1.Trademark Law of the People's Republic of China
(2001 Revision)

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 well-known 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.

2.Implementing Regulations under the Trademark Law of the People's Republic of China
(Promulgated by the State Council on 3 August 2002)

Chapter I
General Provisions

Article 1. These Implementing 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. The provisions made in these Implementing Regulations concerning goods marks shall apply to service marks.

Article 3. The use of trademarks referred to in the Trademark Law and these Regulations include, among other things, the use of trademarks on goods, packages or containers thereof and commodity trading instruments, or use of trademarks in advertisements, exhibitions and other commercial activities.

Article 4. Goods required to bear registered trademarks as prescribed by the State mentioned in Article 6 of the Trademark Law refer to goods in respect of which registered trademarks must be used as prescribed by law and administrative regulations.

Article 5. Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispute arises in the course of trademark registration or trademark review and adjudication, he may file a request with the Trademark Office or the Trademark Review and Adjudication Board to establish it as a well-known trademark, to reject the trademark registration application contrary to the provision of Article 13 of the Trademark Law, or to cancel the trademark registration contrary to the provision of Article 13 of the Trademark Law. When filing an application, an interested party shall submit proofs that his trademark constitutes a well-known trademark.
At the request of the interested party, the Trademark Office or the Trademark Review and Adjudication Board shall, on the basis of ascertained facts, establish whether his trademark constitutes a well-known trademark pursuant to the provision of Article 14 of the Trademark Law.

Article 6. Applications may be filed for registration of geographic indications provided for in Article 16 of the Trademark Law as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
Where a geographic indication is registered as a certification mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for using the certification mark, and the organization having control on the certification mark shall give its permission. Where a geographic indication is registered as a collective mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for membership of the body, association or other organization having the geographic indication as its collective mark. The body, association or other organization shall accept him or it as its member according to the articles of constitution thereof. Any person who does not ask to join the body, association or other organization having the geographic indication as its collective mark may also duly use the geographic indication, and the body, association or other organization does not have the right to prohibit the use.

Article 7. An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney shall indicate such contents and competence as authorized; the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.
Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done based on the principle of reciprocity.
The foreign person or foreign enterprise mentioned in Article 18 of the Trademark Law refers to the foreign person who or foreign enterprise which does not have its habitual residence or place of business in China.

Article 8. The Chinese language shall be used in applying for trademark registration or attending to other trademark matters.
Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translation is not attached, the certificates, certifying documents and proofs shall be deemed not to have been submitted.

Article 9. In any one of the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested party may request him to withdraw:
(1) he is a party or a close relative to a party or agent;
(2) he is related in such ways with a party or agent insofar as the relation would affect impartiality; or
(3) he has interests in an application for trademark registration or any other trademark matters.

Article 10. Unless otherwise provided for in these Regulations, where any document is sent to the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally, or the date of posting indicated by the postmark if it is sent by post; where the date of posting indicated by the postmark is illegible, or there is no postmark, the date of receipt shall be the date on which the Trademark Office or the Trademark Review and Adjudication Board actually receives the document, except that the interested party is able to present evidence as to the actual date of posting indicated by the postmark.

Article 11. Any document of the Trademark Office or the Trademark Review and Adjudication Board may be served by post, by personal delivery or by other means. Where an interested party entrusts a trademark agency, delivery of the document to the trademark agency shall be deemed delivery thereof to the interested party.
Where any document is sent to an interested party by the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of receipt indicated by the postmark on which the interested party receives it if it is sent by post; where the date of posting indicated by the postmark is illegible, or where there is no postmark, the document shall be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receipt shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served by making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been served.

Article 12. Where an application is filed for international registration, it shall be done in accordance with the relevant international treaties to which China has acceded. The specific measures shall be prescribed by the administrative department for industry and commerce under the State Council.

Chapter II.
Application for Trademark Registration

Article 13. When applying for the registration of a trademark, a separate application shall be filed in respect of each class of goods or service according to the published Classification of Goods and Services. For each application for the trademark registration, an Application for Trademark Registration shall be filed with the Trademark Office, accompanied by five copies of the reproduction of the trademark; if colour is claimed, five copies of the colour reproduction of the trademark shall be attached, so shall be a black and white design of the trademark.
The reproduction of the trademark must be clear and easy to paste and shall be printed on smooth and clean durable paper or substituted by a photograph. Its length or breadth shall not be more than 10 cm and less than 5 cm each.
Where an application is filed for the registration of a three-dimensional sign as a trademark, a statement shall be made in the application, and the reproduction capable of defining the three-dimensional shape be submitted.
Where an application is filed for the registration of a combination of colours as a trademark, a statement shall be made in the application, and an explanation thereof be submitted in writing.
Where an application is filed for the registration of a certification mark or collective mark, a statement shall be made in the application, and the certificates of the qualification of the applicant and regulations for the administration of the use thereof be submitted.
Where a trademark is in a foreign language or contains lexical elements in a foreign language, explanation of its meaning shall be made.

Article 14. Filing an application for the registration of a trademark, the applicant shall submit a copy of effective certificate capable of proving his identification. The name of the applicant for trademark registration shall be consistent with the certificate submitted.

Article 15. The goods or services shall be listed in the application according to the Classification of Goods and Services. If the goods or services are not listed in the Classification of Goods and Services, a description of the said goods or services shall be attached.
The documents relating to an application for trademark registration shall be typewritten or printed.

Article 16. If an application is jointly filed for registration of the same trademark, a representative shall be designated in the application; if such representative is not designated, the first person listed in the application shall be the representative.

Article 17. If an applicant changes his name, address, agent, or deletes or reduces designated goods, he may go through the formalities for the change with the Trademark Office.
An applicant who assigns his application for trademark registration shall go through the formalities for the assignment with the Trademark Office.

Article 18. The filing date of an application for trademark registration shall be the date on which the Trademark Office receives the application documents. Where the formal requirements of the application are fulfilled and the application form is filled out according to the relevant rules, the Trademark Office will accept the application and notify the applicant in writing. Where the formal requirements are not fulfilled or the application form is not filled out according to the relevant rules, the Trademark Office will not accept it, and it shall notify the applicant in writing and explain the reason.
Where the formal requirements are basically fulfilled or the application form filled out basically according to the relevant rules, but amendments are required, the Trademark Office shall notify the applicant to make the amendments and require him to do so according to the contents prescribed and re-submit it to the Trademark Office within thirty days from the date on which he receives the notification. Where the application is amended and re-submitted to the Trademark Office within the time limit, the date of filing shall be retained. Where the application is not amended within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

Article 19. Where two or more applicants respectively apply for the registration of identical or similar trademarks used on the identical or similar goods on the same day, each applicant shall, within thirty days from the date of receipt of the notification of the Trademark Office, submit a proof of his prior use of the mark in respect of which he has applied for the registration. Where the applicants used the mark for the first time on the same day or where none of them has used the mark, they shall try to resolve the matter through consultation, and submit a written agreement to the Trademark Office within thirty days from the date of receipt of the notification from the Trademark Office; where the applicants are reluctant to resolve the matter through consultation or an agreement is not reached, the Trademark Office shall notify the applicants that one applicant will be singled out by lot, and reject the registration applications filed by the other applicants. Where the Trademark Office notifies an applicant, but the applicant does not show up and draw his lot, his application shall be deemed to have been abandoned, and the Trademark Office shall notify in writing the applicant who has failed to show up.

Article 20. Where an applicant claims the right of priority according to Article 24 of the Trademark Law, the copy of the application document which he first filed for the registration of the trademark shall be certified by the competent trademark authority accepting the application, with the date of filing and the application number indicated.
Where an applicant claims the right of priority according to Article 25 of the Trademark Law, the certification documents submitted by him shall be certified by the administrative department for industry and commerce under the State Council, except that the international exhibition on which the goods are put on display is held inside the territory of China.

Chapter III
Examination of Application for Trademark Registration

Article 21. The Trademark Office shall, in accordance with the Trademark Law and these Regulations, examine the applications for the registration of trademark it has accepted. Applications which conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which conform to the relevant provisions, shall be preliminarily approved and published. Applications which do not conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which do not conform to the relevant provisions, shall be rejected. The Trademark Office shall notify the applicant in writing and explain the reason for the rejection.
Where the Trademark Office has preliminarily approved applications for the registration of trademarks on a part of the designated goods, the applicant may apply for the abandonment thereof before the date of expiration of the opposition period; where the applicant abandons the registration of trademarks in respect of a part of the designated goods, the Trademark Office shall withdraw the preliminary approval, terminate the examination procedure, and republish it.

Article 22. Where an opposition is filed to a trademark which, after examination, has been preliminarily approved and published by the Trademark Office, the opponent shall submit the Application for Trademark Opposition in duplicate to the Trademark Office. The Application for Trademark Opposition shall indicate the issue number of the Trademark Gazette on which the opposed trademark is published, and the number of preliminary approval of the opposed trademark. The Application for Trademark Opposition shall contain the specific requests and facts and grounds, with relevant proofs and certificates attached.
The Trademark Office shall send a copy of the Application for Trademark Opposition to the opposed party and require him to make a reply within thirty days from the date of his receipt of the copy. His failure to make a reply shall not affect the adjudication by the Trademark Office on the opposition.
Where an interested party needs to supplement relevant proofs and certificates after he raises an opposition application or makes a reply, he shall make a statement in the application or reply, and submit the proofs and certificates within three months from the date of submission of the application or reply; where he fails to submit them at the expiration of the time limit, the interested party shall be deemed to have abandoned supplementing the relevant proofs and certificates.

Article 23. The justification of the opposition mentioned in Article 34, paragraph two, of the Trademark Law shall include the justification of the opposition to a registration in respect of a part of the designated goods. Where such opposition is justified, the application for the registration of trademarks in respect of that part of the designated goods shall not be approved.
Where an opposed trademark has, prior to the coming into effect of the adjudication on the opposition, been announced as a registered trademark in the Trademark Gazette, the registration announcement shall be cancelled. The trademark that has been approved for registration upon the adjudication on the opposition shall be re-published.
The trademark approved for registration upon the adjudication on the opposition shall not have the retroactive effect on another person's act to use a sign identical with or similarly to the trademark on the same or similar goods from the date on which the period for trademark opposition expires and before the adjudication on the opposition takes effect; however, the losses inflicted to the trademark registrant due to the bad faith in which the sign is used shall be compensated.
The time limit for the application for review and adjudication of the trademark approved for registration upon the adjudication on the opposition shall be calculated from the date of publication of the adjudication on the trademark opposition.

Chapter IV
Modification, Assignment and Renewal of Registered Trademarks

Article 24. When applying for modification of his name, address or other registration matters, the registrant shall file an Application for Modification with the Trademark Office. The Trademark Office shall, upon examination and approval, issue the trademark registrant the relevant certificates, and make an announcement. Where the application is not approved, the Trademark Office shall notify the applicant in writing and explain the reason.
When applying for modification of his name, the registrant shall submit modification certificate issued by the relevant registry. An applicant who has not submitted the modification certificate may do so within thirty days from the date of filing the application. Where the submission is not made within the time limit, the application for the modification shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
When applying for modification of his name and address, the trademark registrant shall make the modifications in all his registered trademarks. If he fails to do so, the application for the modification shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

Article 25. When applying for the assignment of a registered trademark, the assignor and assignee shall file with the Trademark Office an Application for Assignment of Registered Trademark. The formalities of applying for the assignment of the registered trademark shall be gone through by the assignee. The Trademark Office, upon examination and approval of the application, shall issue the relevant certificate to the assignee and make an announcement.
When applying for the assignment of a registered trademark, the trademark registrant shall assign all the identical or similar trademarks registered in respect of the same or similar goods. If the registrant fails to do so, the Trademark Office shall notify him to correct the situation within a time limit; if the correction is not made within the time limit, the application for the assignment of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
Any application for the assignment of a registered trademark that may mislead the public or cause confusion or exert any other adverse effects shall not be approved by the Trademark Office. the Trademark Office shall notify the applicant in writing and explain the reason.

Article 26. If the exclusive right to use a registered trademark is transferred for reasons other than assignment, the party receiving the transferred exclusive right to use the registered trademark shall go to the Trademark Office with relevant certificates or legal instruments to go through the formalities for the transfer of the exclusive right to use the registered trademark.
When applying for the transfer of the exclusive right to use a registered trademark, the exclusive right holder of the registered trademark shall transfer all the other identical or similar trademarks registered in respect of the same or similar goods. If the exclusive right holder fails to do so, the Trademark Office shall notify him to correct the situation within a time limit; if the correction is not made within the time limit, the application for the assignment of the registered trademark shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

Article 27. When applying for the renewal of a trademark registration, the applicant shall file with the Trademark Office an Application for Renewal of Trademark Registration. After examination and approval of the application for the renewal of a trademark registration, the Trademark Office shall issue the relevant certificate and announce it.
The period of validity of a renewed trademark shall be calculated from the day after the expiration of the previous period of validity of the said trademark.

Chapter V
Trademark Review and Adjudication

Article 28. The Trademark Review and Adjudication Board shall accept applications for trademark review and adjudication filed according to the provisions of Articles 32, 33, 41 and 49 of the Trademark Law, and conduct, according to law, the review and adjudication on the basis of facts.

Article 29. By having dispute over a registered trademark mentioned in Article 41, paragraph three, of the Trademark Law shall be meant that a registrant of a trademark in respect of which a prior application is filed for registration thereof alleges that a trademark in respect of which another person subsequently files an application for its registration is identical with or similar to his trademark registered in respect of the identical or similar goods.

