publication shall be made for the
trademark which was the earliest used, and the applications of the others shall
be refused and their trademarks shall not be published.
Article 30 Any person may, within three months from the date of the
publication, file an opposition against the trademark that has, after
examination, been preliminarily approved. If no opposition has been filed after
the expiration of the time limit from the publication, the registration shall be
approved, a certificate of trademark registration shall be issued and the
trademark shall be published.
Article 31 An application for the registration of a trademark shall not create any
prejudice to the prior right of another person, nor unfair means be used to preemptively register the trademark of some reputation another person has used.
Article 32 Where the application for registration of a trademark is refused and
no publication of the trademark is made, the Trademark Office shall notify the
applicant of the same in writing. Where the applicant is dissatisfied, he may,
within fifteen days from receipt of the notice, file an application with the
Trademark Review and Adjudication Board for a review. The Trademark
Review and Adjudication Board shall make a decision and notify ‘the applicant
in writing.
Any interested party who is not satisfied with the decision made by the
Trademark Review and Adjudication Board may, within thirty days from
receipt of the notice, institute legal proceedings in the People’s Court.
Article 33 Where an opposition is filed against the trademark that has, after
examination, been preliminarily approved and published, the Trademark Office
shall hear both the opponent and applicant state facts and grounds, and shall,
after investigation and verification, make a decision. Where any party is
dissatisfied, it or he may within fifteen days from receipt of the notification,
apply for a re-examination, and the Trademark Review and Adjudication Board
shall make a decision and notify both the opponent and applicant in writing.
Any interested party who is not satisfied with the decision made by the
Trademark Review and Adjudication Board within thirty days from the date of
receipt of the notice, may institute legal proceedings in the People’s Court. The
People’s Court shall notify the other party to the trademark re-examination
proceeding to be a third party to the litigation.
Article 34 Where the interested party does not, within the statutory time limit,
apply for the re-examination of the adjudication by the Trademark Office or
does not institute legal proceedings in respect of the adjudication by the
Trademark Review and Adjudication Board, the adjudication takes effect.
Where the opposition cannot be established upon adjudication, the registration
shall be approved, a certificate of trademark registration shall be issued and the
trademark shall be published; where the opposition is established upon
adjudication, the registration shall not be approved.
Where the opposition cannot be established upon adjudication, but the
registration is approved, the time of the exclusive right the trademark
registration applicant has obtained to use the trademark is counted from the
date on which the three months expires from the publication of the preliminary
examination.
Article 35 Any application for trademark registration and trademark reexamination shall be examined in due course.
Article 36 Where any trademark registration applicant or registrant finds any
obvious errors in the trademark registration documents or application
documents, it or he may apply for correction thereof The Trademark Office shall
ex officio make the correction according to law and notify the interested party
of the correction.
The error correction mentioned in the preceding paragraph shall not relate to
the substance of the trademark registration documents or application
documents.
Chapter IV Renewal, Assignment and Licensing of Registered
Trademarks
Article 37 The period of validity of a registered trademark shall be ten years,
counted from the date of approval of the registration.
Article 38 Where the registrant intends to continue to use the registered
trademark beyond the expiration of the period of validity, an application for
renewal of the registration shall be made within six months before the said
expiration. Where no application therefore has been filed within the said period,
a grace period of six months may be allowed. If no application has been filed at
the expiration the grace period, the registered trademark shall be canceled.
The period of validity of each renewal of registration shall be ten years.
Any renewal of registration shall be published after it as been approved.
Article 39 Where a registered trademark is assigned, the assignor and assignee
shall conclude a contract for the assignment, and jointly file an application with
the trademark Office. The assignee shall guarantee the quality of the goods in
respect of which the registered trademark is used.
The assignment of a registered trademark shall be published after it has been
approved, and the assignee enjoys the exclusive right to use the trademark from
the date of publication.
Article 40 Any trademark registrant may, by signing a trademark license
contract, authorize other persons to use his registered trademark. The licenser
shall supervise the quality of the goods in respect of which the licensee uses his
registered trademark, and the licensee shall guarantee the quality of the goods
in respect of which the registered Trademark is used.
