2002年8月3日，中华人民共和国商标法实施条例 （中华人民共和国国务院令第358号公布）， 中国

Regulations for the Implementation of the Trademark Law of the People’s Republic of

China (Promulgated by Decree No.358 of the State Council of the People’s Republic of China

on August 3, 2002, and effective as of September 15, 2002)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Trademark Law of

the People’s Republic of China (hereinafter referred to as the Trademark Law).

Article 2 Provisions regarding the goods trademarks in these Regulations shall apply to

service marks.

Article 3 The use of a trademark, as referred to in the Trademark Law and these

Regulations, shall include the use of the trademark on goods, packages or containers of the

goods or in trading documents, and the use of the trademark in advertising, exhibition or any

other business activities.

Article 4 Goods on which the State requires the use of a registered trademark, as

mentioned in Article 6 of the Trademark Law, refer to those on which a registered trademark

must be used as required by laws or administrative regulations.

Article 5 Where a dispute arises in the procedures of trademark registration or

trademark review and adjudication and the party concerned believes that its trademark

constitutes a well-known trademark, it may, in accordance with the provisions of the

Trademark Law and these Regulations, request the Trademark Office or the Trademark

Review and Adjudication Board to determine whether its trademark constitutes a well-known

trademark or not and to refuse the application for trademark registration which is in violation

of the provisions of Article 13 of the Trademark Law or to cancel the trademark registration

which is in violation of the provisions of Article 13 of the Trademark Law. When an

application for this purpose is filed, the party concerned shall submit evidence to prove that

its trademark constitutes a well-known trademark.

At the request of the party, the Trademark Office or the Trademark Review and

Adjudication Board shall, on the basis of ascertaining the facts, determine whether its

trademark is a well-known one or not in accordance with the provisions of Article 14 of the

Trademark Law.

Article 6 For geographical indications referred to in Article 16 of the Trademark Law,

applications may be filed to register them as certification marks or collective marks under the

provisions of the Trademark Law and these Regulations.

Where a geographical indication is registered as a certification mark, any natural

person, legal person or other organization whose goods satisfy the conditions under which the

geographical indication is used may request the use of the certification mark, and the

organization in control of such certification mark shall permit the use. Where a geographical

indication is registered as a collective mark, any natural person, legal person or other

organization whose goods satisfy the conditions under which the geographical indication is

used may request the membership of the society, association or any other organization that

has the geographical indication registered as a collective mark, and the society, association or

any other organization shall accept the membership in accordance with its articles of

association; those who do not request the membership of the society, association or any other

organization that has the geographical indication registered as a collective mark may

legitimately use the geographical indication, and the society, association or any other

organization is not entitled to prohibit such use.

Article 7 Where a party entrusts a trademark agency with the application for

registration of a trademark or with the handling of other trademark matters, a Power of

Attorney shall be submitted. The Power of Attorney shall state the contents and the scope of

powers; the Power of Attorney of a foreigner or foreign enterprise shall also state the

nationality of the principal.

Procedures for notarizing and authenticating the Power of Attorney and certifying

documents relating thereto of a foreigner or foreign enterprise shall be undertaken based on

the principle of reciprocity.

As mentioned in Article 18 of the Trademark Law, a foreigner or foreign enterprise

refers to a foreigner or foreign enterprise having no habitual residence or place of business in

China.

Article 8 The Chinese language shall be used in applying for trademark registration or

handling other trademark matters.

Where any certificate, certifying document or evidence submitted in accordance with

the provisions of the Trademark Law and these Regulations is written in a foreign language, a

Chinese translation shall be attached thereto; if no Chinese translation is attached, it shall be

deemed that the certificate, certifying document or evidence has never been submitted.

Article 9 In any of the following situations, a staff member of the Trademark Office or

the Trademark Review and Adjudication Board shall voluntarily recuse himself, and a party

or an interested person may demand his recusal:

(1) if he is a party, or a close relative of a party or an agent;

(2) if he has any other relation with a party or an agent that may affect impartiality; or

(3) if he has an interest with the application for trademark registration or the handling

of other trademark matters.