Article 30. When applying for the trademark review and adjudication, the applicant shall file an application with the Trademark Review and Adjudication Board, and submit the same number of copies thereof as that of the other parties; when filing the application for reexamination based on the Decision or Adjudication made by the Trademark Office, the applicant shall meantime submit a copy of the Decision or Adjudication made by the Trademark Office.
After receipt of the application, the Trademark Review and Adjudication Board shall accept the application found to have met the requirements for acceptance upon examination; the Trademark Review and Adjudication Board shall not accept the application if it does not meet the requirements, and notify the applicant in writing and explain the reason. Where rectification is required, the Trademark Review and Adjudication Board shall notify the applicant to make the rectification within thirty days from the date of receipt of the notification. If an application still fails to meet the requirements after the rectification, the Trademark Review and Adjudication Board shall not accept it, and notify the applicant in writing and explain the reason. If the rectification is not made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.
Where it finds that an application for the trademark review and adjudication does not meet the requirements for acceptance after accepting it, the Trademark Review and Adjudication Board shall reject the application and notify the applicant in writing and explain the reason.

Article 31. After accepting an application for the trademark review and adjudication, the Trademark Review and Adjudication Board shall send, in a timely manner, a copy of the Application to the other party, and require him to reply within thirty days from the date of receipt of the copy of the Application; failure to make a reply at the expiration of the time limit shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Article 32. Where an interested party needs to supplement relevant proofs after he files an application for trademark review and adjudication or makes a reply, he shall make a statement to this effect in the Application or Reply, and submit the proofs within three months from the date of filing the Application or making the Reply; if the proofs are not submitted at the expiration of the time limit, the supplementation thereof shall be deemed to have be abandoned.

Article 33. The Trademark Review and Adjudication Board may, at the request of an interested party or according to practical needs, decide to conduct a public review and adjudication of the application therefor.

Where it conducts a public review and adjudication of an application therefor, the Trademark Review and Adjudication Board shall notify the interested party, within fifteen days before the public review and adjudication is held, of the date and place of, and the persons conducting the public review and adjudication. The interested party shall make a reply within the time limit fixed in the notification.
Where the applicant does not reply, nor attend the public review and adjudication, his application for the trademark review and adjudication shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify him in writing. Where the respondent does not respond, nor attend the public review and adjudication, the Trademark Review and Adjudication Board may conduct a default review and adjudication.

Article 34. Where an applicant requests for the withdrawal of his application before the Trademark Review and Adjudication Board makes its decision or adjudication, he may withdraw his application after he explains the reason in writing to the Trademark Review and Adjudication. Where the application is withdrawn, the review and adjudication procedure terminates.

Article 35. Where an applicant withdraws his application for review and adjudication, he shall not file another application for the review and adjudication on the basis of the same facts and grounds. Where the Trademark Review and Adjudication Board has made the adjudication or decision as regards an application for trademark review and adjudication, any person shall not file another application for the review and adjudication on the basis of the same facts and grounds.

Article 36. In respect of a trademark the registration of which is cancelled in accordance with Article 41 of the Trademark Law, the exclusive right to use the trademark shall be deemed to be non-existent from the beginning. The decision or adjudication on the cancellation of the registered trademark has no retroactive effect on a judgment or decision already made and executed by the People's Court or the administrative department for industry and commerce on a case of trademark infringement, or on a trademark assignment or licensing contract executed. However, in respect of damage done to any other person in bad faith by the trademark registrant, he shall compensate for the damages.

Chapter VI
Administration of the Use of Trademarks

Article 37. Where a registered trademark is used, it may carry the indication of "注册商标" (“Registered Trademark”) or the registration signs on the goods, packaging or description or other attachments on the goods.
The registration signs include () and ( ® ). When used, the registration signs shall be marked or indicated on the upper or lower right hand corner of the trademark.

Article 38. Where a Certificate of Trademark Registration is lost or damaged, it is necessary to apply to the Trademark Office for re-issuance of the Certificate. Where the Certificate is lost, the registrant shall declare the loss of the Certificate by publishing a declaration in the Trademark Gazette. The damaged Certificate shall be returned to the Trademark Office when an application for re-issuance is filed.
Where a Certificate of Trademark Registration is forged or falsified, criminal liability shall be imposed according to law based on the provisions governing the crimes of forging and falsifying certificates issued by the State administrative authority or other crimes.

Article 39. In respect of any of the acts referred to in Article 44 (1), (2) and (3) of the Trademark Law, the administrative authority for industry and commerce shall order the trademark registrant to rectify the situation within a time limit. If the registrant refuses to comply, the case shall be submitted to the Trademark Office for cancellation of the registered trademark.
In respect of the act referred to in Article 44 (4) of the Trademark Law, any person may apply to the Trademark Office for cancellation of the said registered trademark and explain the circumstances. The Trademark Office shall notify the trademark registrant and require him to furnish, within two months from the date of receipt of the notification, proof of use of the trademark before the date on which the application for cancellation is filed, or a justifiable reason for its non-use. If no proof of use, nor a justifiable reason for the non-use is furnished at the expiration of the time limit or the proof is invalid, the Trademark Office shall cancel his registered trademark.
The proof of use of a trademark referred to in the preceding paragraph includes the proofs of the registrant's use of the registered trademark and his licensing any other person to use the registered trademark.

Article 40. Registered trademarks cancelled according to the provisions of Articles 44 and 45 of the Trademark Law shall be published by the Trademark Office; the exclusive right in the registered trademarks shall terminate on the date of cancellation decision made by the Trademark Office.

Article 41. Where the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark for reasons relating only to a part of the goods designated, the trademark registration in respect of this part of the designated goods shall be cancelled.

Article 42. The amount of the fine imposed in accordance with the provisions of Articles 45 and 48 of the Trademark Law shall be less than 20% of the illegal business turnover or less than two times the illegal profits.
The amount of the fine imposed in accordance with the provision of Article 47 of the Trademark Law shall be less than 10% of the illegal business turnover.

Article 43. Where he licenses another person to use his registered trademark, the licensor shall submit the trademark licensing contract to the Trademark Office for filing within three months from the date on which the contract is concluded.

Article 44. Where any person contravening the provisions of Article 40, paragraph two, of the Trademark Law, the administrative department for industry and commerce shall order the offender to rectify the situation within a prescribed time limit. Where the offender refuses to comply, the administrative department for industry and commerce shall confiscate the representations of his trademark. If it is difficult to detach the representations of the trademark from the goods, both the representations and goods shall be confiscated and destroyed.

Article 45. Where a trademark is used in contravention of the provision of Article 13 of the Trademark Law, an interested party may request the administrative department for industry and commerce for prohibition of the use. When filing the request, the interested party shall submit proofs that his trademark constitutes a well-known mark. If the Trademark Office establishes it as a well-known mark according to the provision of Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the infringer to cease the act of using the well-known mark in contravention with the provision of Article 13 of the Trademark Law, confiscate and destroy the representations of the trademark. If it is difficult to detach the representations of the trademark from the goods, both the representations and goods shall be confiscated and destroyed.

Article 46. Where a trademark registrant applies for the removal, from the Register, of his registered trademark or the registration of his trademark in respect of a part of the designated goods, he shall send an Application for Trademark Removal and return the original Certificate of Trademark Registration to the Trademark Office.
Where a trademark registrant applies for the removal, from the Register, of his registered trademark or the registration of his trademark in respect of a part of the designated goods, the exclusive right in the registered trademark or the effect thereof on the part of designated goods shall terminate on the date of receipt by the Trademark Office of the Application for Trademark Removal.

Article 47. Where the registrant of a trademark dies or ceases, and no formalities have been gone through for transfer of the registered trademark at the expiration of one year from the date of the death or cessation, any person is entitled to apply to the Trademark Office for the removal, from the Register, of the registered trademark. When filing an application for the removal, he shall submit the proofs of the death or cessation of the trademark registrant.
Where a registered trademark is removed from the Register owing to the death or cessation of the trademark registrant, the exclusive right to use the registered trademark terminates from the date of the death or cessation of the trademark registrant.

Article 48. Where a registered trademark is cancelled or removed from the Register according to the provisions of Articles 46 and 47 of these Regulations, the original Certificate of Trademark Registration shall become invalid. Where the registration of the trademark in respect of a part of the designated goods is cancelled, or where the trademark registrant applies for removal, from the Register, the registration of the trademark in respect of a part of designated goods, the Trademark Office shall return, to the registrant, the original Certificate of Trademark Registration on which the approval of the cancellation or removal has been marked, or re-issue the Certificate of Trademark Registration and publish the re-issuance.

Chapter VII
Protection of the Exclusive Right to Use Registered Trademark

Article 49. Where a registered trademark contains the generic name, shape or model of the goods in respect of which it is used, or directly indicates the quality, main raw material, function, use, weight, quantity and other features of the goods, or contains a place name, the holder of the exclusive right to use the registered trademark has no right to prohibit others from duly using.

Article 50. Any of the following acts shall be an act of infringement of the exclusive right to use a registered trademark as provided for in Article 52 (5) of the Trademark Law:
(1) to use any design which is identical with or similar to the registered trademark of another person on the same or similar goods, as the designation or decoration of the goods, which mislead the public; or
(2) to intentionally provide any other person with such facilities as of storage, transportation, postal service, and concealment in his infringement of the exclusive right of another person to use a registered trademark.

Article 51. Where the exclusive right to use a registered trademark has been infringed, any person may lodge a complaint with, or file a report on, the case of infringement to the administrative department for industry and commerce.

Article 52. An act of infringement of the exclusive right to use a registered trademark shall be subject to a fine of not exceeding three times the amount of the illegal business turnover. Where it is impossible to calculate the amount of the illegal business turnover, the fine shall be no more than RMB 100,000 yuan.

Article 53. Where a trademark proprietor believes that another person has registered his well-known trademark as an enterprise name, which is likely to deceive, or mislead, the public, he may file an application with the competent authority for the registration of enterprise names for cancellation of the registration of the enterprise name. The competent authority for the registration of enterprise names shall handle the matter pursuant to the Regulations for the Administration of Registration of Enterprise Names.

Chapter VIII
Supplementary Provisions

Article 54. Where a service mark already in continuous use up to 1 July 1993 which is identical with or similar to the service mark of another person already registered in respect of the same or similar services may continue to be used. However, a mark the use of which has been suspended for three or more years after 1 July 1993 shall not continue to be used.

Article 55. The specific measures for the administration of trademark agency shall be separately provided for by the State Council.

Article 56. The classification of goods and services for the purposes of registration of trademarks shall be formulated and published by the administrative department for industry and commerce under the State Council.
The documents or forms for filing applications for the registration of trademarks or for attending to other trademark matters shall be formulated and published by the administrative department for industry and commerce under the State Council.
The rules for trademark review and adjudication of the Trademark Review and Adjudication Board shall be formulated and published by the administrative department for industry and commerce under the State Council.

Article 57. The Trademark Office shall set up the Register of Trademark Registration for the documentation of registered trademarks and matters relating to the registration.
The Trademark Office shall compile, print and distribute the Trademark Gazette to publish trademark registrations and other related matters.

Article 58. Fees shall be paid for applying for the registration of trademarks or for handling other trademark matters. The items and schedule of the fees shall be provided for and published by the administrative department for industry and commerce under the State Council in conjunction with the competent price administrative department under the State Council.

Article 59. These Regulations shall enter into force on 15 September 2002. The Implementing Regulations of the Trademark Law of the People's Republic of China promulgated by the State Council on 10 March 1983, revised for the first time with the approval by the State Council on 3 January 1988, and revised for the second time with the approval by the State Council on 15 July 1993 and the Answers by the State Council to Issues Relating to the Attachment of Certificates for the Purpose of Trademark Registration shall simultaneously be abrogated.

3.Rules for Trademark Review and Adjudication
(Promulgated on 2 November 1995 in the former Order No. 37 and revised on 17 September 2002 in the Order No. 3 of the State Administration for Industry and Commerce)

Chapter I
General Provisions

Rule 1. These Rules are hereby formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementing Regulations of the Trademark Law of People's Republic of China (hereinafter referred to as the Implementing Regulations).

Rule 2. Under the Trademark Law and the Implementing Regulations thereof, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) shall be responsible for handling the following cases of trademark dispute:
(1) Cases of application for reexamination filed according to the provision of Article 32 of the Trademark Law out of dissatisfaction with decisions made by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) on rejection of applications for trademark registration;
(2) Cases of application for reexamination filed according to the provision of Article 33 of the Trademark Law out of dissatisfaction with opposition adjudication made by the Trademark Office;
(3) Cases of request for adjudication on cancellation of registered trademarks filed according to the provision of Article 41 of the Trademark Law; and
(4) Cases of application for reexamination filed according to the provision of Article 49 of the Trademark Law out of dissatisfaction with cancellation decisions made by the Trademark Office according to the provisions of Articles 41, paragraph one, 44 and 45 of the Trademark Law.

Rule 3. The review and adjudication activities in which an interested party participates in cases of trademark dispute shall proceed in writing.

Rule 4. The Trademark Review and Adjudication Board shall hear cases of trademark dispute on the basis of facts and in accordance with law.

Rule 5. The Trademark Review and Adjudication Board shall hear cases of trademark dispute in such a way that all interested parties are equal in application of law.

Rule 6. The Trademark Review and Adjudication Board shall hear cases of trademark dispute in writing, except the circumstances where it decides to publicly review and adjudicate a case according to the provision of Article 33 of Implementing Regulations.

Rule 7. The Trademark Review and Adjudication Board shall notify, in writing, the interested parties of, and explain the reason for, the decisions and adjudication made according to the Trademark Law, the Implementing Regulations and these Rules.

Rule 8. Unless otherwise provided for in these Rules, the collegial system shall be adopted for the Trademark Review and Adjudication Board to hear cases of trademark dispute, and the staff members for the trademark review and adjudication shall make a collegial panel to conduct the hearing of a case.
When the collegial panel hears a case, the principle is adopted that the minority are subordinate to the majority.

Rule 9. In any one of the following circumstances, any staff member of the Trademark Review and Adjudication Board shall withdraw, or an interested party may request him to withdraw:
(1) he is a party or a close relative to a party or agent of the case;
(2) he is related in such ways a party or agent insofar as the relation would affect impartiality; or
(3) he has his interests in the handling of the matter of trademark review and adjudication.
An interested party shall apply for the withdrawal of a staff member for trademark review and adjudication in writing and explain the reason therefor.

Rule 10. During the review and adjudication, an interested party shall have the right to dispose of, according to law, his trademark right and the right relating to trademark review and adjudication.

