(Effective Date 1995.04.23)
CHAPTER I GENERAL PROVISIONS
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATIONS
CHAPTER IV CHANGE, ASSIGNMENT, RENEWAL, AND DETERMINATION OF
DISPUTES OVER REGISTERED TRADEMARKS
CHAPTER V ADMINISTRATION OF TRADEMARK USE
CHAPTER VI PROTECTION OF THE RIGHT TO EXCLUSIVE USE OF
REGISTERED TRADEMARKS
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 1 These Rules are formulated in accordance with the provisions of Article 42 of the Trademark Law of the People’s Republic of
China (hereinafter referred to as the “Trademark Law”).
Article 2 Applicants for trademark registration must be enterprises, institutions, social organizations, individual industrialists
or businessmen or partnerships of individuals that are formed in accordance with the law, or foreign nationals or foreign
enterprises that conform to the provisions of Article 9 of the Trademark Law.
The provisions of these Rules about trademarks of goods are applicable to trademarks of services.
Article 3 In applying for trademark registration, registration of assignments, registration of renewals, the change of name or address
of a registrant, the replacement of a Trademark Registration Certificate or other related matters, the applicants may entrust
a trademark agency authorized by the State Administration for Industry and Commerce to represent them, and may also
perform the application formalities directly by themselves.
When foreign nationals or foreign enterprises wish to apply in China for trademark registration and the handling of other trademark
matters, they shall entrust a trademark agency appointed by the State Administration for Industry and Commerce to represent
them.
The international registration of trademarks shall be done in accordance with the Madrid Agreement for International Registration
of Trademarks.
Article 4 Applicants for trademark registration, registration of assignments, registration of renewals, the change of name or address
of a registrant, the replacement of a certificate, trademark review and adjudication or other related matters must pay
the prescribed fees in accordance with relevant provisions.
Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereafter referred to as the “Trademark Office”)
shall establish and maintain a Trademark Register in which shall be entered registered trademarks and relevant registration
matters.
The Trademark Office shall compile and publish an Announcement of Trademarks in which shall be printed the trademarks registered
and other related matters.
Article 6 Collective trademarks and certification trademarks that have been approved and registered by the Trademark Office shall be protected
by the law in accordance with the provisions of Article 3 of the Trademark Law.
Provisions for the registration and administration of collective trademarks and certification trademarks shall be formulated
separately by the State Administration for Industry and Commerce in cooperation with other departments concerned of the
State Council.
Article 7 Registered trademarks must be used on the pharmaceuticals for human use and tobacco products prescribed by the State and announced
by the State Administration for Industry and Commerce.
Other goods that the State has designated as requiring the use of a registered trademark shall be announced by the State Administration
for Industry and Commerce.
Article 8 The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board, the responsibility
of which is to make final decisions or rulings on matters submitted for review and adjudication in accordance with the Trademark
Law and these Rules.
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
Article 9 In applying for trademark registration, separate applications shall be filed in accordance with the respective classes of goods
as specified in the table for the classification of goods that has been published. For the registration of each trademark
applied for, one Application for Trademark Registration shall be filed with the Trademark Office, accompanied by 10 samples
of the trademark (when specific colors are designated for a trademark in color, the samples filed shall be in color), plus
one black-and-white draft.
The samples of the trademarks must be clear, easy to paste, printed on durable paper with a smooth finish or, instead of
being printed, photographed; they shall not be larger than ten centimeters or less than five centimeters in length and width.
Article 10 The application for trademark registration and related forms and attachments shall be filled in or written neatly and clearly
with a pen, writing brush or typewriter.
The name and seal of the applicant for trademark registration shall be identical with those that have been approved or registered.
The goods listed in the application must not overstep the approved or registered scope of business. The names of the goods
shall be filled in or written as specified in the table for the classification of goods; for goods that are not listed
in the said table, goods directions shall be attached to the application.
Article 11 In applying for trademark registration on pharmaceuticals for human use, certification documents from the administrative department
of public health shall be attached to the application.
In applying for trademark registration on cigarettes, cigars or packaged cut tobacco, documentation concerning production approval
from the government agency in charge of tobacco shall be attached to the application.
In applying for trademark registration on other goods that the State has designated as requiring the use of a registered trademark,
the approval documentation from the competent authorities shall be attached to the application.
