Implementing Rules of the Trademark Law of the PRC (Revised in 1995)
Implementing Rules of the Trademark Law of the PRC (Revised in 1995)
Implementing Rules of the Trademark Law of the PRC (Revised in 1995)
April 23, 1995
(First revision approved by the State Council on January 3, 1988; second revision approved by the State Council on July 15, 1993; and third revision approved by the State Council on April 23, 1995)
CHAPTER I GENERAL 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.
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