Rule 11. Where interested parties who are co-owners of a trademark participate in the review and adjudication, they shall designate a representative; where no representative is designated, the first person indicated in the trademark registration application or in the Trademark Register shall be the representative. The action of the representative to participate in the review and adjudication shall have effect on the interested parties he represents, but change of the representative, waiver of the review and adjudication request or acknowledgement of the other party's review and adjudication request must be authorised in writing by the interested parties represented.

Rule 12. Where a foreign person or enterprise attending to matters of review and adjudication who has his or its habitual residence or place of business in China may entrust a trademark agency authorised by the State and having the qualifications with, or directly attend to, the matter. Where a foreign person or enterprise attending to the matter of review and adjudication who does not have his or its habitual residence or place of business in China shall entrust a trademark agency authorised by the State and having the qualifications.

Rule 13. An interested party entrusting a trademark agency with the participation in the trademark review and adjudication shall submit a Power of Attorney. The Power of Attorney shall indicate such content and competence as authorised; the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.
Notarisation and legalisation of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done based on the principle of reciprocity.
The foreign person or foreign enterprise that applies for or participates in trademark review and adjudication shall use the Chinese language, and documents in a foreign language shall be attached with a Chinese translation thereof.

Rule 14. Where there is a change in the competence as authorised or the agent relation dissolved, the interested party shall inform the Trademark Review and Adjudication Board in writing in a timely manner.

Rule 15. Interested parties and agents may consult documents relating to a case, and apply for making copies of the documents and legal instruments relating to the case. The scope and way of the consulting and copying of the documents relating to the case shall be provided for by the Trademark Review and Adjudication Board.

Chapter II
Application and Acceptance

Rule 16. Applications for trademark review and adjudication shall conform to the requirements as follows:
(1) The applicants must be lawfully qualified subjects;
(2) The applications are filed within the statutory time limit;
(3) The applications fall within the scope of review and adjudication by the Trademark Review and Adjudication Board;
(4) Applications and the relevant proofs that conform to the requirement are submitted according to law;
(5) There are specific requests, factual bases and grounds for the review and adjudication; and
(6) The review and adjudication fees are paid according to law.

Rule 17. To apply for trademark review and adjudication, one shall file an Application with the Trademark Review and Adjudication Board. If there is (are) a respondent/respondents, the applicant shall file as many copies of the Application as there are respondents. To apply for reexamination in respect of a decision or adjudication made by the Trademark Office, one shall also submit the Decision or Adjudication made by the Trademark Office along with the Application.

Rule 18. Following information shall be indicated in the Application:
(1) The name, address and postal code of the applicant; if the applicant is a legal entity or other organisation, the name and position of its legal representative or leading person;
(2) The title, application number or preliminary examination number, registration number of the trademark at issue and the issue number of the Trademark Gazette publishing the trademark;
(3) Specific request for the review and adjudication, and the facts, grounds and legal bases for the request; and
(4) The name and telephone number of the person to be contacted.
Where the respondent(s) is(are) indicated in the review and adjudication application, the name and address thereof shall be indicated. Where a trademark agency is appointed to attend to the matter of the trademark review and adjudication, the name, address, postal code and telephone number thereof shall also be indicated.

Rule 19. The Trademark Review and Adjudication Board shall not accept trademark review and adjudication applications that do not conform to any one of the requirements of Rule 16 (1), (2) and (3) of these Rules, notify the applicants in writing and explain the reason.

Rule 20. Where a trademark review and adjudication application that does not conform to any one of the requirements of Rule 16 (4), (5) and (6) of these Rules or where the relevant certificates or proofs are not submitted according to the Implementing Regulations and these Rules, the Trademark Review and Adjudication Board shall notify the applicant to make rectification and require him to comply within 30 days from the date of receipt of the notification on rectification.
The Trademark Review and Adjudication Board shall not accept any application that remain contrary to the requirements upon rectification, notify the applicant in writing and explain the reason. Where the rectification is not made at the expiration of the time limit, the review and adjudication application shall be deemed to have been withdrawn by the applicant according to the provision of Article 30 of the Implementing Regulations, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

Rule 21. Where a trademark review and adjudication application conforms to the requirement of acceptance, the Trademark Review and Adjudication Board shall issue to the applicant the Acceptance Notification within thirty days.

Rule 22. In any one of the following circumstances, trademark review and adjudication applications accepted by the Trademark Review and Adjudication Board are ones that fail to conform to the requirements of acceptance, and shall be rejected according to Article 30 of the Implementing Regulations:
(1) they are contrary to the provision of Article 42 of the Trademark Law in that applications for adjudication are filed on the basis of the same facts and grounds in respect of the trademarks to which opposition was raised and on which adjudication was made before they were approved for registration;
(2) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect of trademarks to which opposition was raised and on which adjudication was made after the applicant withdrew the trademark review and adjudication applications;
(3) they are contrary to the provision of Article 35 of the Implementing Regulations in that applications for review and adjudication are filed on the basis of the same facts and grounds in respect to the adjudication or decision made by the Trademark Review and Adjudication Board; or
(4) any other circumstances under which the applications shall not be accepted.
The Trademark Review and Adjudication Board, when rejecting a trademark review and adjudication application, shall notify the applicant in writing, and explain the reason.

Rule 23. The applicant who needs to supplement relevant proofs after filing the review and adjudication applications shall make a statement in the Application and submit the same number of copies of the proofs as that of the Application within three months from the date of filing. Where the applicant does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Rule 24. Where there is/are a respondent/respondents indicated in the Review and Adjudication Application, the Trademark Review and Adjudication Board, upon acceptance, shall forward the copies of the Application and the relevant proofs thereto in a timely manner, and require him/them to submit the Reply to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the copy of the Application, and submit the same number of copies thereof as that of the applicants. Failure to submit the Reply shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Rule 25. The respondent who needs to supplement relevant proofs after he makes a Reply shall make a statement in the Reply and submit the same number of copies of the proofs as that of the Reply within three months from the date of submitting the Reply. Where the respondent does not make the statement or fails to submit the relevant proofs at the expiration of the time limit, he is deemed to have abandoned the supplementation of the relevant proofs.

Rule 26. After receipt of the Reply and the relevant proofs from the respondent, the Trademark Review and Adjudication Board shall forward the copies of the Reply and the relevant proofs to the applicant in a timely manner.
The applicant who has evidence contrary to the Reply and the relevant proofs shall submit all the evidence to the Trademark Review and Adjudication Board within thirty days from the date of the receipt of the Reply and the relevant proofs.

Rule 27. The applicant, when filing an Application or respondent, when filing a Reply, shall, meanwhile, submit valid certificates capable of proving his identification. The name of the applicant or the respondent shall be consistent with that indicated in the certificates submitted.
Where there is a change in the name or address of an interested party, relevant proofs to this effect shall be submitted.

Rule 28. The interested party shall categorise, number and list each proof he submits, briefly explain the source thereof and specific facts of the evidence, and sign and seal them.
The Trademark Review and Adjudication Board, after receiving the proofs submitted by an interested party, shall check the proofs according to the list thereof, and the staff member receiving the proofs shall sign his name thereon and indicate the date of submission.

Rule 29. The Trademark Review and Adjudication Application and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the applicant to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Application and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall be governed by Rule 20, paragraph two, of these Rules.
The Trademark Review and Adjudication Reply and relevant proofs shall be filled out and submitted in the prescribed form and in conformity with the requirements. Where the Trademark Review and Adjudication Application and relevant proofs are not filled out and submitted in the prescribed form and in conformity with the requirements, the Trademark Review and Adjudication Board shall notify the respondent to make rectification, requiring him to do so within thirty dates from the date of receipt of the rectification notification. Failure for the amended Reply and relevant proofs to conform to the prescription or failure to make the rectification at the expiration of the time limit shall not affect the review and adjudication by the Trademark Review and Adjudication Board.

Chapter III
Hearing

Rule 30. The Trademark Review and Adjudication Board shall set up a collegial panel to hear a case of trademark review and adjudication. The collegial panel shall be composed of an odd number of three or more trademark review and adjudication staff members. However, cases with clear facts and simple circumstances to be heard by the Trademark Review and Adjudication Board may be reviewed and adjudicated solely by an individual trademark review and adjudication staff member.

Rule 31. In any one of the following circumstances, an individual trademark review and adjudication staff member may solely review and adjudicate a case:
(1) where a trademark which has cited by the Trademark Office in its rejection decision or opposition adjudication has lost the exclusive right or the right of priority therein;
(2) where a trademark of which a request for cancellation has been filed has lost the exclusive right therein;
(3) where a trademark which has cited by the Trademark Office in its rejection decision is actually owned by an applicant, but rejected by the Trademark Office because the applicant fails to go through the formalities for a change in time, and the applicant applies, during the review and adjudication, to the Trademark Office to complete the formalities for the change;
(4) where a trademark, cited by the Trademark Office in its rejection decision, in respect of which another person has filed a prior application or which he has been granted the registration has been, during the review and adjudication, approved to be assigned to the applicant; or
(5) any other cases which the Trademark Review and Adjudication Board decides that they may be under the sole review and adjudication by an individual trademark review and adjudication staff member.

Rule 32. After the trademark review and adjudication staff members are decided on, the Trademark Review and Adjudication Board shall notify the interested parties in writing in a timely manner.

Rule 33. Where an interested party applies for the withdrawal of a trademark review and adjudication staff member according to the provision of Article 9 of the Implementing Regulations and Rule 9 of these Rules, he shall file the application within fifteen days from the date of being informed of the trademark review and adjudication staff members. Where a party finds out the circumstance in which some relevant trademark review and adjudication staff member should withdraw at the expiration of the time limit, he may do so before a review and adjudication decision or adjudication is made, but he shall furnish relevant evidence.
Any trademark review and adjudication staff member whose withdrawal has been applied for shall suspend his participation in the hearing of the case before the Trademark Review and Adjudication Board decides whether or not he should withdraw.
The Trademark Review and Adjudication Board's receipt of a party application for withdrawal after it makes decision or adjudication shall not affect the validity of the review and adjudication decision or adjudication.

Rule 34. In respect of a party's application for withdrawal, the Trademark Review and Adjudication Board shall make its decision within seven days after the date of the receipt of the application, and notify the applicant in writing. An applicant who is not satisfied with the decision on withdrawal made by the Trademark Review and Adjudication Board, may apply for reconsideration once within three days after the date of the receipt of the decision. During the reconsideration, the trademark review and adjudication staff member whose withdrawal has been applied for shall not suspend his participation in the hearing of the case. The Trademark Review and Adjudication Board shall make its reconsideration decision within three days, and notify the reconsideration applicant in writing.

Rule 35. In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on the rejection of trademark registration, the Trademark Review and Adjudication Board shall review and adjudicate the rejection decision made by the Trademark Office, the facts of, grounds on and requests for the reexamination application by the applicant and the factual situation in the course of review and adjudication.

Rule 36. In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on the opposition adjudication, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts of, grounds on and requests for, the reexamination application and reply made by the interested parties.

Rule 37. In hearing a case of reexamination applied for out of dissatisfaction with a decision by the Trademark Office on cancellation of a registered trademark according to the provision of Article 41, paragraph one, of the Trademark Law, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the decision made by the Trademark Office and the facts of, grounds on and requests for, the reexamination application by the interested parties.
In hearing a case of reexamination applied for out of dissatisfaction with a decision on cancellation of a registered trademark made by the Trademark Office according to the provision of Articles 44 and 45 of the Trademark Law, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts, grounds and application of law on the basis of which the Trademark Office has made the decision on cancellation of a registered trademark.

Rule 38. In hearing a case of adjudication requested according to the provision of Article 41 of the Trademark Law on the cancellation of a registered trademark, the Trademark Review and Adjudication Board shall review and adjudicate the case in connection with the facts of, grounds on and requests for, the reexamination application and reply by the interested parties.

Rule 39. In any one of the following circumstances, the review and adjudication shall terminate:
(1) the applicant dies, there is not an heir in title, or the heir in title abandons his right for review and adjudication;
(2) the applicant withdraws his application for review and adjudication;
(3) the interested parties eliminate a dispute via agreement; or
(4) any other circumstance requiring the termination of the review and adjudication.
Where the review and adjudication terminates, the Trademark Review and Adjudication Board shall close the case, notify the interested parties in writing, and explain the reason.

Rule 40. Where he requests for withdrawal of his application before the Trademark Review and Adjudication Board makes a decision or adjudication, the applicant may withdraw his application upon explanation in writing to the Trademark Review and Adjudication Board of the reasons therefor. However, receipt of the request from the applicant for withdrawal of his application for review and adjudication shall not affect the validity of the review and adjudication decision or adjudication.

Rule 41. The collegial panel shall put down in writing the case it hears, and the written record shall be signed by the members thereof. Where the members of a collegial panel are divided in their opinions, the divided opinions shall be indicated in the collegial record.
The Trademark Review and Adjudication Board shall make decision or adjudication on a case the review and adjudication of which has been closed.

Rule 42. The following shall be indicated in the decision or adjudication by the Trademark Review and Adjudication Board:
(1) Request for review and adjudication and facts at issue and grounds;
(2) Facts ascertained , reasons and grounds for the application of law in the decision or adjudication;
(3) Conclusion made in the decision or adjudication;
(4) The follow-up procedure and time limit available to interested parties; and
(5) Date of the decision or adjudication.
The decision or adjudication shall be signed by the members of the collegial panel and sealed by the Trademark Review and Adjudication Board.

Rule 43. In respect of cases transferred from the people's court for reexamination where an interested party institutes proceedings in the people's court out of dissatisfaction with a decision or adjudication made by the Trademark Review and Adjudication Board, the Trademark Review and Adjudication Board shall set up another collegial panel to conduct the review and adjudication again.

Rule 44. Where an interested party does not institute proceedings in the people's court in respect of a decision or adjudication made by the Trademark Review and Adjudication Board within the statutory time limit, the decision or adjudication shall become legally effective.