Article 12 The date of application for registration of a trademark shall be the date the application form for the same is received
by the Trademark Office. If the applicant has gone through all the necessary application procedures and the application
form is filled in as prescribed, an application number shall be compiled and a Notice of Cognizance issued to the
applicant; if the applicant has not gone through all the necessary application procedures or the application form is not
filled in as prescribed, the application shall be returned to the applicant, and the date of application shall not be maintained.
If the applicant has in the main gone through the necessary application procedures or the application form is in the main
filled in as prescribed, but some addition or correction is required, the Trademark Office shall notify the applicant of
the requirement and ask the latter to make the required addition or correction and return the application form to the Trademark
Bureau within 15 days, starting from the day the notice is received. If the addition or correction is made and the application
form returned to the Trademark Bureau within the time limit, the date of application shall be maintained; in case of failure to
make the addition or correction or to do so within the time limit, the application shall be returned to the applicant,
and the date of application shall not be maintained.
Article 13 If two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind
of goods or similar goods, each applicant shall submit, within 30 days and as notified by the Trademark Office, proof of the
date of the first use of its trademark. In case the trademarks were first used on the same day, or neither is yet in use,
the applicants shall settle the matter by consultation. If agreement is reached through consultation, they shall submit their
written agreement to the Trademark Office within 30 days; if no agreement is reached within 30 days, the applicants shall settle
the matter by drawing lots under the auspices of the Trademark Office, or the matter shall be determined by the Trademark
Office.
Article 14 Applicants that entrust trademark agencies to apply for trademark registration or handle other trademark matters on their
behalf should submit powers of attorney for their agents, which shall state the matters to be handled by the agents and the scope
of the agents’ powers; a power of attorney issued by a foreign national or foreign enterprise shall, in addition, state the
nationality of the principal.
The Chinese language should be used in the application from a foreign national or foreign enterprise for trademark registration
or the handling of other trademark matters. The formalities for the notarization or certification of a power of
attorney and related proof shall be performed in accordance with the principle of reciprocity. Chinese translations shall
be attached to the documents and forms done in foreign languages.
Article 15 The Trademark Office is the agency to take cognizance of matters relating to the application for priority in trademark
registration. The specific procedures shall follow the provisions published by the State Administration for Industry and
Commerce.
CHAPTER III EXAMINATION OF TRADEMARK REGISTRATIONS
Article 16 The Trademark Office shall, in accordance with the Trademark Law, examine an application of which it has taken cognizance. It
shall give preliminary approval to and publish any trademark that conforms to the relevant provisions of the Trademark
Law and has distinctive characteristics; in case an application is rejected, the Trademark Office shall issue to the
applicant a Notice of Rejection.
If the Trademark Office holds that an application for trademark registration can be revised, it shall issue a Notice
of Examination Suggestions to the applicant and request the latter to make the revision within 15 days from the day the
notice is received. In case the application is not revised or not revised within the time limit or, though revised,
still not conformable to the relevant provisions of the Trademark Law, it shall be rejected and a Notice of Rejection issued
to the applicant.
Article 17 In requesting reexamination of a trademark that has been rejected, the applicant shall file an Application for Reexamination
of a Rejected Trademark with the Trademark Review and Adjudication Board within 15 days from the day the Notice of Rejection
is received. The original Application for Trademark Registration, the original ten samples and black-and-white draft
of the trademark as well as the Notice of Rejection shall be appended to that application.
The Trademark Review and Adjudication Board shall make a final decision and so notify the applicant in writing. If the final decision
is that the trademark shall be approved preliminarily, the matter shall be transferred to and dealt with by the Trademark
Office.
Article 18 In bringing an opposition to a trademark that has been preliminarily approved and published by the Trademark Office,
the opposer shall file a Trademark Opposition, one original and one duplicate copy, with the Trademark Office; the
Trademark Opposition shall specify the numbers of the issue and the page of the Announcement of Trademarks on which the
opposed trademark is published, and the serial number of preliminary examination and approval. The Trademark Office shall
send the Trademark Opposition to the opposed party and request the latter to file its defense within 30 days from the day
the notice is received; it shall make a ruling on the basis of the facts and reasons stated by the parties. In case no defense
is filed within the time limit, the Trademark Office shall make a ruling and notify the parties concerned of this.
If the registration of an opposed trademark has been announced before the ruling on the opposition becomes effective, the
announcement of registration of that trademark is void.