Article 10 Except as otherwise provided in these Regulations, the date on which a

party submits documents or papers to the Trademark Office or the Trademark Review and

Adjudication Board shall be the date of delivery if the documents or papers are submitted in

person, or be the mailing date indicated by the postmark if they are sent by mail, or, if the

mailing date indicated by the postmark is illegible or there is no postmark, be the date on

which all of the papers or documents are received in the Trademark Office or the Trademark

Review and Adjudication Board, except if the party can provide evidence of the exact date

indicated by the postmark.

Article 11 The documents of the Trademark Office or the Trademark Review and

Adjudication Board may be sent to a party by mail, in person or by other means. Where the

party entrusts a trademark agency, the documents shall be considered served on the party

once they are delivered to the trademark agency.

The date of service of any document on a party by the Trademark Office or the

Trademark Review and Adjudication Board shall, if the document is sent by mail, be the

receiving date indicated by the postmark on which the document is received; if the receiving

date indicated by the postmark is illegible or there is no postmark, the document shall be

considered served on the party 15 days after the date on which the document is sent. If the

document is delivered in person, the date of service shall be the date on which the document

is delivered. If the document cannot be sent by mail or delivered in person, it may be served

on the party by means of public notice, and the service of the document shall be considered

completed 30 days after the date on which the public notice is issued.

Article 12 Applications for international registration of trademarks shall be dealt with

in accordance with the relevant international treaties to which China has acceded. The

specific measures therefor shall be formulated by the authority of administration for industry

and commerce under the State Council.

Chapter II Application for Trademark Registration

Article 13 Anyone who applies for registration of a trademark shall file an application

based on the categories in the published Classification of Goods and Services. For each

application for registration of a trademark, the applicant shall submit to the Trademark Office

one copy of the Application for Trademark Registration and five copies of reproductions of

the trademark; if color or colors is or are designated, five copies of colored reproductions of

the trademark and one copy of the black and white design shall be submitted.

The reproductions of a trademark must be clear, easy to be pasted up, printed on

smooth and clear durable paper or use photographs as a substitute, and the length and breadth

of which shall be not more than ten centimeters and not less than five centimeters each.

If applying for the registration of a three-dimensional sign as a trademark, the applicant

shall make a statement in the application, and submit a reproduction thereof by which the

three-dimensional shape can be determined.

If applying for the registration of the combination of colors as a trademark, the

applicant shall make a statement in the application, and submit the descriptions thereof.

If applying for the registration of a collective mark or a certification mark, the

applicant shall make a statement in the application, and submit the documents certifying the

qualifications of the subjects and the rules on the administration of the use of the mark.

Where a trademark is, or consists of, foreign words, their Chinese meanings shall be

indicated.

Article 14 When applying for the registration of a trademark, the applicant shall submit

a duplicated copy of the valid credentials that can certify its identity. The name in which the

applicant has filed the application for trademark registration shall be consistent with that

shown in the credentials submitted.

Article 15 The goods or services shall be listed as specified in the Classification of

Goods and Services; where any goods or services are not included in the Classification of

Goods and Services, a description of the goods or services in question shall be attached to the

application.

Applications for trademark registration and other related documents shall be

typewritten or printed.

Article 16 Where an application is jointly filed for the registration of a trademark, a

representative shall be designated in the application; if no representative is designated, the

first person in order in the application shall be the representative.

Article 17 Where an applicant modifies its name, address, agent, or deletes the goods

designated, it may go through the formalities of modification with the Trademark Office.

Where an applicant assigns an application for trademark registration, it shall go

through the formalities of assignment with the Trademark Office.

Article 18 The filing date of an application for trademark registration shall be the date

on which the application documents are received by the Trademark Office. Where the

application formalities are complete and the application documents are filled in as required,

the Trademark Office shall accept the application and notify the applicant in writing. Where

the application formalities are not complete and the application documents are not filled in as

required, the Trademark Office shall not accept the application and shall notify the applicant

in writing and give the reasons therefor.

Where the application formalities are basically complete or the application documents

are basically in compliance with the provisions, but there is a need for supplements or

amendments, the Trademark Office shall notify the applicant to make supplements or

amendments, requesting it to make supplements or amendments to the specified parts and

deliver them back to the Trademark Office within 30 days from the date of receipt of the

notification. Where the supplements or amendments are made and delivered back to the

Trademark Office within the specified time limit, the filing date shall be retained; where no

supplements or amendments are made at the expiration of the specified time limit, the

application shall be considered abandoned and the Trademark Office shall notify the

applicant in writing.