Chapter IV
Public Review and Adjudication

Rule 45. The Trademark Review and Adjudication Board may, at the request of an interested party or according to practical needs, decide to conduct a public review and adjudication of the application therefor.

Rule 46. If an interested party requests for public review and adjudication, he shall give specific reasons that the public review and adjudication is necessary.

Rule 47. In respect of the following cases involving both parties, the Trademark Review and Adjudication Board may decide to hold the public review and adjudication at the request of an interested party:
(1) One interested party requests for the face-to-face cross-examination or debate on important evidence with the other party; or
(2) It is necessary to ask for the presence of the witness who has furnished important oral evidence for testimony or cross-examination.

Rule 48. An applicant requesting for the public review and adjudication shall file the request in writing with the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the copy of the Reply made by the respondent; and a respondent requesting for the public review and adjudication shall file the request together with the submission to the Trademark Review and Adjudication Board of the Reply or additional relevant proofs.

Rule 49. In any one of the following circumstances, the Trademark Review and Adjudication Board may decide at its own discretion to hold the public review and adjudication:
(1) It is necessary for both parties to hold the face-to-face cross-examination or debate to determine important evidence;
(2) It is necessary to cross-examine and question the witness furnishing important oral evidence to determine important evidence; or
(3) Any other circumstances in which the public review and adjudication is necessary.

Rule 50. If it holds necessary, the Trademark Review and Adjudication Board may decide to hold the public review and adjudication again of a case in respect of which the public review and adjudication has been held.

Rule 51. The public review and adjudication shall be conducted in respect to the proofs that the interested parties have submitted to the Trademark Review and Adjudication Board and that have been exchanged between both parties.

Rule 52. Where a decision is made to hold the public review and adjudication, the collegial panel shall notify, in writing, the interested parties and other review and adjudication staff members fifteen days before the public review and adjudication is held, of the date and place of the public review and adjudication, and the persons making the collegial panel.

Rule 53. The interested parties shall submit the Receipt of the Public Review and Adjudication Notification to the Trademark Review and Adjudication Board three days before the public review and adjudication is held. Where the review and adjudication applicant fails to do so to reply whether he is going to attend the public review and adjudication at the expiration of the time limit, or does not attend the public review and adjudication, his application for review and adjudication shall be deemed to have been withdrawn, and the review and adjudication proceeding terminates. The Trademark Review and Adjudication Board shall close the case and notify the applicant in writing. Where the review and adjudication applicant replies before the time limit expires, saying not to attend the public review and adjudication, or the respondent does not return the Receipt at the expiration of the time limit, nor attends the public review and adjudication, the Trademark Review and Adjudication Board may hold the review and adjudication by default.

Rule 54. The receipt of the Public Review and Adjudication Notification shall be signed or sealed by the interested parties. If they express their intention to attend the public review and adjudication, the interested parties shall indicate, in the Receipt of the Public Review and Adjudication Notification, the name and identification of the attendants the interested parties send to the public review and adjudication. If an interested party appoints a trademark agency to attend the public review and adjudication, he shall indicate, in the Receipt of the Public Review and Adjudication Notification , the name of the trademark agent who is going to attend the public review and adjudication.
Where a witness is requested to attend the public review and adjudication to present his testimony regarding the oral evidence he has presented during the hearing, the name of the witness, the relevant information ascertaining his identification and the facts to be testified shall be indicated in the Receipt of the Public Review and Adjudication Notification. A witness who is not indicated therein shall not attend the public review and adjudication to present testimony.

Rule 55. Those sent by each party to the public review and adjudication shall not be more than four persons, including the agent from an appointed trademark agency. If one party sends several persons to attend the public review and adjudication, he shall appoint one of them as first speaker to make the main presentation.

Rule 56. Before the public review and adjudication begins, the Trademark Review and Adjudication Board may hold a pre-hearing preparatory meeting attended by both parties to solicit their opinions regarding the relevant facts and proofs and to determine the main issues to be investigated in the public review and adjudication.
The collegial panel shall prepare a record of the opinions raised by the interested parties at the preparatory meeting held before the public review and adjudication, and the record shall be verified and signed by both parties.

Rule 57. When the public review and adjudication begins, the collegial panel shall check the identification certificates of the participants of the public review and adjudication and confirm whether or not they are qualified to attend the public review and adjudication and find out whether or not the interested parties and other participants are present at the public review and adjudication.

Rule 58. Before the investigation at the public review and adjudication, the collegial panel shall brief on the case, clarify the main issue in dispute between the two parties, and then proceed to commence the investigation of the public review and adjudication.

Article 59. The investigation of the public review and adjudication proceeds in the order as follows:
(1) the applicant presents his review and adjudication requests and briefs on the relevant facts and evidence;
(2) the respondent makes a defence;
(3) the collegial panel makes verifications as to the review and adjudication requests, grounds, and the evidence furnished by the parties to the case;
(4) the applicant adduces evidence regarding the grounds of the review and adjudication request, the facts and proofs based on which the request is filed; and
(5) the respondent cross-examines the applicant's evidence and raises counter evidence, and the applicant cross-examines the respondent's counter evidence.

Rule 60. In cases of public review and adjudication, evidence shall be presented at the public review and adjudication and cross-examined by the parties. Evidence which has not been cross-examined should not be used as the basis to ascertain the facts in a case. Evidence which the parties accepted at the pre-hearing preparatory meeting and which is recorded on files may do so after the collegial panel makes it clear at the public review and adjudication.
When cross-examining documentary evidence, material evidence or audiovisual reference material, an interested party has the right to request for producing the original of the evidence, except that the original has lost or that there exists evidence showing that the copy or reproduction is consistent with the original.

Rule 61. During the cross-examination, interested parties shall challenge, clarify and argue about the authenticity, relevance, legitimacy and the evidential force of the evidence.

Rule 62. The cross-examination shall proceed in the order as follows:
(1) The applicant produces evidence, and the respondent cross-examines it with the applicant; and
(2) The respondent produces evidence, and the applicant cross-examines it with the respondent.

Rule 63. The members of the collegial panel may question an interested party or witness on relevant facts and evidence and require an interested party or witness to make explanation.
An interested party may question a witness with the consent of the collegial panel.
The interested party shall not question a witness in intimidating or insulting language or manner.

Rule 64. Any witness shall not audit on the public review and adjudication. When a witness is questioned, other witnesses shall not be present.
The Trademark Review and Adjudication Board may ask a witness to cross-examine evidence when necessary.

Rule 65. After the public review and adjudication investigation is over, oral debate may be held. The interested parties make their observations concerning the facts demonstrated by the evidence, the issues in dispute and the matter of application of law.
Where they have no dispute over the evidence and facts of the case, both parties may directly enter into the oral debate on the basis of verification of the evidence and facts.

Rule 66. The oral debate proceeds in the order as follows:
(1) the applicant makes a presentation;
(2) the respondent makes a defence; then
(3) they debate with each other.
During the oral debate, the members of the collegial panel may ask questions.

Rule 67. Where an interested party presents evidence which he has furnished before, but which has not been investigated in the public review and adjudication in the course of the oral debate, the collegial panel may adjourn the debate, and restart the public review and adjudication investigation. The oral debate shall resume after the investigation is over.

Rule 68. After both parties make their observations at the debate, the collegial panel shall first ask the applicant and then the respondent to make their final comments.

Rule 69. After the final comments are made, the public review and adjudication is over. The Trademark Review and Adjudication Board shall make adjudication according to law within a certain period afterward, and send the Adjudication to the interested parties.

Rule 70. The collegial panel shall put the public review and adjudication down in writing, recording the important matters involved in the public review and adjudication. When the public review and adjudication terminates, the collegial panel shall give the record to the interested parties for verification. The interested parties have the right to request for correction of defects or errors in the record. Record that proves to be correct upon verification shall be signed by the interested parties and put on file. Where an interested party refuses to sign the record, the collegial panel shall indicate it in the public review and adjudication record.
The important matters mentioned in the preceding paragraph contain, among other things, following information:
(1) the review and adjudication request, grounds and evidence of the parties;
(2) important facts accepted by both parties; and
(3) any other important matters that need to be put down in writing.

Rule 71. During the public review and adjudication, auditing, photograph-taking, sound-recording and video-recording shall not be allowed without the permission of the Trademark Review and Adjudication Board.

Chapter V
Rules on Evidence

Rule 72. If an applicant files an application with the Trademark Review and Adjudication Board or a respondent raises a rebuttal, he shall furnish relevant proofs.
The proofs include, among other things, documentary evidence, material evidence, audiovisual reference material, oral evidence of witnesses, statements made by the parties and appraisal conclusion.

Rule 73. An interested party shall be under the burden of proof to testify the facts on the basis of which he requests for the review and adjudication or on the basis of which one rebut the other party's review and adjudication request.
Where there is no evidence or there is not sufficient evidence to attest to the factual claims by an interested party, the interested party under the burden of proof shall bear the adverse consequences.

Rule 74. Where one interested party expressly acknowledges the facts in a case as stated by the other party, the latter is not under the burden of proof.

The other party's neither acknowledging nor denying the facts claimed by an interested party shall be deemed acknowledgement thereof.
Where an interested party appoints an agent to attend the review and adjudication, the agent's acknowledgement shall be deemed the interested party's acknowledgement, except that the acknowledgement by an agent not specially authorised directly results in the acknowledgement of the review and adjudication request of the other party. Lack of denial, on the part of the interested party present, of the acknowledgement by the agent shall be deemed acknowledgement thereof.
Where an interested party withdraws his acknowledgement before the debate at the public review and adjudication is over and the other party gives his consent thereto, or where there is sufficient evidence to show that his acknowledgement is made under coercion or in the presence of major misunderstanding, the other party shall not be exempt from the burden of proof.

Rule 75. An interested party does not need to adduce evidence to prove the following facts:
(1) facts known to all;
(2) facts deducted from the law;
(3) facts proven according to the law;
(4) facts deducted on the basis of experience and laws of the daily life; and
(5) other facts in respect of which adduction of evidence is not required under the law.
Except that an interested party has evidence to the contrary which is sufficient enough to upset the facts.

Rule 76. An interested party who furnishes the Trademark Review and Adjudication Board with documentary evidence shall furnish the original, including the original text, the authentic text and the copy. The interested party who has difficulty furnishing the original may furnish the Xerox copies, photographs or extracts certified to be consistent with the original. Where the Xerox copies, photographs or extracts, which are certified to be consistent with the original, of the original documentary evidence kept by a relevant department, the sources shall be indicated and sealed thereby upon verification.

Rule 77. An interested party who furnishes the Trademark Review and Adjudication Board with material evidence shall furnish the original material. The interested party who has difficulty furnishing the original may furnish the reproduction certified to be consistent with the original material or other evidence such as photographs or video-recordings of said material evidence. Where the original is of relatively many varieties, a part thereof shall be furnished.

Rule 78. Where an interested party furnishes the Trademark Review and Adjudication Board with computer data or audiovisual reference material, such as sound-recordings or video-recordings, the following requirements shall be complied with:
(1) the original carrier of the relevant reference material be furnished; where it is indeed difficult to furnish the original carrier, the reproduction thereof may be furnished;
(2) the way, time, reproducer and facts to be proved of the reproduction be indicated; and
(3) the sound-recording reference material be attached with the transcripts thereof.

Rule 79. An interested party furnishes the Trademark Review and Adjudication Board with a witness's oral evidence , the following requirements shall be complied with:
(1) the name, age, gender, residence, employer or profession and other information of the witness be indicated;
(2) the witness signs the oral evidence; where he cannot sign it, he put his seal on it or give proof in some other way;
(3) the date on which it is produced be indicated; and
(4) doucments showing the identification of the witness, such as a copy of identification card shall be attached.

Rule 80. Where an interested party furnishes the Trademark Review and Adjudication Board with an appraisal conclusion, he shall indicate the entruster, subject matters of appraisal entrusted, relevant material submitted to the appraisal department, basis of appraisal and statements of the qualification of the appraisal department and appraisers and the appraisal conclusion shall be signed by the appraisers and sealed by the appraisal department. For an appraisal conclusion obtained through analysis, the process of analysis shall be explained.

Rule 81. Where evidence an interested party furnishes to the Trademark Review and Adjudication Board is formed outside the territory of the People's Republic of China, the evidence shall be notarised by a notary office of the country and legalised by the embassy or consulate of the People's Republic of China in that country, or undergo the certification procedure provided for in the relevant treaty concluded between the People's Republic of China and the country.
Where evidence an interested party furnishes to the Trademark Review and Adjudication Board is formed in Hong Kong, Macao and Taiwan, he shall go through the relevant certification procedure.

Rule 82. Where an interested party furnishes to the Trademark Review and Adjudication Board instruments or explanatory material in a foreign language, he shall attach the Chinese translation thereof. Where an interested party who has furnished evidence in a foreign language fails to submit the Chinese translation thereof, the evidence in the foreign language shall be deemed not to have been submitted.
Where the other party has objection to the specific content of the translation, he shall submit the Chinese translation of the part to which the objection is raised. If necessary, an entity accepted by both parties may be entrusted with the translation of the text, in whole or in part, used or objected to.
Where both parties fail to reach an agreement on the translation entrustment, the Trademark Review and Adjudication Board may entrust a professional translation entity with the translation of the text, in whole or in part, used or objected to. Each party shall bear 50 percent of the fees necessary for the entrusted translation. A party's refusal to pay the translation fee shall be deemed its acceptance of the translation submitted by the other party.

Rule 83. In the following circumstances, the Trademark Review and Adjudication Board may investigate and collect evidence:
(1) facts involved that are likely to prejudice the interests of the country and public; and
(2) matters of procedure that are irrelevant to substantive disputes, such as termination of the review and adjudication or withdrawal;

Rule 84. A single piece of evidence may be verified and confirmed as to the presence and strength of evidential force in relation to the following aspects:
(1) whether the evidence is the original text, original material, copy or reproduction; whether it is consistent with the original;
(2) whether the evidence is relevant to the facts of a case;
(3) whether the evidence conforms to the law in terms of form or source;
(4) whether the evidence is true in content; and
(5) whether the witness or the person furnishing the evidence has interest in an interested party.

