Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China (Revised in 1999)
Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China (Revised in 1999)
Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China (Revised in 1999)
April 30, 1999
Chapter I General Provisions
Article 1 These Detailed Rules are hereby 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 An applicant for trademark registration must be an enterprise, a public institution, a social organization, an individual business or an individual partnership established in accordance with the law, or a foreign person or foreign enterprise that satisfies the requirements as stipulated in Article 9 of the Trademark Law.
The provisions concerning the goods trademarks in these Detailed Rules shall be also applicable to service trademarks.
Article 3 The applicant may authorize a trademark agency recognized by the State Administration for Industry and Commerce to handle on his behalf the relevant matters concerning applications for trademark registration, assignment registration, renewal registration, change of the name or address of the owner of a registered trademark, and re-issuance of a Trademark Registration Certificate, etc., and he may also handle such matters directly by himself.
If a foreign person or foreign enterprise intends to apply for trademark registration or to handle other trademark matters in China, he/it shall authorize a trademark agency designated by the State Administration for Industry and Commerce to act on his/its behalf.
The international registration of trademarks shall be handled in accordance with the Madrid Agreement for International Registration of Trademarks.
Article 4 For application for trademark registration, assignment registration, renewal registration, modification, re-issuance of a Trademark Registration Certificate, or review and adjudication as well as other relevant matters, fees must be paid therefor in accordance with the relevant regulations.
Article 5 The Trademark Office under the State Administration for Industry and Commerce (hereinafter referred to as "the Trademark Office") shall establish the Trademark Registered Book, which contains the record of registered trademarks and of other matters concerning trademark registration.
The Trademark Office shall compile and publish an Announcement of Trademarks, in which shall be printed matters concerning trademark registration and other matters related
Article 6 According to the provisions of Article 3 of the Trademark Law, the collective trademarks and certification trademarks registered with the approval of the Trademark Office shall be duly protected by law.
The measures for the registration and administration of collective trademarks and certification trademarks shall be formulated by the State Administration for Industry and Commerce in conjunction with the relevant competent departments under the State Council separately.
Article 7 Human medicinal products and tobacco products as stipulated by the State and announced by the State Administration for Industry and Commerce must bear registered trademarks.
Other goods that must bear registered trademarks as required by the State shall be announced by the State Administration for Industry and Commerce.
Article 8 The Trademark Review and Adjudication Board, established under the State Administration for Industry and Commerce, shall make final decisions and determinations on the matters that are submitted for review and adjudication in accordance with the provisions of the Trademark Law and these Detailed Rules.
Chapter II Applications for Trademark Registration
Article 9 An applicant for trademark registration shall submit an application on the basis of the specified form of classification of goods that has been announced. For the registration of each trademark applied for, a Form of Application for Trademark Registration shall be filed with the Trademark Office, accompanied by 10 samples of the trademark design (with respect to a colorful trademark in designated colors, 10 samples of the colored design shall be submitted) and a black and white manuscript.
A trademark design must be clear and easy to paste, and it shall be printed on smooth, clean and durable papers or substituted by a photograph, and its length and width shall be not more than 10cm but not less than 5cm.
Article 10 The Form of Application for Trademark Registration and other relevant documents shall be filled in neatly and clearly with a pen, writing brush or typewriter.
The name and seal (or stamp) of the owner of a registered trademark shall be consistent with that approved or registered. The goods indicated in a form of application shall not exceed the approved or registered scope of business. The designation of the goods shall be filled in on the basis of the specified form of classification of goods; if the designation of any goods has not been listed in the specified form of classification of goods, an additional description of the goods shall be attached.
Article 11 When applying for the registration of a trademark to be used on human medicinal products, the applicant shall submit the certificates issued by the administrative department for public health as an attachment. When applying for the registration of a trademark to be used on cigarettes, cigars and packaged cut tobacco, the applicant shall submit the documents proving that the production has been approved by the government department in charge of tobacco as attachments.
When applying for trademark registration of other goods that must bear registered trademarks as required by the State, the applicant shall submit the approval and certifying documents issued by the relevant competent departments as attachments.
Article 12 The filing date of an application for trademark registration shall be the date on which the Trademark Office receives the certificates and documents with respect to the application. If the applicant has gone through all the necessary application procedures, and has filled in the application form as required, the Trademark Office shall offer a filing number to him; if the applicant has not gone through all the necessary application procedures, or has not filled in the application form as required, the Trademark Office shall reject his application, and the date of filing shall not be retained. If the applicant has gone through the necessary application procedures by and large or the application form is filled in basically as required, but it is necessary to make amendments, the Trademark Office shall notify the applicant to make the required amendments, and request him to make the amendments according to the contents prescribed and to re-submit the amended documents to the Trademark Office within fifteen (15) days from the date when the notification is received. If the applicant makes the amendments and re-submits the amended documents to the Trademark Office within the specified time limit, the date of filing shall be retained; if the applicant fails to make the amendments or fails to make the amendments within the specified time limit, his application shall be rejected, and the date of filing shall not be retained.
Article 13 In the event that two or more applicants apply for the registration of identical or similar trademarks on the same or similar kind of goods on the same day, each applicant shall submit a proof of the date of the first use of his trademark within thirty (30) days as requested by the Trademark Office in its notification.
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