Article 19 A party that disagrees with the ruling made by the Trademark Office on the opposition may apply for a reexamination by filing
an Application for Reexamination of Trademark Opposition, one original and one duplicate copy, with the Trademark Review
and Adjudication Board within 15 days from the day the notice of the ruling on trademark opposition is received.
The Trademark Review and Adjudication Board shall make a final ruling and so notify the parties concerned in writing; it shall
then transfer the matter to the Trademark Office to be handled by the latter.
A trademark to which the opposition is found to be not justified shall be approved and registered by the Trademark Office after
the ruling on trademark opposition comes into effect.
CHAPTER IV CHANGE, ASSIGNMENT, RENEWAL, AND DETERMINATION OF DISPUTES OVER REGISTERED TRADEMARKS
Article 20 In applying for a change in the name of a trademark registrant, with respect to each trademark there shall be filed with
the Trademark Office one Application for the Change of a Trademark Registrant’s Name and one certificate for the change.
After examination and approval by the Trademark Office, a corresponding certificate shall be issued to the registrant and the
change shall be published.
In applying for a change in the address of a trademark registrant or in other registration matters, with respect to each change
there shall be filed with the Trademark Office one Application for the Change of a Trademark Registrant’s Address or
Application for a Change in Other Registration Matters of a Trademark and one corresponding certificate for the change.
After examination and approval by the Trademark Office, a corresponding certificate shall be issued to the registrant and the
change shall be published.
In changing the name or address of a trademark registrant, the trademark registrant must perform the procedures for all its trademarks
at the same time.
Article 21 In applying for the assignment of a registered trademark, the assignor and the assignee shall file one Application for Assignment
of a Registered Trademark with the Trademark Office. The application procedures for assignment of a registered trademark
shall be performed by the assignee, which must conform to the provisions of Article 2 of these Rules. After examination
and approval by the Trademark Office, a corresponding certificate shall be issued to the assignee, and the assignment
shall be published.
In assigning a registered trademark, the trademark registrant must perform the procedures for all its identical or similar
trademarks registered for the same kind of goods or similar goods. In the assignment of a trademark for goods prescribed
in Article 7 of these Rules, the assignee shall present certification documents from the departments concerned in accordance
with Article 11 of these Rules.
The Trademark Office shall reject and not approve any application for the assignment of a registered trademark that
may cause misidentification, confusion or other harmful effects.
Article 22 In applying for a renewal of trademark registration, with respect to each trademark applied for there shall be filed with
the Trademark Office one Application for Renewal of Trademark Registration, accompanied by five samples of the trademark, and
the original Trademark Registration Certificate shall be turned back in. After examination and approval by the Trademark Office,
the original Trademark Registration Certificate shall be returned with the necessary notation, and the renewal shall
be published. The Trademark Office shall reject and not approve any application that is not conformable to the relevant
provisions of the Trademark Law.
The effective period for each renewal of a registered trademark shall be calculated from the next day after the expiry of the previous
effective period of that trademark.
Article 23 An applicant that disagrees with the decision of the Trademark Office to reject its application for assignment or renewal
of trademark registration may apply for reexamination by filing one Application for Reexamination of Assignment Rejection
or Application for Reexamination of Renewal Rejection with the Trademark Review and Adjudication Board within 15 days
from the day the notice of rejection is received. The application shall be accompanied by the original Application for
Assignment of a Registered Trademark or Application for Renewal of Trademark Registration as well as the Notice of Rejection.
The Trademark Review and Adjudication Board shall make a final decision and so notify the applicant in writing. If the final decision
is that the assignment or renewal of trademark registration shall be approved, the matter shall be transferred to and
dealt with by the Trademark Office.
Article 24 A trademark registrant that disputes a trademark already registered by another person should, within one year from the day
the said trademark is published in the Announcement of Trademarks, apply for a ruling by filing an Application for Determination
of a Trademark Dispute, one original and one duplicate copy, with the Trademark Review and Adjudication Board.
The Trademark Review and Adjudication Board shall make a final ruling on whether to uphold or revoke the registered trademark in
dispute and so notify the parties concerned in writing, and the matter shall be transferred to and dealt with by the
Trademark Office. A part of the registered trademark shall be revoked, if the reason for revoking involves only that
part. In case the ruling is to revoke a trademark registration, the original trademark registrant shall return the
Trademark Registration Certificate to the Trademark Office within 15 days from the day the notice of that ruling is received.