Where any party is authorized to use a registered trademark of another person,
the name of the licensee and the origin of the goods must be indicated on the
goods that bear the registered trademark.
The trademark license contract shall be submitted to the Trademark Office for
record.
Chapter V Adjudication of Disputes Concerning Registered
Trademarks
Article 41 Where a registered trademark stands in violation of the provisions of
Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired
by fraud or any other unfair means, the Trademark Office shall cancel the
registered trademark in question; and any other organization or individual may
request the Trademark Review and Adjudication Board to make an adjudication
to cancel such a registered trademark.
Where a registered trademark stands in violation of the provisions of Articles
13, 15, 16 and 31 of this Law, any other trademark owner concerned or
interested party may, within five years from the date of the registration of the
trademark, file a request with the Trademark Review and Adjudication Board
for adjudication to cancel the registered trademark. Where a well-known mark
is registered in bad faith, the genuine owner thereof shall not be restricted by
the five-year limitation.
In addition to those cases as provided for in the preceding two paragraphs, any
person disputing a registered trademark may, within five years from the date of
approval of the trademark registration, apply to the Trademark Review and
Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after receipt of the
application for adjudication, notify the interested parties and request them to
respond with arguments within a specified period.
Article 42 Where a trademark, before its being approved for registration, has
been the object of opposition and decision, no application for adjudication may
be filed based on the same facts and grounds.
Article 43 After the Trademark Review and Adjudication Board has made an
adjudication either to maintain or to cancel a registered trademark, it shall
notify the interested parties of the same in writing.
Any interested party who is dissatisfied with the adjudication made by the
Trademark Review and Adjudication Board may, within thirty days from the
date of receipt of the notice, institute legal proceedings in the People’s Court.
The People’s Court shall notify the other party of the trademark adjudication
proceeding to be a third party to the legal proceedings.
Chapter Vl Administration of the Use of Trademarks
Article 44 Where any person who uses a registered trademark has committed
any of the following, the Trademark Office shall order him to rectify the
situation within a specified period or even cancel the registered trademark:
(1) where a registered trademark is altered unilaterally (that is, without the
required registration);
(2) where the name, address or other registered matters concerning the
registrant of a registered trademark are changed unilaterally (that is, without
the required application );
(3) where the registered trademark is assigned unilaterally (that is, without the
required approval); or
(4) where the use of the registered trademark has ceased for three consecutive
years.
Article 45 Where a registered trademark is used in respect of the goods that
have been roughly or poorly manufactured, or whose superior quality has been
replaced by inferior quality, so that consumers are deceived, the administrative
authorities for industry and commerce at different levels shall, according to the
circumstances, order rectification of the situation within a specified period, and
may, in addition, circulate a notice of criticism or impose a fine, and the
Trademark Office may even cancel the registered trademark.
Article 46 Where a registered trademark has been canceled or has not been
renewed at the expiration, the Trademark Office shall, during one year from the
date of the cancellation or removal thereof, approve no application for the
registration of a trademark that is identical with or similar to the said trademark.
Article 47 Where any person violates the provisions of Article 6 of this Law, the
local administrative authority for industry and commerce shall order him to file
an application for the registration within a specified period, and may, in
addition, impose a fine.
Article 48 Where any person who uses an unregistered trademark has
committed any of the following, the local administrative authority for industry
and commerce shall stop the use of the trademark, order him to rectify the
situation within a specified period, and may, in addition, circulate a notice of
criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated; or
(3) where the manufacture is of rough or poor quality, or where superior quality
is replaced by inferior quality, so that consumers are deceived.
Article 49 Any party dissatisfied with the decision of the Trademark Office to
cancel a registered trademark may, within fifteen days from receipt of the
corresponding notice, apply for a review. The Trademark Review and
Adjudication Board shall make a decision and notify the applicant in writing.
Any interested party dissatisfied with the decision by the Trademark Review
and Adjudication Board may, within thirty days from the date of receipt of the
notice, institute legal proceedings in the People’s Court.