Article 19 Where two or more applicants apply respectively on the same day for the

registration of identical or similar trademarks in respect of the same or similar goods, both or

all of the applicants shall, within 30 days from the date of receipt of the notification of the

Trademark Office, submit the evidence of prior use of such trademarks before applying for

registration. Where the use started on the same day or none is yet in use, both or all of the

applicants may, within 30 days from the date of receipt of the notification of the Trademark

Office, conduct consultations on their own and submit a written agreement to the Trademark

Office; if they are not willing to conduct consultations or they fail to reach an agreement

through consultations, the Trademark Office shall notify both or all of the applicants to

determine one of them by drawing lots and refuse the applications for registration filed by

others. Where an applicant has been notified by the Trademark Office but fails to participate

in the drawing of lots, the application filed by such an applicant shall be considered

abandoned, and the Trademark Office shall notify the applicant in writing who does not

participate in the drawing of lots.

Article 20 Where a priority is claimed in accordance with the provisions of Article 24

of the Trademark Law, the copies of the application documents submitted by the applicant for

the first time for registering the trademark in question shall be certified by the competent

trademark authority which accepts the said application, and the filing date and serial number

of the application shall be indicated.

Where a priority is claimed in accordance with the provisions of Article 25 of the

Trademark Law, the certifying documents submitted by the applicant shall be authenticated

by the institution specified by the authority of administration for industry and commerce

under the State Council, except that the international exhibition on which the applicant’s

goods are displayed is held within Chinese territory.

Chapter III Examination of Applications for Trademark Registration

Article 21 The Trademark Office shall, in accordance with the relevant provisions of

the Trademark Law and these Regulations, examine the applications for trademark

registration it has accepted, granting preliminary approval to those that are in compliance

with the provisions and to the applications for the registration of trademarks used on some of

the designated goods that are in compliance with the provisions, and publishing them; the

application that is not in compliance with the provisions and the application for the

registration of a trademark used on some of the designated goods that is not in compliance

with the provisions shall be refused, the applicant shall be notified in writing and the reasons

therefor shall be given.

Where the Trademark Office grants preliminary approval to an application for the

registration of a trademark used on some of the designated goods, the applicant may, before

the date on which the opposition period expires, apply to abandon the application for the

registration of the trademark used on some of the designated goods; where the applicant

abandons the application for the registration of a trademark used on some of the designated

goods, the Trademark Office shall withdraw the previous preliminary approval, terminate the

examination proceedings and republish it.

Article 22 Where an opposition is filed against a trademark which has been

preliminarily approved and published by the Trademark Office, the opponent shall submit in

duplicate an Application for Trademark Opposition to the Trademark Office. The Application

for Trademark Opposition shall specify both the issue number of the Trademark Gazette in

which the opposed trademark is published and the number of the preliminary approval. The

Application for Trademark Opposition shall state the requests and grounds in plain terms, and

the relevant evidence shall be attached thereto.

The Trademark Office shall promptly send a copy of the Application for Trademark

Opposition to the opposed party, who shall be requested to make a response within 30 days

from the date of receipt of the copy of the Application for Trademark Opposition. If the

opposed party fails to make a response, it shall not affect the Trademark Office’s ruling of the

opposition.

Where a party needs to supplement related evidence after filing an application of

opposition or making a response, it shall make a statement for this purpose in the application

or in the response made in writing, and submit the said evidence within three months from

the date on which the application is filed or the response is made in writing; if no evidence is

submitted at the expiry of the time limit, the party shall be considered given up the

supplementing of related evidence.

Article 23 A justified opposition referred to in the second paragraph of Article 34 of

the Trademark Law shall include the opposition that is justified for some of the designated

goods. If an opposition is justified for some of the designated goods, the application for the

registration of the trademark on this part of the designated goods shall not be approved.

Where an opposed trademark is already published as a registered trademark prior to

the entry into force of the ruling on the opposition, the publishing of the registration shall be

canceled, and the trademark the registration of which has been approved upon the ruling of

the opposition shall be republished.

