中华人民共和国商标法实施细则 RULES FOR IMPLEMENTATION OF THE TRADEMARK LAW OF THE PEOPLES REPUBLIC OF CHINA

国函（1993）102号
（Approved by the State Council on January 3， 1988， promulgated by the State Administration for Industry and Commerce on January 13， 1988 and amended with the approval of the State Council on July 15， 1993， promulgated by Decree No. 14 of the State Administration for Industry and Commerce on July 28， 1993）（Editor's Note： For the revised text， see Official Reply of the State Council Concerning Papers Furnished as Attachments to Applications for Trademark Registration promulgated on April 23， 1995）
颁布日期：19930715 　实施日期：19930715 　颁布单位：国务院、 国家工商行政管理局

　　Chapter I General Provisions

　　Article 1 The following Rules were formulated in accordance with the provisions of Article 42 of the Trademark Law of the People's Republic of China （hereinafter referred to as the Trademark Law）。

　　Article 2 Applicants for trademark registration must be enterprises， institutions， social organizations， self-employed industrialists or businessmen， individual partnerships established in accordance with the law， foreigners or foreign enterprises listed in Article 9 of the Trademark Law.

　　Provisions in the Rules concerning trademarks for goods shall also apply to service trademarks.

　　Article 3 When applying for initial registration， assignments， renewals， name or address changes， replacement of the certificate of trademark registration or other related matters， the applicant may either entrust the process to a trademark agency approved by the State Administration for Industry and Commerce， or shall otherwise personally handle the matter. When foreigners or foreign enterprises apply for trademark registration in China， or when dealing with related

　　When foreigners or foreign enterprises apply for trademark registration in China， or when dealing with related trademark matters， all applications or other related items shall be completed by an agency designated by the State Administration for Industry and Commerce.

　　Applications filed for international registration shall be submitted in accordance with the “Madrid Agreement Concerning the International Registration of Marks”。

　　Article 4 Fees shall be paid in accordance with relevant stipulations for applications， assignment， renewal， alterations， replacement of certificates and examination of trademark registration， and related matters.

　　Article 5 The Trademark Office of the State Administration for Industry and Commerce （hereinafter referred to as the Trademark Office） shall establish and maintain a Trademark Register which records registered trademarks and relevant registration matters.

　　The Trademark Office shall edit and issue the Trademark Gazette， which announces trademark registrations and related matters.

　　Article 6 In accordance with Article 3 of the Trademark Law， all collective and certification marks approved and registered with the Trademark Office shall be protected by law.

　　Procedures for the registration and administration of collective and certification marks shall be separately outlined by the State Administration for Industry and Commerce， in conjunction with related departments of the State Council.

　　Article 7 All pharmaceuticals for human consumption and tobacco products listed by the State and published by the State Administration for Industry and Commerce shall obtain a registered trademark.

　　Other goods required to obtain a registered trademark in accordance with stipulations of the State shall be published by the State Administration for Industry and Commerce.

　　Article 8 The State Administration for Industry and Commerce shall establish up a Trademark Review and Adjudication Board responsible for final decisions and adjudications on matters submitted for reexamination in accordance with provisions of the Trademark Law and the Rules.

　　Chapter II Applications for Trademark Registration

　　Article 9 Whe

n applying for registration of a trademark， applicants shall file the application with respect to each class of goods as outlined in the published Classification of Goods. Each trademark registration application submitted to the Trademark Office must be accompanied by an Application for Trademark Registration， 10 prototypes of the requested trademark （prototypes of colored trademarks must be submitted in the exact color）， and one black and white copy of the design blueprint.

　　Prototypes of the trademark must be clearly discernible adhesive images printed on durable paper with a smooth finish， or otherwise be a photograph. The length or width shall be between 5 to 10 centimeters.

　　Article 10 Application forms for trademark registration and related papers shall be completed in pen and ink， writing brush and ink， or typed. All information must be clearly written or typed.

　　The name， stamp or seal of the applicant applying for trademark registration shall be the same as that approved or registered. The subject item shall not go beyond the approved or registered scope of business. The designation of items shall be filed in accordance with the table for the classification of goods. A description must be attached for items not listed in the aforementioned table.

　　Article 11 Applications for trademark registration of pharmaceuticals for human consumption must bear an attached certificate issued by the administrative department for public health.

　　Applications for trademark registration of cigarettes， cigars or packed cut tobacco must bear attached papers indicating certified production approval by competent State authorities responsible for tobacco products.

　　Applications for trademark registration of other goods which require a registered trademark in accordance with the stipulations shall bear attached papers certifying the approval of relevant competent departments.

　　Article 12 The date of application for registration of a trademark shall be the date the Trademark Office receives the application form and related papers. In cases when the applicant has completed all required application procedures and has completed the application form and related papers in accordance with relevant stipulations， the Trademark Office shall assign the application a file number and issue a Notification of Acceptance. However， should the applicant fail to properly complete necessary procedures or in some way fail to complete the application form and related papers in accordance with relevant stipulations， the application form shall be returned to the applicant， and no date of application shall be reserved.

　　In cases when application procedures are basically complete or the application form and the related papers are basically in conformity with the relevant stipulations， but there is a need for the applicant to provide necessary supplementary information or make corrections thereto， the Trademark Office shall notify the applicant to submit said information or make said changes and will require the latter to resubmit the supplementary or corrected application to the Trademark Office within fifteen days of receipt of the notification. The filing date shall be reserved if requested supplementary information of or corrected application is resubmitted to the Trademark Office within the specified time limit. However， the failure to submit requested supplementary information or corrected application by the expiration of the specified period or thereafter， the application form shall be returned to the applicant， and no date of application shall be reserved.

　　Article 13 Should two or more applicants apply for registration of an identical or a similar trademark for the same or similar items on the same day， they shall within 30 days after receiving notification from the Trademark Office furnish requested proof of the dates on which they began using their respective trademarks. In cas

es when use of the trademark began on the same date， or in other cases when a trademark is not yet in use， applicants shall be required to settle the matter through consultations， and further to submit their written agreement to the Trademark Office within 30 days. If no agreement can be reached within said 30 day period， the applicants in question shall draw lots to determine trademark rights. The Trademark Office shall either preside over the process， or shall otherwise adjudicate the matter.

　　Article 14 Applicants for trademarks shall submit a Power of Attorney authorizing a trademark agency to file required applications for the registration of trademarks， or for all other matters arising concerning said trademark. The Power of Attorney shall indicate content and competent authorization. In addition， in cases when the applicant is a foreigner or foreign enterprise， the Power of Attorney shall clearly indicate the nationality of the party granting authorization.

　　Foreigners or foreign enterprises shall use the Chinese language when applying for trademark registration or when handling related trademark matters. Notarization and authentication procedures for Powers of Attorney and relevant certificates shall be completed in accordance with the principle of reciprocity. Chinese translations shall be attached to the completed application form and all related papers submitted in a foreign language.

　　Article 15 The Trademark Office maintains the option to review claims for priority in all applications for trademark registration. Specific procedures shall be followed as prescribed and promulgated by the State Administration for Industry and Commerce.

　　Chapter III Examination of Trademark Registration

　　Article 16 The Trademark Office shall， in accordance with the Trademark Law， examine

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