(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 I. 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 organisations to be
used by the members thereof in their commercial activities to
indicate their membership of the organisations.
Said certification marks mean signs which are controlled by
organisations capable of supervising some goods or services
and used by entities or individual persons outside the
organisation 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
organisation 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 organisation
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 organisations 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 organisation from that of others,
including any word, design, letters of an alphabet, numerals,
three-dimensional symbol, combinations of colours, 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
organisations, except that the organisations 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 authorised;
(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 for use for non-identical 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:
(1) 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
authorisation 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 organisations 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 sponsored or recognised
by the 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 III. 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 pre-emptively
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 reexamination,
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
reexamination 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 reexamination
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.
Article 37. The period of validity of a registered
trademark shall be ten years, counted from the date of
approval of the registration.
Chapter IV. Renewal, Assignment and Licensing of
Registered Trademarks
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 therefor 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 of
the grace period, the registered trademark shall be cancelled.
The period of validity of each renewal of registration
shall be ten years.
Any renewal of registration shall be published after it has
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, authorise other persons to use
his registered trademark. The licensor 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 authorised 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
organisation 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 VI. 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
cancelled 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 authorisation from the trademark registrant;
(2) to sell goods that he knows bear a counterfeited
registered trademark;
(3) to counterfeit, or to make, without authorisation,
representations of a registered trademark of another person,
or to sell such representations of a registered trademark as
were counterfeited, or made without authorisation;
(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 consulation; where they are reluctant to
resolve the matter through consulation 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 decesion 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 offence, 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 infringee has suffered from the infringement in the
period of the infringement, including the appropriate expenses
of the infringee 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 infringee 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
guaranty; where the applicant fails to place the guaranty, 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
authorisation 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 infringee.
Where any party counterfeits, or makes, without
authorisation, representations of a registered trademark of
another person, or sells such representations of a registered
trademark as were counterfeited, or made without authorisation,
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 infringee.
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 infringee.
Article 60. The State functionaries for the
registration, administration and reexamination of trademarks
must handle cases according to law, be incorruptable 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 reexamination 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
reexamination 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 reexamination 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
1, 1983. The "Regulations Governing Trademarks" promulgated by
the State Council on April 10, 1963 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.
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