Article 25 The obtainment of registration by deception or other improper means referred to in Paragraph 1, Article 27, of the Trademark Law
means one of the following acts:
(1) Obtaining registration by making up or holding back the truth of the matter or by faking application forms, attachments or
other related documents;
(2) Using another person’s trademark that is already well-known to the public for registration by means of duplication, imitation,
translation or by other means against the principle of honesty and good faith;
(3) An attorney using its principal’s trademark for registration in its own name without authorization;
(4) Registering in violation of the lawful priority right of others; and
(5) Obtaining registration by other improper means.
A trademark registrant that disagrees with the decision made by the Trademark Office to revoke its registered trademark in
accordance with the provisions of Paragraph 1, Article 27, of the Trademark Law may apply for reexamination by filing
one Application for Reexamination of the Revocation of an Improperly Registered Trademark with the Trademark Review and Adjudication
Board within 15 days from the day the notice of the decision is received. The Trademark Review and Adjudication Board shall
make a final decision and so notify the applicant in writing, and the matter shall be transferred to and dealt with by the
Trademark Office.
Any unit or individual that regards a trademark as having been improperly registered may apply for a ruling by filing
an Application for the Revocation of an Improperly Registered Trademark, one original and one duplicate copy, with the
Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final ruling and so notify
the parties concerned in writing; it shall transfer the matter to the Trademark Office to be handled by the latter.
The improperly registered trademark that has been revoked shall be published by the Trademark Office. The original trademark
registrant shall return the Trademark Registration Certificate to the Trademark Office within 15 days from the day the
notice of decision or ruling is received.
When a registered trademark is revoked in accordance with the provisions of Paragraphs 1 and 2, Article 27, of the Trademark Law,
the right to exclusive use of that trademark shall be regarded as nonexistent from the very beginning. A decision or
ruling to revoke a registered trademark does not apply retrospectively to the judgments or rulings on trademark right
infringement cases made by a people’s court that have already been enforced, the decisions made by an administrative
department for industry and commerce in handling trademark right infringement cases that have already been executed,
or the trademark assignment or licensing contracts that have already been fulfilled prior to the revocation of the said trademark.
But compensation shall be made for malicious damage caused to another person by a trademark registrant.
CHAPTER V ADMINISTRATION OF TRADEMARK USE
Article 26 If a trademark is used, the four Chinese characters ” ” (Registered Trademark) or the symbol ” ” or ” ” shall
be displayed. In case the said characters or symbol cannot be displayed conveniently on goods, they shall be displayed
on the packages or directions of the goods and on other accessories of the goods.
Article 27 Application must be filed for the replacement of a Trademark Registration Certificate that has been lost or damaged. In doing
so, the trademark registrant shall file with the Trademark Office one Application for Replacement of Trademark
Registration Certificate, accompanied by five samples of the trademark. In case the Trademark Registration Certificate
has been lost, an announcement of the loss shall be published in the Announcement of Trademarks. A Trademark Registration
Certificate that has been damaged shall be returned to the Trademark Office.
Any forgery or alteration of a Trademark Registration Certificate shall be penalized with a fine of not more than RMB 0,000 on
the merits of each case by the administrative department for industry and commerce of the place where the forgery or alteration
takes place; the forged or altered Trademark Registration Certificate shall be confiscated.
Article 28 In the event of any one of the acts specified in Paragraphs (1), (2) and (3) of Article 30 of the Trademark Law, the administrative
department for industry and commerce shall order the trademark registrant to correct the situation within a specified
period; if the trademark registrant refuses to comply, the administrative department for industry and commerce of the place
where the trademark registrant is located shall request the Trademark Office to revoke its registered trademark.
Article 29 In the event of the acts specified in Paragraph (4) of Article 30 of the Trademark Law, any one may apply to the Trademark
Office for the revocation of the registered trademark concerned and explain the matter to the said office. The Trademark
Office shall notify the trademark registrant and order it to submit, within three months from the day the notice is received,
proof of the use of that trademark or proper reasons for ceasing to use the trademark. In case of failure to submit the said
proof within the time limit or if the proof is void, the Trademark Office shall revoke the said registered trademark.
The use of trademark referred to in the foregoing paragraph includes its use on goods, the packages or containers of goods, and
documentation of business transactions, and its use for publicity by advertisements, on display or in other business activities.