Rule 85. The review and adjudication staff members shall comprehensively examine and evaluate all the evidence as to the degree of the relevance of all the evidence to the facts of a case and the relationship of the evidence.

Rule 86. Evidence obtained in ways prejudicing the lawful rights and interests of another person or contrary to provision on prohibition of the law shall not serve as the basis for ascertaining the facts in a case.

Rule 87. The following evidence shall not alone serve as the basis for ascertaining facts in a case:
(1) Oral evidence from a minor which does not match his age or intelligence;
(2) Oral evidence from a witness who is a relative, affiliate or otherwise closely related to an interested party in his favour or oral evidence not in his favour from a witness who is adversely-related thereto;
(3) Oral evidence from a witness who should attend the public review and adjudication but fails to without justification;
(4) Audiovisual reference material difficult to be detected as to whether it is modified or not;
(5) Copy or reproduction impossible to be verified with the original;
(6) Proofs which one party or another person has modified and which the other party does not accept; and
(7) Any other proofs that cannot serve as the basis for ascertaining the facts in a case.

Rule 88. A witness presenting evidence shall objectively state the truth of his personal experience, and shall not do so in conjectural, inferential or commentary language.
A person who is not able to correctly express his will shall not act as a witness.

Rule 89. The following evidence which one party furnishes and to which the other party raises his objection without evidence to the contrary sufficient enough to deny the truth thereof shall be established by the Trademark Review and Adjudication Board as having its evidential force:
(1) The original documentary evidence or the Xerox copies, photographs, copies or extracts thereof which are verified to be consistent with the original documentary evidence;
(2) The original material evidence or the copies, photographs or video-recording materials thereof which are verified to be consistent with the original material evidence;
(3) The audiovisual reference material which is supported by other evidence and obtained by legal means and free of any doubt or the reproduction thereof verified without any inconsistency found.

Rule 90. Where the other party does not have evidence and reasons sufficient enough to rebut an appraisal conclusion which an interested party has entrusted an appraisal department with making, the evidential force of the appraisal conclusion may be established.

Rule 91. In respect of the evidence one party has furnished, the other party accepts or the evidence to the contrary furnished thereby is not sufficient enough to rebut it, the Trademark Review and Adjudication Board may determine its evidential force.
Where in respect of the evidence one party has furnished, the other party has objection thereto and presents evidence to rebut it, and the other party accepts the rebutting evidence, the evidential force of the rebutting evidence may be determined.

Rule 92. Where both parties furnish evidence to the contrary in respect of the same fact, neither has sufficient ground for the denial of the evidence of the other party, the Trademark Review and Adjudication Board shall evaluate, considering the circumstances of a case, whether or not the evidence furnished by one party is obviously more valid in evidential force than that by the other party, and confirm the evidence carrying more valid evidential force.
Where it is impossible to evaluate the evidential force of the evidence, and, as a result, it is difficult to ascertain the facts in dispute, the Trademark Review and Adjudication Board shall make determination according to the doctrine for distribution of burden of proof.

Rule 93. The Trademark Review and Adjudication Board shall confirm the facts and accepted evidence acknowledged adverse to an interested party in his Application, Reply, Written Statement, and the statements made by the agent he has entrusted in the course of review and adjudication, except that the party goes back on his words and has evidence to the contrary which is sufficient enough to upset the evidence.

Rule 94. Where an interested party has made his own statement of, but cannot furnish other relevant evidence to back up, his claim, the claim shall not be supported, except that the other party otherwise accepts the claim.

Rule 95. The Trademark Review and Adjudication Board may determine the evidential force of several pieces of evidence as to the same fact according to the following principles:
(1) Documents and instruments prepared by a State agency and any other competent department according to the functions and authority thereof prevail over other documentary evidence;
(2) Appraisal conclusions, materials kept on file and notarised or registered documentary evidence prevail over other documentary evidence, audiovisual reference evidence and oral evidence from a witness;
(3) Original documents or materials prevail over copies or reproductions;
(4) Appraisal conclusions made by statutory appraisal departments prevail over those by other appraisal departments;
(5) Original evidence prevails over to derivative evidence;
(6) Other oral evidence of witnesses prevails to oral evidence from a witness who is a relative or otherwise closely related to an interested party in his favour;
(7) Oral evidence from a participant of the public review and adjudication prevails over that from a non-participant; and
(8) Several pieces of evidence variant in category and consistent in content prevail over a single isolated piece of evidence.

Chapter VI
Time Limit and Service

Rule 96. The time limit includes the statutory time limit and that fixed by the Trademark Review and Adjudication Board.
The time limit is counted in days, months and years. The beginning day of a time limit is not counted.
Where the last day on which a time limit expires is a public holiday, the first workday following the public holiday is the date on which the time limit expires.

Rule 97. Where any document or material is sent to the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally, or the date of posting indicated by the postmark if it is sent by post; where the date of posting indicated by the postmark is illegible, or there is no postmark, the date of receipt shall be the date on which the Trademark Review and Adjudication Board actually receives the document or material, except that the interested party is able to present evidence as to the actual date of posting indicated by the postmark.

Rule 98. Any document of the Trademark Review and Adjudication Board may be served by post, by personal delivery or by other means. Where an interested party entrusts a trademark agency, delivery of the document to the trademark agency shall be deemed delivery thereof to the interested party.
Where any document is sent to an interested party by the Trademark Review and Adjudication Board, the date of receipt shall be the date of receipt indicated by the postmark on which the interested party receives it if it is sent by post; where the date of posting indicated by the postmark is illegible, or where there is no postmark, or it is not returned to the addressor by the Post Office the document shall be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receipt shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served by making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been served.

Chapter VII
Supplementary Provisions

Rule 99. The circumstances having arisen before entry into force of the Decision on the Amendment of the Trademark Law on 1 December 2001 that are listed in Articles 4, 5, 8, 9, paragraph one, 10, paragraph one (2), (3) and (4), 10, paragraph two, 11, 12, 13, 15, 16, 24, 25 and 31 of the revised Trademark Law and that the Trademark Review and Adjudication Board reviewed and adjudicated after entry into force of the Decision on the Amendment of the Trademark Law shall be reviewed and adjudicated pursuant to the relevant provisions of the revised Trademark Law. In respect of other circumstances, the Trademark Review and Adjudication Board shall apply the relevant provisions of the former Trademark Law to the review and adjudication thereof.

Rule 100. Where an interested party applies to the Trademark Review and Adjudication Board for review and adjudication in respect of a dispute over a trademark that had been registered for a year when the Decision on the Amendment of the Trademark Law entered into force, the time limit for filing the application provided for in Article 27, paragraph two, of the former Trademark Law shall apply in handling the application to the Trademark Review and Adjudication Board for review and adjudication. Where an interested party applies to the Trademark Review and Adjudication Board for review and adjudication in respect of a dispute over a trademark that had been registered for less than a year when the Decision on the Amendment of the Trademark Law entered into force, the time limit for filing the application provided for in Article 41, paragraph three, of the revised Trademark Law shall apply in handling the application to the Trademark Review and Adjudication Board for review and adjudication
Where an relevant entity or person files on application for review and adjudication according to the provisions of Article 27 of the former Trademark Law and Rule 25 of Implementing Regulations thereof before entry into force of the Decision on the Amendment of the Trademark Law, and the application falls into the provisions of Articles 13, 15, 16 or 31 of the revised Trademark Law, the provision for the time limit for filing application for review and adjudication of Article 41, paragraph two, of the revised Trademark Law does not apply.

Rule 101. Where cases had been accepted before entry into force of the Decision on the Amendment of the Trademark Law, but fall outside the scope of review and adjudication by the Trademark Review and Adjudication Board provided for in Article 28 of the Implementing Regulations and the review and adjudication of which have not been closed, the Trademark Review and Adjudication Board shall return them, notify the applicants in writing and explain the reason.

Rule 102. Where cases of re-review and re-adjudication that have been accepted according to the provisions of Rules 34 and 35 of the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995 before entry into force of the Decision on the Amendment of the Trademark Law fall into the scope of review and adjudication by the Trademark Review and Adjudication Board as provided for in Article 28 of the Implementing Regulations, the Trademark Review and Adjudication Board shall conduct review and adjudication thereof again and make decision or adjudication thereon pursuant to the revised Trademark Law and the Implementing Regulations thereof, except that it is otherwise provided for in Rules 99 and 100 of these Rules for the application of the relevant provisions of the former Trademark Law.

Rule 103. The documents or forms for handling review and adjudication matters shall be formulated and published by the State Administration for Industry and Commerce.

Rule 104. The Trademark Review and Adjudication Board shall establish an experts consultation group for consultation or comments on relevant points at issue in the trademark review and adjudication.
The experts consultation group shall be composed of legal experts, and the Trademark Review and Adjudication Board shall appoint experts to make the experts consultation group.

Rule 105. Before these Rules enter into force, the Trademark Review and Adjudication Board shall hear cases of trademark review and adjudication according to the procedure under the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995. However, where the Rules run into conflict with the Decision on the Amendments of the Trademark Law, the Decision on the Amendment of the Trademark Law shall govern. Where the Rules run into conflict with the Implementing Regulations after the Implementing Regulations enter into force, the Implementing Regulations shall govern. Where the State Administration for Industry and Commerce issues notification to provide otherwise in connection with the Rules, the provisions of the relevant notification shall be complied with.

Rule 106. The State Administration for Industry and Commerce shall be responsible for the interpretation of these Rules.

Rule 107. These Rules shall enter into force on 17 October 2002, and the Rules for Trademark Review and Adjudication promulgated by the State Administration for Industry and Commerce on 2 November 1995 shall be simultaneously abrogated.

4.Provisions for Establishment and Protection of Well-known Trademarks
(Issued by the State Administration for Industry and Commerce on 17 April 2003)

Article 1. These Provisions are hereby formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations).

Article 2. For the purpose of these Provisions, the well-known mark shall refer to a mark which is widely known to the relevant section of the public and enjoys a relatively high repute in China.
The relevant section of the public shall include the consumers concerned with a class of goods or service designated by a trademark in use, other operators who manufacture said goods or provide services and the marketing people involved or those concerned in the channel of commerce.

Article 3. The following may serve as proofs of the well-knownness of a mark:
(i) the relevant proofs as to the extent of the well-knownness of said mark to the relevant section of the public;
(ii) the relevant proofs as to the duration of the use of said mark, including those relating to the history and scope of the use and registration of said mark;
(iii) the relevant proofs as to the duration, extent and geographic area of any advertisement for said mark, including those concerning the approach to, geographic area of and media for the advertisement and promotion and the scale of the advertisement;
(iv) the relevant proofs as to the record of protection of said mark as a well-known mark, including those certifying that said mark was protected as a well-known mark in China or any other country and region; and
(v) other proofs as to the well-knownness of said mark, including the relevant proofs of the output, volume of sales, sales income, profit and tax and regions of sales of the principal goods using said mark over the last three years.

Article 4. If an interested party believes that another person's primarily examined and published mark is contrary to the provision of Article 13 of the Trademark Law, he or it may file an opposition with the Trademark Office according to the provisions of the Trademark Law and the Implementing Regulations, and submit relevant documents certifying that his or its mark is well known.
If an interested party believes that another person's registered mark is contrary to the provision of Article 13 of the Trademark Law, he or it may request, according to the provisions of the Trademark Law and the Implementing Regulations, the Trademark Review and Adjudication Board to make an adjudication to cancel said registered mark and submit relevant documents certifying that his or its mark is well known.

Article 5. In the trademark administration, an interested party who believes that another person's use of a mark falls within the circumstances provided for in Article 13 of the Trademark Law and requests for protection of his or its well-known mark may file an request in writing for prohibition of the use with the administrative department for industry and commerce above the city (prefecture) level of the place where the case arises, and submit relevant documents certifying that his or its mark is well known. Meanwhile, the case shall be reported in writing to the provincial administrative department for industry and commerce of the place where he or it has his or its domicile.

Article 6. After receiving an application for protection of a well-known mark, the administrative department for industry and commerce shall, in the trademark administration, examine the case as to whether it falls within the following circumstances as provided for in Article 13 of the Trademark Law:
(i) where another person's unauthorised use of a mark identical with or similar to an interested party's well-known mark not registered in China on an identical or similar goods is apt to create confusion; and
(ii) where another person's unauthorised use of a mark identical with or similar to an interested party's well-known mark registered in China on non-identical or dissimilar goods is apt to mislead the public and likely to prejudice the interests of the registrant of the well-known mark.
In respect of cases held to have fallen within said circumstances, the administrative department for industry and commerce of the city (prefecture or autonomous prefecture) shall, within fifteen workdays from the date of acceptance of the request of the interested party, report and send all the documents of the case to the administrative department for industry and commerce of the province (autonomous regions or municipality directly under the Central Government) of the place where it is located, and issue the notification of acceptance of the case to the interested party; the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) shall, within fifteen workdays from the date of acceptance of the request of the interested party, report and send all the documents of the case to the Trademark Office. If the administrative department for industry and commerce of the province of the place where the interested party has his or its domicile holds that the case falls within the aforementioned circumstances, he or it may also report in writing the case to the Trademark Office.
Cases held not to fall within said circumstances shall be dealt within a timely manner according to the relevant provisions of the Trademark Law and the Implementing Regulations.

Article 7. The administrative department for industry and commerce of a province (autonomous region or municipality directly under the Central Government) shall examine the documents of a case concerning the protection of a well-known mark reported and sent by the administrative departments for industry and commerce in the area under its jurisdiction.
Cases held to fall within the circumstance of Article 6 (i) of these Provisions shall be reported and sent to the Trademark Office within fifteen workdays from the date of receipt of the documents of the case reported and sent by the administrative department for industry and commerce in the area under its jurisdiction.
Cases held not to fall into the circumstance of Article 6 (1) of these Provisions shall be returned to the department initially accepting the case and be dealt with in a timely manner thereby according to the relevant provisions of the Trademark Law and the Implementing Regulations.