Article 50 Any party dissatisfied with the decision of the administrative
authority for industry and commerce to impose a fine under the provisions of
Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the
corresponding notice, institute legal proceedings with the People’s Court. If
there have been instituted no legal proceedings or made no performance of the
decision at the expiration of the said period, the administrative authority for
industry and commerce may request the People’s Court for compulsory
execution thereof.
Chapter VII Protection of the Exclusive Rights to Use Registered
Trademarks
Article 51 The exclusive right to use a registered trademark is limited to the
trademark which has been approved for registration and to the goods in respect
of which the use of the trademark has been approved.
Article 52 Any of the following acts shall be an infringement of the exclusive
right to use a registered trademark:
(1) to use a trademark that is identical with or similar to a registered trademark
in respect of the identical or similar goods without the authorization from the
trademark registrant;
(2) to sell goods that he knows bear a counterfeited registered trademark;
(3) to counterfeit, or to make, without authorization, representations of a
registered trademark of another person, or to sell such representations of a
registered trademark as were counterfeited, or made without authorization;
(4) to replace, without the consent of the trademark registrant, its or his
registered trademark and market again the goods bearing the replaced
trademark; or
(5) to cause, in other respects, prejudice to the exclusive right of another person
to use a registered trademark.
Article 53 Where any party has committed any of such acts to infringe the
exclusive right to use a registered trademark as provided for in Article 52 of this
Law and has caused a dispute, the interested parties shall resolve the dispute
through consultation; where they are reluctant to resolve the matter through
consultation or the consultation fails, the trademark registrant or interested
party may institute legal proceedings in the People’s Court or request the
administrative authority for industry and commerce for actions. Where it is
established that the infringing act is constituted in its handling the matter, the
administrative authority for industry and commerce handling the matter shall
order the infringer to immediately stop the infringing act, confiscate and
destroy the infringing goods and tools specially used for the manufacture of the
infringing goods and for counterfeiting the representations of the registered
trademark, and impose a fine. Where any interested party is dissatisfied with
decision on handling the matter, it or he may, within fifteen days from the date
of receipt of the notice, institute legal proceedings in the People’s Court
according to the Administrative Procedure Law of the People’s Republic of
China. If there have been instituted no legal proceedings or made on
performance of the decision at the expiration of the said period, the
administrative authority for industry and commerce shall request the People’s
Court for compulsory execution thereof. The administrative authority for
industry and commerce handling the matter may, upon the request of the
interested party, medicate on the amount of compensation for the infringement
of the exclusive right to use the trademark; where the medication fails, the
interested party may institute legal proceedings in the People’s Court according
to the Civil Procedure Law of the People’s Republic of China.
Article 54 The administrative authority for industry and commerce has the
power to investigate and handle any act of infringement of the exclusive right
to use a registered trademark according to law; where the case is so serious as
to constitute a crime, it shall be transferred to the judicial authority for handling.
Article 55 When investigating and handling an act suspected of infringement of
a registered trademark, the administrative authority for industry and
commerce at or above the county level may, according to the obtained evidence
of the suspected violation of law or informed offense, exercise the following
functions and authorities:
(1) to inquire of the interested parties involved, and to investigate the relevant
events of the infringement of the exclusive right to use the trademark;
(2) to read and make copy of the contract, receipts, account books and other
relevant materials of the interested parties relating to the infringement;
(3) to inspect the site where the interested party committed the alleged
infringement of the exclusive right to use the trademark; and
(4) to inspect any articles relevant to the infringement; any articles that prove
to have been used for the infringement of another person’s exclusive right to
use the trademark may be sealed up or seized.
When the administrative authority for industry and commerce exercises the
preceding functions and authorities, the interested party shall cooperate and
help, and shall not refuse to do so or stand in the way.
Article 56 The amount of damages shall be the profit that the infringer has
earned because of the infringement in the period of the infringement or the
injury that the infringed has suffered from the infringement in the period of the
infringement, including the appropriate expenses of the infringed for stopping
the infringement.