Article 30 An application to register a trademark that is identical with or similar to the trademark revoked in accordance with the provisions
of Article 29 of these Rules and that is to be used on the same kind of goods or similar goods is free from the restrictions
prescribed in Article 32 of the Trademark Law.
Article 31 In the event of any one of the acts specified in Article 31 and Paragraph (3) of Article 34 of the Trademark Law, the administrative
department for industry and commerce shall order the party in question to correct the act within a specified period; in serious
cases, it shall order a self-criticism by that party, circulate a notice on the matter, and impose a fine of not more than
20% of the sum of illegal business transactions or not more than three times the illegally obtained profit; the goods in
question that are poisonous, harmful or of no use value shall be destroyed; if a registered trademark is used in the case,
it shall be revoked in accordance with the provisions of the Trademark Law.
Article 32 In the event of any one of the acts specified in Paragraphs (1) and (2), Article 34, of the Trademark Law, the administrative
department for industry and commerce shall impose a ban on advertising publicity by the party in question, seize or
take over any representations of the trademark of that party and order that party to correct the situation within a specified
time limit. It may also, on the merits of the case, circulate a notice on the matter and impose a fine of not more than 20%
of the sum of illegal business transactions.
Article 33 In case of violation of the provisions of Article 5 of the Trademark Law, the administrative department for industry and commerce
shall ban the sales and advertising publicity of the goods in question, and seize or take over any representations of the trademark
in question; it may also, on the merits of the case, impose a fine of not more than 10% of the sum of illegal business transactions.
Article 34 No one may manufacture or market representations of trademarks illegally.
In case of violation of the provisions of the foregoing paragraph, the administrative department for industry and commerce shall
stop the acts, take over the trademark representations in question and, on the merits of the case, also impose a fine of
not more than 20% of the sum of illegal business transactions. In addition, in case of a person selling representations
of its own registered trademark, the Trademark Office may revoke that registered trademark; but, if the case is one of
infringement on the right to exclusive use of a registered trademark, it shall be dealt with in accordance with the provisions
of Article 43 of these Rules.
Article 35 A trademark registrant that licenses another person to use its registered trademark must enter into a trademark licensing contract
with the latter. Within three months from the day the licensing contract is signed, the licenser and licensee shall submit
a copy of the licensing contract to a local county-level administrative department for industry and commerce for the record;
the matter shall be reported by the licenser to the Trademark Office for the record and to be published by the latter.
In the event of violation of the provisions of the foregoing paragraph, the administrative department for industry and commerce
of the place where the licenser or licensee is located shall order the party in question to correct the situation within
a specified period; if there is a refusal to correct the situation, a fine of not more than RMB 0,000 shall be imposed and
the matter may be reported to the Trademark Office for the revocation of the registered trademark in question.
In the event of violation of the provisions of Paragraph 2, Article 26, of the Trademark Law, the administrative department for
industry and commerce of the place where the licensee is located may order the party in question to correct the situation
within a specified period, take over the trademark representations in question and, on the merits of the case, also impose
a fine of not more than RMB 0,000.
Article 36 When a trademark registrant licenses another person to use its registered trademark, the licensee must be one that conforms to
the provisions of Article 2 of these Rules.
When a trademark registrant licenses another person to use its trademark for goods specified in Article 7 of these Rules, the licensee
shall, in accordance with the provisions of Article 11 of these Rules, attach certification documents from the competent
authorities to the copy of licensing contract submitted for the record.
Article 37 When the Trademark Office decides to revoke a registered trademark in accordance with the provisions of Articles 30 and 31
of the Trademark Law and those of Articles 28, 29, 31, 34 and 35 of these Rules, it shall notify, in writing, the trademark
registrant and the administrative department for industry and commerce of the place where the trademark registrant is located.
A trademark registrant that disagrees with the decision of the Trademark Office to revoke its registered trademark may apply for
reexamination by filing an Application for Reexamination of Trademark Revocation with the Trademark Review and Adjudication
Board with 15 days the notice of decision is received.
The Trademark Review and Adjudication Board shall make a final decision, so notify, in writing, the trademark registrant and the
administrative department for industry and commerce of the place where the trademark registrant is located, and transfer
the matter to the Trademark Office to be dealt with by the latter.
Article 38 A trademark registrant that ap