Article 8. The Trademark Office shall make establishment within six months from the date of the receipt of the relevant documents of a case, notify of the result of the establishment the administrative department for industry and commerce of the province (autonomous region or municipality directly the Central Government) of the place where the case arises and send duplication thereof to the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) of the place where the interested party has his or its domicile.
The Trademark Office shall return the documents of the case, except those certifying the well-knownness of a mark, to the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) of the place where the case arises.

Article 9. Where a mark is not established as well known, the interested party shall not file a new application for the establishment of the same mark on the basis of the same fact and on the same ground within one year from the date on which the establishment is made.

Article 10. When establishing a well-known mark, the Trademark Office or the Trademark Review and Adjudication Board shall take a comprehensive account of each and every factor as provided for in Article 14 of the Trademark Law, but shall not take it as the prerequisite that said mark satisfies all the factors prescribed therein.

Article 11. The Trademark Office, the Trademark Review and Adjudication Board and the local administrative departments for industry and commerce shall take into account of the distinctiveness and the extent of well-knownness of said mark in the protection of well-known marks.

Article 12. When requesting for the protection of his or its mark according to Article 13 of the Trademark Law, an interested party may furnish the record concerning the protection of said mark as a well-known mark by the relevant competent department in China.
Where the scope of protection of an accepted case is substantially the same as that of a case of a mark being protected as a well-known mark and where the opposite party raises no opposition to the well-knownness of said mark or where, although he raises the opposition thereto, the opposite party cannot furnish any document certifying that said mark is not well known, the administrative department for industry and commerce accepting the case may adjudicate or deal with the case in the light of the conclusion of the record of protection.
Where an accepted case is different from the case involving a mark protected as a well-known mark in the scope of protection, or where the opposite party raises opposition to the well-knownness of said mark and furnishes documents certifying that said mark is no well known, it shall be up to the Trademark Office or the Trademark Review and Adjudication Board to re-examine the documents of the well-known mark and make an establishment.

Article 13. An interested party who believes that another person has registered his or its well-known mark as an enterprise name, which is likely to deceive or mislead the public may apply to the competent authority for the registration of enterprise names for cancellation of the registration of said enterprise name. The competent authority for the registration of enterprise names shall deal with the matter in accordance with the Provisions for the Administration of the Registration of Enterprise Names.

Article 14. The administrative departments for industry and commerce at various levels shall enhance the protection of well-known marks, and transfer, in a timely manner, cases of suspected crime of counterfeiting trademarks to the competent department concerned.

Article 15. The administrative department for industry and commerce of the Province (autonomous region or municipality directly under the Central Government) of the place where the authority handling the case is located shall send to the Trademark Office a copy of the decision on the protection of a well-known mark.

Article 16. The administrative departments for industry and commerce at various levels shall put in place corresponding supervisory mechanism and formulate corresponding supervisory control measures to enhance the supervision and inspection of the whole process for the establishment of well-known marks.
Where any official participating in the work of establishment of well-known marks abuses his power, engages in malpractice for his gain, accepts money or material wealth from any interested party or seeks illicit interests and handles the work of establishment of well-known marks in violation of law, he or she shall be imposed disciplinary sanction according to law; where what he or she has done constitutes a crime, he or she shall be prosecuted for criminal liability.

Article 17. These Provisions shall enter into effect on 1 June 2003. The Interim Provisions for the Establishment and Administration of Well-known Trademarks issued by the State Administration for Industry and Commerce on 14 August 1996 shall be abrogated on the same date.

5.Policy for the Implementation of International Registration of Marks under Madrid Agreement
(Issued by the State Administration for Industry and Commerce on 17 April 2003)

Article 1. This policy is hereby formulated in accordance with the provision of Article 12 of the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations)
The international registration of marks provided for in Article 12 of the Implementing Regulations refers to international registration of marks under the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the Madrid Agreement), the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the Madrid Protocol) and the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (hereinafter referred to as the Common Regulations).

Article 2. This Policy shall apply to applications for international registration of marks with China being the country of origin, applications designating territorial extension to China and other relevant applications.
Attendance to registration of trademarks in a foreign country through a route rather than the Madrid System shall fall outside the scope of regulation by this Policy. The applicant may appoint a trademark agency, or entrust a foreign representative or a law firm or its branch in a foreign country to attend to the matter.

Article 3. Any party applying for international registration of a mark with China being the country of origin shall have a real and effective place of industrial or commercial operation in China, or have residence in China, or be a Chinese national.

Article 4. An applicant for international registration of a mark having the qualification as provided for in Article 3 of this Policy whose trademark has been registered with the Trademark Office of the Administrative Department for Industry and Commerce under the State Council (hereinafter referred to as the Trademark Office) may apply for international registration of said mark under the Madrid Agreement.
An applicant for international registration of a mark having the qualification as provided for in Article 3 of this Policy whose trademark has been registered with the Trademark Office or who has filed an application for the registration of said mark may apply for international registration of said mark under the Madrid Agreement.

Article 5. Any party applying for international registration of a mark shall attend the matter through the Trademark Office.
An applicant or the trademark agency appointed thereby may directly file an application at, or post the application to, the Trademark Office.

Article 6. Any party filing application in respect of matters, such as subsequent designation, abandonment and cancellation of the international registration of a mark under the Madrid Agreement shall attend the matter through the Trademark Office. Any party filing application in respect of such matters as assignment, deletion, change of the name and/or address of the applicant, change of the name and/or address of an agency or renewal of international registration of the mark under the Madrid Agreement may attend the matter through the Trademark Office or directly at the International Bureau of the World Intellectual Property Office (hereinafter referred to as the International Bureau).
Any party filing application in respect of subsequent designation, assignment, abandonment and cancellation of the international registration of a mark under the Madrid Protocol, change of the name and/or address of the applicant, change of the name and/or address of the agency or renewal of the international registration of the mark under the Madrid Agreement may attend the matter through the Trademark Office or directly at the International Bureau of the International Bureau.
Attending the matter through the Trademark Office, the applicant or the trademark agency appointed thereby may directly file an application at, or post the application to, the Trademark Office.
Attending the matter through the International Bureau, the applicant or the trademark agency appointed thereby may file the application with, or post the application to, the International Bureau.

Article 7. Anyone applying for international registration of a mark or attend other relevant matters through the Trademark Office may fill out in English or French the forms prepared by the International Bureau, or fill out the Chinese forms prepared by the Trademark Office, but it or he shall pay the Trademark Office the translation fee.
In addition to the fees provided for in the Common Regulations, anyone applying for international registration of a mark or attend other relevant matters shall pay the Trademark Office the procedural fee.

Article 8. If the applicant for international registration of a mark is a natural person, he shall indicate his Chinese name. If the applicant is a corporate person or any other organisation, it shall indicate its Chinese name in full.
It the natural person, corporate person or any other organisation has his or its a name of equivalent translation in a foreign language, he or it shall indicate the name in the foreign language. If he or it does not have a name in a foreign language, he or it shall indicate his or its name in the Chinese phonetic alphabet.

Article 9. An applicant shall indicate his or its name in full in the application for international registration of a mark (including the address and postal code), telephone number and facsimile number.

Article 10. An application for international registration of a mark may designate a class of goods or service, or two or more classes of goods or service.

Article 11. Applying for international registration of a mark, the applicant shall furnish:
(i) a copy of the Certificate of Trademark Registration in China or a copy of the Notification on the Acceptance of Application for Trademark Registration issued by the Trademark Office;
(ii) a Certificate of Priority if priority is claimed;
(iii) a Certificate of Qualification of the Applicant, such as a copy of Business License, a copy of Certification of Residence, and a copy the Identification Card;
(iv) a Power of Attorney if an agency is appointed; and
(v) two copies of the reproduction of the mark, with the size not more than 80mm×80mm or not less than 20mm×20mm.

Article 12. The date on which the Trademark Office receives an application for international registration of a mark shall be the filing date.
Any application for international registration of a mark which has not been filled as prescribed shall be turned back and the filing date thereof not retained.
Where an application has met the substantial formal requirements, but amendments are required, the Trademark Office shall notify the applicant or the agency thereof to make the amendments within fifteen days from the date of receipt of the notification. The date on which the Trademark Office posts an interested party the Notification of Amendment shall be the date indicated by the postmark on which the interested party receives the Notification of Amendment. Where the date of posting indicated by the postmark is illegible or where there is no postmark, or it is not returned by the Post Office, the document shall be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document. Failure to make amendments shall be deemed abandonment of the application, and the Trademark Office shall notify the applicant in writing.
Where fees are required of the application for international registration of a mark or any other application attended to through the Trademark Office, payment of the relevant fees shall be made to the Trademark Office within fifteen days from the date of receipt of the notification from the Trademark Office on the payment of the fees. The date on which the Trademark Office posts an interested party the notification of on the payment of the fees shall be the date indicated by the postmark on which the interested party receives the notification. Where the date of posting indicated by the postmark is illegible or where there is no postmark, or it is not returned by the Post Office, the document shall be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document. Failure to make the payment shall be deemed abandonment of the application, and the Trademark Office shall notify the applicant in writing.

Article 13. Where the Trademark Office notifies the International Bureau to reject an application requesting for territorial extension to China, the Trademark Office will no longer conform to International Bureau said rejection.

Article 14. Within three months from the first date of the month following the publication by the World Intellectual Property Organisation of the International Mark Gazette, any person may raise opposition with the Trademark Office to an application requesting for territorial extension to China published in said Gazette.
An application for opposition may relate to a class of goods or service, or two or more classes of goods or service..
If an opponent withdraws his or its application for opposition, the Trademark Office shall terminate the opposition proceeding and notify the interested party in writing.

Article 15. An applicant requesting for territorial extension of a collective mark or certification mark to China shall submit, through a trademark agency and according to the relevant provisions, to the Trademark Office the certificate of the qualification of the subject, the rules for the administration of the use of the mark and any other certification document within three months from the date of entry in the International Register of the International Bureau of the World Intellectual Property Organisation.
If the certificate of the qualification of the subject and the rules for the administration of the use of the mark and any other certification document are not submitted within said three months, the Trademark Office shall reject the application requesting for territorial extension.

Article 16. Where an assignor fails to apply, according to law, for simultaneous assignment, the Trademark Office shall notify the applicant for international registration of a mark to rectify the situation within thirty days from the date of receipt of the notification; if the situation is not rectified at the expiration of the time limit, the Trademark Office shall decide that said assignment is not valid in China, and declare to the International Bureau to this effect. Any interested party who is not satisfied with the declaration by the Trademark Office may institute proceedings in the people's court within thirty days from the date of receipt of the declaration by the Trademark Office. Where the proceedings are not instituted at the expiration of the time limit, the decision of the Trademark Office shall come into effect, and the date for the decision to come into effect is the date on which the decision is made.
If any deletion and/or reduction do not comply with the requirement on the classification of goods or services, the Trademark Office shall decide that the deletion and/or reduction shall not valid in China, and declare to the International Bureau to this effect. Any interested party who is not satisfied with the declaration by the Trademark Office may institute proceedings in the people's court within thirty days from the date of receipt of the declaration by the Trademark Office. Where the proceedings are not instituted at the expiration of the time limit, the decision of the Trademark Office shall come into effect, and the date for the decision to come into effect is the date on which the decision is made.

Article 17. If anyone licenses another person to use his or its trademark of international registration in the territory of China, he or it shall attend the matter in accordance with the Trademark Law and the Implementing Regulations thereof.

Article 18. Where an applicant requesting for territorial extension to China substitute his or its trademark of international registration for a trademark registered in China, said international registration shall not affect the right of the trademark registration obtained in China.
Anyone who request for substitution of the international registration entered in the Trademark Registration Register of the Trademark Office for an earlier national registration shall do so through a trademark agency and pay the fees as required.

Article 19. Where a trademark of international registration under protection in China has the circumstances provided for in Article 41 of the Trademark Law, the owner of the trademark or an interested party or any other person may, depending on the circumstances, apply to the Trademark Review and Adjudication Board for adjudication of the dispute or for adjudication on the cancellation of said trademark under protection in China. The application for adjudication shall be filed after the expiration of the time limit for rejection of the trademark in China.

Article 20. Any party who requests for protection of international registration of a mark in China may, from the date of expiration of the time limit for rejection of the mark, appoint a trademark agency to apply to the Trademark Office for issuance of a certificate that his or its mark is under protection in China.

Article 21. This Policy shall enters into effect on 1 June 2003, and the Policy for the Implementation of International Registration of Marks under Madrid Agreement issued by the State Administration for Industry and Commerce on 24 March 1996 shall be simultaneously abrogated.

6.Provisions for the Protection of Products of Geographic Indication
(Promulgated by the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China on 16 May 2005)

Chapter I
General Provisions

Article 1. With a view to effectively protecting the products of geographic indication, regulating the use of the names and exclusive indications of the products of geographic indication, and ensuring the quality and special characteristics of the products, these Provisions are hereby formulated pursuant to the relevant provisions of the Law of the People’s Republic of China on Product Quality, the Standardization Law of the People’s Republic of China, and the Law of the People’s Republic of China on Inspection of Import and Export Commodities

Article 2. The products of geographic indication mentioned in these Provisions shall refer to products that originate from a particular geographical region with the quality, reputation or other characteristics substantially attributable to the natural and human factors of the region, and denominated with the name of the region upon examination and approval. The products of geographic indication include:
(1) those grown or cultivated in the region; and
(2) those made, wholly or partially, of the raw materials from the region and produced or processed with the particular techniques in the region;

Article 3. These Provisions shall apply to the acceptance, examination, and approval of the applications in respect of the products of geographic indication, and to the registration, supervision and administration of the exclusive indications of geographic indications.

Article 4. The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) shall exercise the nationwide, uniform administration of the work relating to the protection of the products of geographic indication. The entry and exit inspection and quarantine bureaus and the quality and technical supervision bureaus of the various localities (hereinafter referred to as the local quality inspection departments) shall engage ex officio in the protection of the products of geographic indication.