Where it is difficult to determine the profit that the infringer has earned because
of the infringement in the period of the infringement or the injury that the
infringed has suffered from the infringement in the period of the infringement,
the People’s Court shall impose an amount of damages of no more than RMB
500, 000 yuan according to the circumstances of the infringement.
Anyone who sells a goods that it or he does not know has infringed the exclusive
right to use a registered trademark, and is able to prove that it or he has
obtained the goods legitimately and indicates the supplier thereof shall not bear
the liability for damages.
Article 57 Where a trademark registrant or interested party who has evidence
to show that another person is committing or will commit an infringement of
the right to use its or his registered trademark, and that failure to promptly stop
the infringement will cause irreparable damages to its or his legitimate rights
and interests, it or he may file an application with the People’s Court to order
cessation of the relevant act and to take measures for property preservation
before instituting legal proceedings in the People’s Court.
The People’s Court handling the application under the preceding paragraph
shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law
of the People’s Republic of China.
Article 58 In order to stop an infringing act, any trademark registrant or
interested party may file an application with the People’s Court for preservation
of the evidence before instituting legal proceedings in the People’s Court where
the evidence will possibly be destroyed or lost or difficult to be obtained again
in the future. The People’s Court must make adjudication within forty-eight
hours after receipt of the application; where it is decided to take the preservative
measures, the measures shall be executed immediately. The People’s Court may
order the applicant to place guarantee; where the applicant fails to place the
guarantee, the application shall be rejected.
Where the applicant institutes no legal proceedings within fifteen days after the
People’s Court takes the preservative measures, the People’s Court shall release
the measures taken for the preservation.
Article 59 Where any party uses, without the authorization from the trademark
registrant, a trademark identical with a registered trademark, and the case is so
serious as to constitute a crime, he shall be prosecuted, according to law, for his
criminal liabilities in addition to his compensation for the damages suffered by
the infringed.
Where any party counterfeits, or makes, without authorization, representations
of a registered trademark of another person, or sells such representations of a
registered trademark as were counterfeited, or made without authorization,
and the case is so serious as to constitute a crime, he shall be prosecuted,
according to law, for his criminal liabilities in addition to his compensation for
the damages suffered by the infringed.
Where any party sells goods that he knows bear a counterfeited registered
trademark, and the case is so serious as to constitute a crime, he shall be
prosecuted, according to law, for his criminal liabilities in addition to his
compensation for the damages suffered by the infringed.
Article 60 The State functionaries for the registration, administration and reexamination of trademarks must handle cases according to law, be
incorruptible and disciplined, devoted to their duties and courteous and honest
in their provision of service.
The State functionaries of the Trademark Office and the Trademark Review and
Adjudication Board and those working for the registration, administration and
re-examination of trademarks shall not practice as trademark agent and engage
in any activity to manufacture and market goods.
Article 61 The administrative authority for industry and commerce shall
establish and amplify its internal supervision system to supervise and inspect
the State functionaries for the registration, administration and re-examination
of trademarks in their implementation of the laws and administrative
regulations and in their observation of the discipline.
Article 62 Where any State functionary for the registration, administration and
re-examination of trademarks neglects his duty, abuses his power, engages in
malpractice for personal gain, handles the registration, administration and reexamination of trademarks in violation of law, accepts money or material
wealth from any interested party or seeks illicit interest, which constitutes a
crime, he or she shall be prosecuted for his or her criminal liability. If the case
is not serious enough to constitute a crime, he or she shall be given disciplinary
sanction according to law.
Chapter VIII Supplementary Provisions
Article 63 Any application for a trademark registration and for other matters
concerning a trademark shall be subject to payment of the fees as prescribed.
The schedule of fees shall be prescribed separately.
Article 64 This Law shall enter into force on March l, l983. The “Regulations
Governing Trademarks” promulgated by the State Council on April 10, l963
shall be abrogated on the same date, and any other provisions concerning
trademarks contrary to this Law shall cease to be effective at the same time.
Trademarks registered before this Law enters into force shall continue to be
valid.
(All information published in this website is authentic in Chinese. English is
provided for reference only. )