Where the registration of a trademark has been approved upon the ruling of an

opposition, from the date of expiration of the opposition period to the date of entry into force

of the ruling on the opposition, it shall have no retroactive effect on the use by another party

of the marks that are identical or similar to the said trademark on the same or similar goods.

However, the user shall make compensation for any loss suffered by the trademark registrant

as a result of the user’s bad faith.

Where the registration of a trademark has been approved upon the ruling of an

opposition, the period for filing an application for review and adjudication thereof shall be

counted from the date on which the ruling on the opposition to the said trademark is

published.

Chapter IV Modification, Assignment and Renewal of Registered Trademarks

Article 24 Where the name or address of a trademark registrant or any other

registration matter is to be modified, the applicant shall submit an application for

modification to the Trademark Office. The Trademark Office shall, upon approval, issue a

corresponding certification to the trademark registrant and publish the modification; if no

approval is granted, the applicant shall be notified in writing and the reasons therefor shall be

given.

Where the name of a trademark registrant is to be modified, the modification

certification issued by the relevant registration authorities shall be also submitted. If the

modification certification is not submitted, it may be submitted within 30 days from the date

on which the application is filed; if it is not submitted at the expiry of the time limit, the

application for modification shall be considered abandoned and the Trademark Office shall

notify the applicant in writing.

Where the name or address of a trademark registrant is to be modified, the trademark

registrant shall make the modification in respect of all its registered trademarks in a lump; if

they are not so modified, the application for modification shall be considered abandoned and

the Trademark Office shall notify the applicant in writing.

Article 25 When a registered trademark is to be assigned, both the assignor and

assignee shall jointly send an application for assignment of the registered trademark to the

Trademark Office. The assignee shall go through the formalities for the application for

assignment of the registered trademark. The Trademark Office shall, upon approval of the

application for assignment of the registered trademark, issue the assignee a corresponding

certification and publish the assignment.

Where a registered trademark is to be assigned, the trademark registrant shall assign

in a lump all of its trademarks that are identical or similar to each other in respect of the same

or similar goods; if they are not so assigned, the Trademark Office shall notify it to rectify the

situation within a specified time limit; if it fails to ratify it at the expiry of the said time limit,

the application for assignment of the registered trademark shall be considered abandoned, and

the Trademark Office shall notify the applicant in writing.

With respect to applications for the assignment of registered trademarks, which may

produce misleading, confusing or other adverse effects, the Trademark Office shall refuse

them, and shall notify the applicants in writing and give the reasons therefor.

Article 26 Where the exclusive right to use a registered trademark is transferred due

to the reasons other than assignment, the party who accepts the transfer of the exclusive right

to use the registered trademark shall, by producing the relevant evidential documents or legal

instruments, go through the formalities of the transfer of the exclusive right to use the

registered trademark with the Trademark Office.

Where the exclusive right to use a registered trademark is transferred, the right holder

shall assign in a lump all of its trademarks that are identical or similar to each other in respect

of the same or similar goods; if they are not so transferred, the Trademark Office shall notify

it to rectify the situation within a specified time limit; if it fails to ratify it at the expiry of the

said time limit, the application for transfer of the registered trademark shall be considered

abandoned, and the Trademark Office shall notify the applicant in writing.

Article 27 Where the registration of a registered trademark needs to be renewed, an

application for renewal of registration of the trademark shall be submitted to the Trademark

Office. The Trademark Office shall, upon approval of the application for renewal of

registration of the trademark, issue a corresponding certification and publish the renewal.

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 such a trademark.

Chapter V Review and Adjudication of Trademarks

Article 28 The Trademark Review and Adjudication Board shall accept applications

for trademark review and adjudication filed under Articles 32, 33, 41 and 49 of the

Trademark Law. The Trademark Review and Adjudication Board shall, on the basis of facts,

conduct review and adjudication according to law.

Article 29 As referred to in the third paragraph of Article 41 of the Trademark Law,

“a dispute against a registered trademark” means that a prior trademark registrant believes

that a trademark registered later by another party is identical or similar to its registered

trademark in respect of the same or similar goods.