Article 5. Applications for the protection of the products of geographic indication shall be examined and approved pursuant to these Provisions. The exclusive indication of products of a geographic indication shall be registered for use pursuant to these Provisions and the use shall be subject to supervision and administration.

Article 6. The principle shall be observed of voluntary application for the protection of products of geographic indications, and that of publicity followed in acceptance and approval of the applications.

Article 7. The products in respect of which an application is filed for protection of a geographic indication shall meet the requirements of safety, hygiene and environmental protection. Where a product jeopardises the environment, ecology, or resources, application for the protection thereof shall be refused.

Chapter II
Application and Acceptance

Article 8. An application for the protection of products of a geographic indication shall be filed by an organisation designated for the application for the protection of the products of the geographic indication by the people’s government at or above the county level or by an association or enterprise appointed by the people’s government (hereinafter referred to as the applicant) upon consultation with the departments concerned.

Article 9. Where a product in respect of which an application for protection is filed are within the limits of a county, the people’s government at the county level proposes the limits of the place of origin of the products. Where a product is across counties within the limits of a prefecture/city, the people’s government at the prefecture/city level proposes the limits of the place of origin. Where a product is across prefectures/cities, the people’s government at the provincial level proposes the limits of the place of origin.

Article 10. The applicant shall submit the following:
(1) local government’s proposal for the defined the limits of the place of origin of the product of a geographic indication;
(2) local government’s document establishing the application organisation or designating an association or enterprise as an applicant;
(3) documentary material proving the product of geographic indication, including:
a. an application for the protection of the product of geographic indication;
b. description of the name, class, limits of the place of origin and geographic characteristics of the product;
c. description of the physical, chemical or sensory characteristics of the product and their relationship with the natural and human factors of the place of origin;
d. technical specifications for the production of the product (including the product processing techniques, safety and hygiene requirements, technical requirements of the processing equipment); and
e. description of the popularity, production, sales and history of the product;
(4) the technical standards of the product of geographic indication in respect of which an application for protection is to be filed.

Article 11. An export enterprise’s application for the protection of products of a geographic indication shall be filed with the local entry and exit inspection and quarantine department of the administrative area in which the enterprise is domiciled; applications for the protection of products of geographic indications according to a local area, and applications for the protection of other products of geographic indications shall be filed with the local quality and technical supervision departments (at or above the county level).

Article 12. The provincial quality and technical supervision bureaus and the entry and exit inspection and quarantine bureaus directly under the leadership of the AQSIQ shall, according to their division of responsibility, offer opinions on preliminary examination of the applications to be filed for the protection of the products of geographic indication, and submit the relevant documents and materials to the AQSIQ.

Chapter III
Examination and Approval

Article 13. The AQSIQ shall conduct the formality examination of the applications received. Where an application meets the formality requirements, the AQSIQ shall publish a notice of acceptance in the AQSIQ Gazette and/or on the government website. Where an application fails to meet the formality requirements, the AQSIQ shall notify the applicant in writing.

Article 14. An entity or individual concerned may, within two months from the date of publication, raise opposition to an application with the AQSIQ.

Article 15. The AQSIQ shall appointed an expert examination panel according to the various characteristics of the products of a geographic indication to be responsible for the technical examination of the application for the protection of the products of geographic indication.

Article 16. The expert examination panel appointed by the AQSIQ shall technically examine the applications to which no opposition is raised or those to which opposition is raised, but rejected. If the application meets the requirements, the AQSIQ shall publish a notice of approval of protection of the products of geographic indication.

Chapter IV
Standards Formulation and Use of Exclusive Indications

Article 17. Separate and corresponding national and/or regional standards or administrative regulations shall be formulated for the protection of the products of geographic indications according to the class, geographic area, popularity, production and sales of the products.

Article 18. The State competent standardization administrative authorities are responsible for the drafting and issuing of the national standards for the products of geographic indication under protection; the local standardization administrative authorities under the people’s governments at the provincial level are responsible for the drafting and issuing of the regional standards for the products of geographic indication under protection.

Article 19. Quality inspection of the protected products of geographic indication shall be conducted by the inspection organisation designated by the provincial quality and technical supervision department or the entry and exit inspection and quarantine department directly under the leadership of the AQSIQ. Where necessary, the AQSIQ may conduct re-inspection.

Article 20. A manufacturer using the exclusive indication of the product of geographic indication within the limits of its place of origin shall file an application with the local quality and technical supervision bureau or entry and exit inspection and quarantine bureau, and submit the following documents:
(1) an application for use of the exclusive indication of the products of geographic indication;
(2) a certificate issued by the competent authorities of the local government proving that the products concerned originates from the particular area; and
(3) an inspection report issued by the relevant product quality inspection department;
Where the above application is examined by the provincial quality and technical supervision bureau or an entry and exit inspection and quarantine bureau directly under the leadership of the AQSIQ, reviewed by the AQSIQ, and approved for registration, recorded accordingly, and published in the gazette, a manufacturer may use the exclusive indication of the geographic indication on its products and obtain protection for the products of geographic indication.

Chapter V
Protection and Supervision

Article 21. The quality inspection departments of the various localities shall accord protection of the products of geographic indication according to law. The quality and technical supervision department and entry and exit inspection and quarantine department shall investigate and handle, in accordance with law, acts of unauthorised use or forging of geographic indications and exclusive indications, use of names of products of geographic indication in violation of the standards of the products of geographic indications and the requirements of the administrative regulations, and use of names or indications that are similar to the exclusive indications and likely to cause misidentification, and use of words or logos that are likely to lead consumers to mistake products for those of geographic indication under protection. All social organizations, enterprises and individuals may keep a watch, and report, on such acts.

Article 22. The quality inspection departments of the various localities shall carry out the regular supervision and administration of the limits of the place of origin, name, raw materials, production techniques, quality characteristics, classification of quality, quantity, package and labels of the products of geographic indication, and the regular supervision and administration of the printing, distribution, quantity and use of the exclusive indications of the products, manufacturing environment, production equipment, and conformity of the standards of the product.

Article 23. Where a manufacturer permitted to use the exclusive indication of the products of a geographic indication fails to observe the relevant standards and administrative regulations in production, or fails to use the exclusive indication on its protected products of geographic indication for two consecutive years, the AQSIQ shall remove the registration of its use of the exclusive indication of the products of geographic indication, stop its use of the geographic indication, and make publication to this effect.

Article 24. Administrative penalty shall be imposed on any act of violation of these Provisions by the quality and technical supervision departments and the entry and exit inspection quarantine departments pursuant to the Law of the People’s Republic of China on Product Quality, the Standardization Law of the People’s Republic of China, and the Law of the People’s Republic of China on the Inspection of Import and Export Commodities.

Article 25. Functionaries engaged in the protection of the products of geographic indication shall be committed to their duties and act with impartiality. They shall not abuse their power for personal gains, or divulge any confidential technological information. Any person who violates the above provisions shall be subject to administrative disciplinary measures; where the circumstances are so serious as to constitute a crime, he shall be prosecuted, according to law, for criminal liability.

Chapter VI
Supplementary Provisions

Article 26. The AQSIQ shall accept the applications for registration of foreign geographic indications in the People’s Republic of China, and accord the protection thereto. Specific provisions to this effect shall be separately formulated.

Article 27. The AQSIQ shall be responsible for the interpretation of these Provisions.

Article 28. These Provisions shall enter into force on 15 July 2005. The former Regulations for the Protection of Products from Place of Origin issued by the Quality and Technology Supervision Administration shall be simultaneously abrogated. Where discrepancies should arise in connection with geographic indications between the former Provisions on Administration of the Name of Origin and the Implementing Measures thereof issued by the State Administration of Entry and Exit Inspection and Quarantine and these Regulations, these Regulations shall prevail.

7.Policy for the Registration and Administration of Collective Marks and Certification Marks
(Issued by the State Administration for Industry and Commerce on 17 April 2003)

Article 1. This Policy is hereby formulated in accordance with the provision of Article 3 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Article 2. The registration and administration of the collective marks and certification marks shall proceed in accordance with the relevant provisions of the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations) and this Policy.

Article 3. The provisions of this Policy relating to goods shall apply to services.

Article 4. Any party applying for the registration of a collective mark shall furnish documents certifying the qualification of the subject and indicate in detail the names and addresses of the members of the collective; any party applying for the registration of a geographic indication as a collective mark shall furnish documents certifying the qualification of the subject and present the detailed information of the professionals and special testing equipment in his possession or in the possession of the organisation appointed thereby to show his capability of supervising the particular quality of the goods in relation to which said geographic indication is used.
A body, association or any other organization applying for the registration of a geographic indication as a collective mark shall be composed of members from within the area of region indicated by said geographic indication.

Article 5. Any party applying for the registration of a certification mark shall furnish documents certifying the qualification of the subject and present the detailed information of professionals and special testing equipment in his possession or in the possession of the organisation appointed thereby to show his capability of supervising the particular quality of the goods in relation to which said geographic indication is used.

Article 6. Any party applying for the registration of a geographic indication as a collective mark or a certification mark shall also furnish the certifying document issued by the people's government or the competent department of the industry having the jurisdiction over the region.
If a foreign person or enterprise applies for the registration of a geographic indication as a collective mark or a certification mark, the applicant shall furnish certificate stating that said geographic indication, in his or its name, is under the legal protection in the country of orgin.

Article 7. Any party applying for the registration of a geographic indication as a collective mark or a certification mark shall present the following information in the application document:
(i) the particular quality, good will or any other feature of the goods indicated by said geographic indication;
(ii) the correlation of the particular quality, good will or any other feature of said goods with the natural factors and cultural factors associated with the region indicated by said geographic indication; and
(iii) the geographic area of the region indicated by said geographic indication.

Article 8. A geographic indication in respect of which an application is filed for registration as a collective mark or a certification mark may be the name of the region indicated by said geographic indication, or nay other visible indication capable of indicating that a goods originated from said region.
The region mentioned in the preceding paragraph is not required to be fully consistent with the name and area of the current administrative division.

Article 9. Where several geographic indications for wines constitute a homonym and these geographic indications can be distinguished from each other and do not mislead the public, application may be filed for the registration of each geographic indication as a collective mark or certification mark.

Article 10. The rules for the administration of the use of a collective mark shall include:
(1) the purpose of using the collective mark;
(2) the quality of the goods using said collective mark;
(3) the procedure for using said collective mark;
(4) the rights and obligations entailed in the use of said collective mark;
(5) the liability the members shall bear for breaching the rules; and
(6) the system of an applicant for the inspection and supervision of the goods in relation to which said collective mark is used.

Article 11. The rules for the administration of the use of a certification mark shall include:
(1) the purpose of using the certification mark;
(2) the particular quality of the goods certified by said mark;
(3) the conditions for using said certification mark;
(4) the procedure for using said certification mark;
(5) the rights and obligation entailed in the use of said certification mark;
(6) the liability a user shall ear for breaching the rules; and
(7) the system of an applicant for the inspection and supervision of the goods in relation to which said collective mark is used.

Article12. Article 16 of the Trademark Law shall apply where an geographic indication for a wine, liqueur or spirit another person has registered as a collective mark or certification mark is used as a representation for a wine, liqueur or spirit that does not originate from the region as indicated by said geographic indication even if the place of origin of the goods is simultaneously indicated or a translation thereof is used or it is accompanied with an expression of so and so "category", so and so "type", so and so "form" or so and so "class".

Article 13. The contents of the publication of a collective mark or certification mark after the preliminary examination shall include the full text or abstract of the rules for the administration of the use of said mark.
Any amendment made by an applicant of a collective mark or certification mark to the rules for the administration of the use of said mark shall be submitted to the Trademark Office for examination and approval, and the amended rules for the administration of the use of said mark shall come into effect as of the date of publication.

Article 14. If a change occurs in the members of the registrant of a collective mark, the applicant shall apply to the Trademark Office for a change in matters of the registration, and the Trademark Office shall publish the change.

Article 15. If a registrant of a certification mark allows another person to use his or its mark, the registrant shall report to the Trademark Office for filing, and the Trademark Office shall publish the matter.

Article 16. In application for the assignment of a collective mark or certification mark, the assignee shall possess the relevant qualification as a subject and comply with the provisions of the Trademark Law, the Implementing Regulations and this Policy.
In a transfer of a collective mark or certification mark, the transferee of the right shall possess the relevant qualification as a subject and comply with the provisions of the Trademark Law, the Implementing Regulations and this Policy.

Article 17. The collective members of the registrant of a collective mark may use said collective mark after going through the procedure under the rules for the administration of the use of said mark.
A collective mark shall not be licensed to non-collective member.

Article 18. Any party fulfilling the conditions stipulated in the rules for the administration of the use of a certification mark may use the mark after going through the procedure prescribed therein, and the registrant shall not refuse the party to go through the procedure.
Fair use of a geographic indication under Article 6, paragraph two of the Implementing Regulations shall refer to the fair use of the geographic name of said geographic indication.

Article 19. To authorise the use of a collective mark, the applicant shall issue the user a Collective Mark Use Permit; to authorise the use of a certification mark, the applicant shall issue the user a Certification Mark Use Permit.

Article 20. The registrant of a certification mark may not use the certification mark on goods provided thereby.

Article 21. Where the registrant of a collective mark or certification mark fails to exercise effective administration of, or control on the use of said mark so that the goods in relation to which said mark is used fail to meet the requirements of the rules for the administration of the use of the mark, causing injury to consumers, the Administrative Department for Industry and Commerce shall order him or it to rectify the situation within a time limit. If the applicant refuses to rectify the situation, he or it shall be imposed a fine of an amount three times the illicit benefit, but not exceeding RMB 30,000 yuan; in the absence of any illicit benefit, a fine of RMB 10,000 yuan shall be imposed.

Article 22. Where a party contravenes the provisions of Article 6 of the Implementing Regulations and Articles 14, 15, 17, 18 and 20 of this Policy, the Administrative Department for Industry and Commerce shall order him or it to rectify the situation within a time limit; If the party refuses to rectify the situation, he or it shall be imposed a fine of an amount three times the illicit benefit, but not exceeding RMB 30,000 yuan; in the absence of any illicit benefit, a fine of RMB 10,000 yuan shall be imposed.