Article 30 When applying for trademark review and adjudication, an application shall

be submitted to the Trademark Review and Adjudication Board, accompanied with the copies

corresponding to the number of the other party. If an application for review and adjudication

is filed on the basis of the decision or the ruling made by the Trademark Office, the copies of

such decision or ruling shall also be filed.

Upon receiving the application, the Trademark Review and Adjudication Board shall,

upon examination, accept it if the requirements for acceptance are satisfied; if the

requirements for acceptance are not satisfied, it shall not accept the application, and shall

notify the applicant in writing and give the reasons therefor. If the application needs to be

supplemented or corrected, the applicant shall be notified to make supplements or corrections

within 30 days from the date of receipt of the notification. If, after being supplemented or

corrected, the application still does not conform to the provisions, the Trademark Review and

Adjudication Board shall refuse it, and notify the applicant in writing and give the reasons

therefor; if no supplements or corrections are made at the expiry of the specified time limit,

the application shall be considered withdrawn and the Trademark Review and Adjudication

Board shall notify the applicant in writing.

If the Trademark Review and Adjudication Board finds that an application does not

satisfy the requirements for acceptance after it has accepted the application, it shall refuse the

application, notify the applicant in writing and give the reasons therefor.

Article 31 The Trademark Review and Adjudication Board shall, upon the acceptance

of the application for trademark review and adjudication, send in time the copy of the

application to the other party, who shall be required to make a response within 30 days from

the date of receipt of such copy. If no response is made at the expiry of the time limit, it shall

not affect the review and adjudication of the Trademark Review and Adjudication Board.

Article 32 Where a party needs to supplement related evidence after filing an

application for review and adjudication or making a response, a statement for this purpose

shall be made in the application or in the response, and the said evidence shall be submitted

within three months from the date on which the application is filed or the response is made; if

no evidence is submitted at the expiry of the time limit, the party shall be considered given up

the supplementing of related evidence.

Article 33 The Trademark Review and Adjudication Board may, at the request of a

party or on the basis of the practical needs, decide to review and adjudicate an application for

review and adjudication in public session.

Where the Trademark Review and Adjudication Board decides to review and

adjudicate the application for review and adjudication in public session, it shall notify in

writing the parties 15 days before the public review and adjudication, informing them of the

date, venue and persons conducting the public review and adjudication. The parties shall

make a response within the time limit specified in the written notice.

Where the applicant does not make a response nor appear at the public review and

adjudication, its application for review and adjudication shall be considered withdrawn, and

the Trademark Review and Adjudication Board shall notify the applicant in writing. If the

other party does not make a response nor appear at the public review and adjudication, the

Trademark Review and Adjudication Board may conduct the review and adjudication by

default.

Article 34 Where an applicant requests to withdraw its application before the

Trademark Review and Adjudication Board makes a decision or ruling, it may withdraw its

application after making an explanation of the reasons therefor in writing to the Trademark

Review and Adjudication Board; where an application is withdrawn, the review and

adjudication proceedings shall be terminated.

Article 35 Where an application for trademark review and adjudication has been

withdrawn, the applicant shall not file another application for review and adjudication on the

basis of the same facts and grounds. Where the Trademark Review and Adjudication Board

has already made a decision or ruling on an application for trademark review and

adjudication, no one shall file another application for review and adjudication on the basis of

the same facts and grounds.

Article 36 Where a registered trademark is canceled pursuant to Article 41 of the

Trademark Law, the exclusive right to use the said trademark shall be deemed as not existing

from the very beginning. A decision or ruling on canceling a registered trademark shall have

no retroactive effect on any judgment or order on any trademark infringement case made and

already enforced by the people's court before the cancellation, nor on any decision on any

trademark infringement case made and already enforced by the authority of administration for

industry and commerce before the cancellation, and nor on any trademark assignment

contract or trademark license contract already performed before the cancellation. However,

the trademark registrant shall compensate any loss caused to another person due to its bad

faith.

Chapter VI Administration of the Use of Trademarks

Article 37 Where a registered trademark is used, the characters “注册商标”or a

registration mark may be indicated on goods, packages of goods, descriptions of goods or

other ancillary items.

The registration mark includes 注 ，and R, which in the use of such registration mark,

shall be placed on the upper or lower right-hand corner.

Article 38 Where a Certificate of Trademark Registration is lost or damaged, an

application for reissuance shall be filed with the Trademark Office. Where a Certificate of

Trademark Registration is lost, a loss declaration shall be published in the Trademark

Gazette. The damaged Certificate of Trademark Registration shall be sent back to the

Trademark Office when the application for reissuance is submitted.

Where a Certificate of Trademark Registration is forged or altered, criminal liability

shall be investigated according to the provisions of the criminal law on the crime of forging

or altering certificates of State organs or other crimes.

Article 39 With respect to any of the acts referred to in Article 44 (1), (2) and (3) of

the Trademark Law, the authority of administration for industry and commerce shall order the

trademark registrant to rectify the situation within a specified time limit; where there is a

refusal to rectify, it shall report to the Trademark Office for the cancellation of the registered

trademark.

With respect to the act referred to in Article 44 (4) of the Trademark Law, any person

may apply to the Trademark Office for the cancellation of such registered trademark, and

state the relevant circumstances. The Trademark Office shall notify the trademark registrant

to, within two months from the date of receipt of the notification, provide evidence of use of

the trademark prior to the submission of the application for cancellation, or explain proper

reasons for non-use. If, at the expiry of the time limit, no evidence of use is provided or the

evidence provided is invalid and there are no proper reasons for non-use, the Trademark

Office shall cancel the registered trademark.

The evidence referred to in the preceding paragraph includes the evidence of use of the

registered trademark by the trademark registrant and the evidence of licensing another person

by the trademark registrant to use its registered trademark.

Article 40 For a registered trademark canceled under Article 44 or 45 of the Trademark

Law, the Trademark Office shall publish it, and the exclusive right to use the said registered

trademark shall be terminated from the date on which the Trademark Office makes the

decision of cancellation.

Article 41 Where a registered trademark is canceled by the Trademark Office or the

Trademark Review and Adjudication Board and the grounds for the cancellation involve

some of the designated goods only, the registered trademark used on such goods shall be

canceled.

Article 42 The amount of a fine imposed under Articles 45 and 48 of the Trademark

Law shall be not more than 20% of the volume of the illegal business or not more than two

times of the profit illegally earned.

The amount of a fine imposed under Article 47 of the Trademark Law shall be not more

than 10% of the volume of the illegal business.

Article 43 Where licensing another person to use its registered trademark, the licensor

shall, within three months from the date of conclusion of the license contract, submit the copy

of the contract to the Trademark Office for the record.

Article 44 Where anyone violates the provisions of the second paragraph of Article 40

of the Trademark Law, the authority of administration for industry and commerce shall order

it to make corrections within a specified time limit, or seize the representations of its

trademark if no corrections are made at the expiry of the specified time limit. Where it is

impossible to separate the representations of the trademark from the goods involved, both of

them shall be seized and destroyed.

Article 45 Where the use of a trademark is in violation of the provisions of Article 13

of the Trademark Law, the party concerned may request the authority of administration for

industry and commerce to prohibit such use. When filing an application for this purpose, the

party shall submit evidence proving that its mark constitutes a well-known trademark. If the

mark is determined as a well-known trademark by the Trademark Office pursuant to Article

14 of the Trademark Law, the authority of administration for industry and commerce shall

order the infringer to stop the act of using the well-known trademark in violation of the

provisions of Article 13 of the Trademark Law, seize and destroy the representations of the

trademark; where it is impossible to separate the representations of the trademark from the

goods involved, both of them shall be seized and destroyed.

Article 46 A trademark registrant applying for the removal of its registered trademark

or for the removal of the registration of its trademark used on some of the designated goods

from the Trademark Register shall submit an application for the removal of the trademark to

the Trademark Office and return the original Certificate of Trademark Registration.

Where a trademark registrant applies for the removal of its registered trademark or the

removal of the registration of its trademark on some of the designated goods from the

Trademark Register, the exclusive right to use the registered trademark or the effect of the

exclusive right to use the registered trademark on some of the designated goods shall be

terminated from the date on which the Trademark Office receives the application for removal.