Article 23. This Policy shall come into effect on 1 June 2003. The Policy for the Registration and Administration of Collective Marks and Certification Marks issued by State administration for Industry and Commerce on 30 December 1994 shall be simultaneously abrogated.

8.Opinions on Several Issues Concerning Service Trademark Protection
(30 March 1999)

These opinions on the several issues concerning service trademark protection are expressly set forth below with a view to effectively implementing the Trademark Law and ensuring the protection of exclusive service trademark right:

1. A service trademark is a symbol that a service provider uses to distinguish its service from that provided by another operator.
A service trademark is composed of word, device or their combination.

2. The related provisions of the Trademark Law and its Implementing Regulations governing acts infringing trademarks of goods also apply to service trademarks; the principles judging the similarity of goods and trademarks of goods also apply to services and service trademarks.

3. Similar services refer to those that have related purpose, manner and object of service or those that are specially associated.
Similar service trademarks refer to those that are apt to create confusion on the part of consumers in respect of the origin of services owing to their pronunciation, form and meaning of words, the composition and colour of devices or the general composition of words and devices compared with those of registered trademarks.

4. Where acts of service and goods used to provide the service are specifically related, the service is deemed similar to the goods used to provide the service.

5. The following acts are ones of infringement upon service trademarks
(1) Using, without authorization, service trademarks identical with or similar to others' service trademarks for identical or similar services;
(2) Using, without authorization, words identical with or similar to others' service trademarks as names of service for identical or similar services in such a manner as to create confusions;
(3) Counterfeiting, making, without authorization, signs of service trademarks or selling signs of others' service trademarks that are counterfeited or made without authorization:
The acts mainly refer to counterfeiting, making, without authorization, goods (e.g. tableware in restaurant and beverage industry) bearing signs of others' service trademarks used within the service industry or selling such goods that are counterfeited or made without authorization;
(4) Using advertisement, mass media or other means that guides consumption, or using, without authorization, service trademarks identical with or similar to others' service trademarks so as to create confusions;
(5) Deliberately making available convenient conditions to infringers by providing them with places, tools, auxiliary equipment and service staff to execute infringing acts and introducing clients (consumers); or doing so for infringers to warehouse, transport, post and hide goods bearing signs of service trademarks.

6. Acts impairing others' exclusive trademark rights that are not made clear in Article 38(1) to (3) of the Trademark Law and Rule 41 of the Implementing Regulations thereof are the trademark-infringing acts defined in Article 38(4) of the former.
The impairment of others' exclusive service trademark right includes possibility of impairment.

7. Using service trademarks in the following circumstances is deemed the use of service trademarks:
(1) Places of service;
(2) Signboards of service;
(3) Tools of service;
(4) Cards, postcards and presents, etc. bearing service trademarks for service use;
(5) Business transaction instruments, account books, invoices and contracts, etc. bearing service trademarks;
(6) Advertisements and other promotional materials; and
(7) Other articles used to provide service.
Others' normal use of symbols commonly used in the service industry and normal use of business names (shop names), names geographic names, names of place of service to indicate special features of a service and to explicate items of service do not constitute acts of infringement upon service trademarks, except that intention of unfair competition is obviously identifiable.

8. Acts of infringement upon others' service trademarks that are well-known to a degree and acts of infringement two or more times upon others' exclusive service trademarks right shall be deemed acts subject to serious punishment.

9. Illegal business turnover from infringement of service trademarks is one made by infringing acts in the period of infringement. In normal situations, the amount of money made by acts of using, without authorization, trademarks identical with or similar to others' service trademarks in service is illegal business turnover.
Where there exits only an act of advertisement, without execution of service, the illegal business turnover shall be computed on the basis of the advertisement fee; where there are only bills relating to acts of provision of service, without corresponding evidence to the execution of the service, illegal business turnover shall be computed on the basis of the amount of the bills.

10. The evidence on the basis of which illegal business turnover is computed include:
(1) Contracts;
(2) Account books;
(3) Invoices;
(4) Advertisements; and
(5) Other evidence.
The State Administration for Industry and Commerce

9.Opinions on Several Issues Relating to the Administrative
Enforcement of Trademarks
(1999)

The Administrations for Industry and Commerce of the Provinces, Autonomous Regions, Municipalities Directly under the Central Government and Cities Directly under the State Planning:

With a view to strengthening the administrative enforcement of trademarks, intensifying trademark administration, improving the quality of adjudication of cases involving trademarks and better implementing the Trademark Law, and the pertinent laws, decrees and regulations, the opinions on the several issues relating to the administrative enforcement of trademarks are hereby set forth as follows:

1. Cases of illegal trademark acts subject to the investigation and handling by the trademark administrative department of the administrative authority for industry and commerce include cases of:
(1) Infringing and passing off trademarks;
(2) Illegally using trademarks;
(3) Illegally printing, selling or buying representations of trademarks
(4) Illegally licensing trademarks; and
(5) Other cases of contravention of the trademark laws, decrees and regulations.

2. The place of an infringement relating to a case of trademark infringement is the place involved when the infringing act takes place, including, among other things, places of production, transportation, sale and storage of infringing objects. Where more than two administrative authorities for industry and commerce have jurisdiction over a case of trademark infringement, the authority first receiving the case has the jurisdiction.

3. The following three acts of trademark infringement are acts of passing off registered trademarks under the Trademark Law and the Anti-Unfair Competition Law:
(1) To use a trademark that is identical with a registered trademark in respect of the same goods without the authorization of the proprietor of the registered trademark;
(2) To sell goods that he clearly knows bear a counterfeited registered trademark;
(3) To counterfeit, or to make, without authorization, representations of a registered trademark of another person or to sell such representations of a registered trademark as were counterfeited, or made without authorization; and

4. Three crimes of trademark are included in the Criminal Law of the People's Republic of China, which came into effect on 1 October 1997. According to the Provisions on the Determined Crimes in Implementation of the Criminal Law of the People's Republic of China issued by the Supreme People's Court, they are crimes of passing of a registered trademark, of selling goods under a counterfeited registered trademark and of illegally making and selling counterfeit representations of registered trademark.
Of all the crimes, the one of passing off a registered trademark is only one of the crimes in respect of trademark.
Where an act of trademark infringement investigated and handled by the administrative authority for industry and commerce is suspected of constituting a trademark crime, it should be referred to the authority for public security for filing and investigation. Before the authority for public security formulated the pertinent criteria for filing trademark crimes, the Provisions Relating to the Criteria for Filing Crimes of Passing off Registered Trademarks No. (Gaojianfayanzi) 12/1993 issued by the Supreme People's Prosecuratorate is implemented according to the circumstances.

5. Identical trademarks refer to two trademarks that are identical in word, device or the combination of the two or lack visual differences when compared with one another.
Similar trademarks refer to two trademarks that are similar in the shape, pronunciation, meaning of the word, or the pattern of the device and colour or the whole structure of the word and the device, and liable to cause consumers to confuse the origin of goods or services.

6. Determination of identicalness or similarity of trademarks:
(1) On the basis of trademark of verified registration, but not on one actually used by the trademark registrant; and
(2) Taking the ordinary attention of ordinary consumers as the subjective criteria, and making comprehensive judgement by combining global comparison with that of the obvious parts of the trademarks.

7. Similar goods refer to goods associated or specifically related in function, use, consumers, and channel of marketing, etc..
Similar services refer to services associated or specifically related in purpose, manner, and consumers, etc..
Goods and services that, using identical or similar trademarks, are liable to cause consumers to confuse the origins thereof should be determined as similar goods and services.

8. Determination of similarity of goods or services:
(1) On the basis of the objective cognizance by the ordinary consumers of the goods or services; and
(2) The International Classification of Goods and Services for the Purpose of Registration of Marks and the Distinction of Similar Goods and Services may serve as the norm of reference for determination of similar goods or services, but not the only bases.

9. The following acts of use of words, and devices identical with or similar to registered trademarks are not acts of trademark infringement:
(1) Use of one's own name or address in good faith; and
(2) Indication, in good faith, of special characteristics or properties of goods or services, specially indication of the quality, use, geographic origin, classfication, value and date of provision thereof.

10. Acts of trademark infringement defined in Rule 41 of the Implementing Regulations of the Trademark Law are acts as defined in Article 38(4) of the Trademark Law. Other acts impairing the exclusive right to use registered trademarks are also the acts of trademark infringement as defined in Article 38(4) of the Trademark Law.

11. In respect of acts of use of trademarks identical with or similar to trademarks relatively better known and more distinct on non-similar goods or services, acts of unfairly using or impairing the distinction or reputation of the trademark, Article 38(4) of the Trademark Law may apply to in handling individual cases. However, the Provisions on Supervision and Control of the Investigation and Handling by Administrative Authority for Industry and Commerce should be complied with.

12. Where a trademark registrant files an application for renewal and the application is examined and approved during the extension period of the registered trademark, the exclusive right to use the trademark continuously exists. Another person's use of a trademark identical with or similar to it during the period is an act of trademark infringement; where a trademark registrant does not file the renewal application, or the application is filed, but not approved, the exclusive right to use the trademark is not protected by law upon the expiration of the period of validity.
To request for protection of a trademark in the extension period, the complainant should furnish proof of renewal application, or the administrative authority for industry and commerce does not file it for handling; where it is filed, it should be suspended until everything is settled about the renewal.

13. Where the representations of a trademark printed on the request of an entruster infringe the exclusive right of another person to use the registered trademark, the entruster should also be liable for infringement.

14. Where a trademark licensee uses the licensor's registered trademark, such use is deemed the use by the registrant of the same registered trademark.

15. Where a processor makes and sells goods bearing the registered trademark of an entruster during the trademark-appointed processing, both parties should sign a trademark-licensing contract.

16. The trademark-licensing contracts should be submitted to the Trademark Office for recordal. Failing to do so, the interested party should bear corresponding administrative legal liability, but it does not affect the validity of the licensing contract. Where it is expressly agreed that the recordal is the condition for the contract to come into effect therein, the contract that is not submitted for recordal is not effective.

17. Assignment of a registered trademark does not affect the effect of a trademark-licensing contract coming into effect before the assignment, but except that it is agreed otherwise in the licensing contract.

18. The exclusive trademark license refers to the trademark license whereby the trademark registrant licenses the trademark for only one licensee to use in the scope of his exclusive right to use the trademark, and the licensor himself also abandons the exclusive right thereof. The licensee of an exclusive license may file complaint with the administrative authority for industry and commerce in his own name as the rightholder of the trademark in the term of validity of the licensing contract.

19. Where the trademark licensee contravenes the contractual agreement, and the act of exceeding the scope of licensed goods or service, the time limit of use and the quantities of goods is such as to constitute a trademark infringement, the administrative authority for industry and commerce may investigate and handle the matter on the request of the licensor.
Where the licensor and licensee are in dispute over the content of a trademark-licensing contract and it may affect the handling of the matter, the administrative authority for industry and commerce may suspend its handling of the case until the contractual dispute is resolved.

20. In respect of the illegal trademark act of selling what one clearly knows or should know the goods of a passing-off trademark or contravening the pertinent provision of Article 8 of the Trademark Law, the administrative authority for industry and commerce should stop it and require ratification in due course.

21. In investigating and handling a trademark infringement, the administrative authority for industry and commerce may order to seal up the infringement-related objects. The objects so sealed up may be kept by the infringing suspect himself, by the administrative authority for industry and commerce or by any other party entrusted. Where the objects are kept by the infringing suspect himself, a written pledge should be submitted.

22. Where the administrative authority for industry and commerce takes measures to first record, keep or seal up the proofs by request of complainant, it may request the latter to provide corresponding guaranty according to the pertinent laws and regulations as the practical circumstances so require.

23. According to the provisions of Rule 43 of the Interim Provisions for the Administration of Industry and Commerce, the administrative authority for industry and commerce in its investigation and gathering of evidence may impose a fine of not more than three times the illegal income, but not exceeding RMB 30,000 yuan on those who refuse to carry out the order to stop selling, to wait for inspection of, but not to transfer, conceal and destroy the related objects as required by the circumstances; where no illegal income is made, a fine of not more than RMB 10,000 yuan is imposed.

24.Where a case of trademark infringement is put on file, for investigation and handling, by the administrative authority for industry and commerce, with no administrative decision made yet thereto, and the complainant applies for withdrawal of his complaint, the administrative authority for industry and commerce does not decide on ordering the compensation, but may impose the administrative legal liability on the infringer according to the practical circumstances.

25. Where the administrative authority for industry and commerce imposes a fine on an act of trademark infringement, it should do so in accordance with the pertinent provisions of the Trademark Law and its Implementing Regulations. The fine imposed on an act of passing off a trademark should not be less than 30 % of the illegal business turnover or three times the profit made from the infringement; in respect of other trademark infringing acts that are of serious circumstances, the fine imposed should not be less than 20% of the illegal business turnover or two times the profit from the infringement.

26. For cases of trademark infringement actively investigated and handled by the administrative authority for industry and commerce according to its function and authority, the authority may decide to order compensation on the request of the trademark rightholder before the administrative decision is made.

27. According to the provision of Article 39 of the Trademark Law, when it requests the administrative authority for industry and commerce to impose compensation, the infringee may choose to calculate the amount of compensation on the basis of the profit made by the infringer from its infringement during the infringement or on the basis of the losses suffered by the infringee during the infringement.
The profit made by the infringer from the infringement during the infringement generally means the amount of sales turnover deducted by the costs and taxes. The sales turnover only relates to the infringer's actual income, namely the income made from the goods sold, excluding the goods in stock.
The losses incurred by the infringee during the infringement refer to the actual losses, including direct and indirect losses. The former is the reduced profit of infringee during the time of his being infringed or the product of multiplication of the infringer's sales turnover with the average profit the infringee would otherwise make from its sales of the normal goods, and the latter refers to the reasonable fees such as that the infringee pays to his attorney and for the investigation of infringing act committed by the infringer.