Article 47 Where a trademark registrant dies or terminates, each and every person

may, at the expiry of one year from the date of death or termination, apply to the Trademark

Office for the removal of the registered trademark in question from the Trademark Register if

no formalities of transfer have been conducted with respect to the registered trademark. When

applying for the removal, the applicant shall submit the evidence certifying the death or

termination of the trademark registrant.

Where a registered trademark is removed from the Trademark Register due to the

death or termination of the trademark registrant, the exclusive right to use the registered

trademark shall cease from the date of death or termination of the trademark registrant.

Article 48 Where a registered trademark is canceled or removed from the Trademark

Register as provided in Articles 46 and 47 of these Regulations, the original Certificate of

Trademark Registration shall become invalid. Where the registration of the trademark on

some of the designated goods is canceled or the trademark registrant applies for the removal

of the registration of its trademark on some of the designated goods from the Trademark

Register, the Trademark Office shall make a note on the original Certificate of Trademark

Registration and return it to the registrant, or reissue the Certificate of Trademark

Registration and publish it.

Chapter VII Protection of the Exclusive Right to Use a Registered Trademark

Article 49 Where a registered trademark consists of the generic name, design or model

of the goods in question, or directly shows the quality, main raw materials, functions,

intended purposes, weight, quantity or other characteristics of the goods in question, or

consists of geographical names, the proprietor of the exclusive right to use the registered

trademark shall have no right to prohibit the fair use thereof by another person.

Article 50 Any of the following acts shall constitute an infringement on the exclusive

right to use a registered trademark referred to in Article 52 (5) of the Trademark Law:

(1) using any signs which are identical or similar to another person’s registered

trademark as the name of the goods or decoration of the goods on the same or similar goods,

thus misleading the public;

(2) intentionally providing facilities such as storage, transport, mailing, concealing, etc.

for the purpose of infringing another person’s exclusive right to use a registered trademark.

Article 51 Where the exclusive right to use a registered trademark is infringed upon,

each and every person may lodge a complaint with or report the case to the authority of

administration for industry and commerce.

Article 52 The amount of a fine imposed on an act infringing the exclusive right to use a

registered trademark shall be not more than three times of the volume of the illegal business.

If it is impossible to calculate the volume of the illegal business, the amount of the fine shall

be not more than 100,000 yuan.

Article 53 A trademark owner who believes that the registration of its well-known

trademark as an enterprise name by another person is likely to deceive or mislead the public

may apply to the competent registration authorities of enterprise names for the cancellation of

the registration of the enterprise name. The competent registration authorities of enterprise

names shall handle the case in accordance with the Provisions on Administration of

Enterprise Name Registration.

Chapter VIII Supplementary Provisions

Article 54 Service marks continuously in use to July 1, 1993, which are identical or

similar to any registered service marks of another person for the same or similar services,

may continue to be used; however, if such use is suspended for a period of three years or

more after July 1, 1993, it shall not be used any longer.

Article 55 The specific measures for the administration of trademark agency shall be

separately formulated by the State Council.

Article 56 The Classification of Goods and Services for trademark registration shall

be worked out and published by the authority of administration for industry and commerce

under the State Council.

The format of the documents for applying for trademark registration or for handling

other trademark matters shall be determined and published by the authority of administration

for industry and commerce under the State Council.

The rules on review and adjudication to be followed by the Trademark Review and

Adjudication Board shall be formulated and promulgated by the authority of administration

for industry and commerce under the State Council.

Article 57 The Trademark Office shall establish and keep the Trademark Register

recording registered trademarks and other registration matters.

The Trademark Office shall compile and issue the Trademark Gazette publishing

trademark registration and other related matters.

Article 58 Fees shall be paid for applying for trademark registration or for handling

other trademark matters. The items and standards for collecting fees shall be prescribed and

published by the authority of administration for industry and commerce under the State

Council jointly with the competent department for pricing of the State Council.

Article 59 These Regulations shall become effective as of September 15, 2002. The

Rules for the Implementation of the Trademark Law of the People’s Republic of China,

which was promulgated by the State Council on March 10, 1983, revised for the first time

with the approval of the State Council on January 3, 1988 and revised for the second time

with the approval of the State Council on July 15, 1993, and the Official Reply from the State

Council Concerning Papers Furnished as Attachments to Applications for Trademark

Registration, which was issued on April 23, 1995, shall be repealed simultaneously.