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

all applications accepted. Following the prescribed examination， distinctive trademarks which are in conformity with relevant provisions of the Trademark Law， shall receive preliminary approval from the Trademark Office and published in the Trademark Gazette. The Trademark Office shall send a Notification of Rejection to all applicant submitting rejected applications.

　　In cases where requests for modifications to applications for trademark are deemed incomplete， the Trademark Office shall send an Examination Advice form to the applicant and require the latter make necessary modifications within fifteen days of receipt of said notification. Should applicants fail to submit requested modifications by the expiration date of the specified period， or modifications are submitted at a date beyond the time limit， or modified applications still fail to conform with the relevant provisions of the Trademark Law， the Trademark Office shall reject the application and send a Notification of Rejection to the applicant.

　　Article 17 When applying for review of rejected trademarks， applicants shall， within fifteen days of receipt of the notification of rejection， submit an Application for Review of a Rejected Trademark to the Trademark Review and Adjudication Board. The review application must be accompanied by the original Application for Trademark Registration， ten prototypes of the original trademark， one black and white copy of the design and the Notification of Rejection.

　　The Trademark Review and Adjudication Board shall render a final decision and notify the applicant with a written reply. Thereafter， trademarks receiving preliminary approval shall be transferred to the Trademark Office for processing.

　　Article 18 Parties contesting a trademark （hereinafter referred to as Party B） which， after examination， has received preliminary approval and has been published in the Trademark Gazette， shall submit two copies of the Application for Trademark Opposition to the Trademark Office. The Application for Trademark Opposition shall indicate both the page number and the issue number of the

Trademark Gazette in which the contested trademark was published， as well as the number of the preliminary approval. The Trademark Office shall send one copy of the Application for Trademark Opposition to the contested party （hereinafter referred to as Party A）， requesting a rebuttal within thirty days of receipt of the notification. An adjudication will then be made on the basis of facts and relevant information submitted by the opposing parties. In the absence of a response from Party A by the expiration date of the specified period， the Trademark Office shall render an adjudication thereon and notify interested parties of the decision.

　　Announcements of registered trademarks published in the Trademark Gazette prior to final adjudication and entry of force of contested trademarks shall be null and void.

　　Article 19 Interested parties dissatisfied with the adjudication of the Trademark Office concerning contested trademarks may， within fifteen days of receipt of the notification of adjudication， apply for review by submitting two copies of Application for Review of a Contested Trademark to the Trademark Review and Adjudication Board.

　　The Trademark Review and Adjudication Board shall make a final adjudication， provide interested parties with written notification and transfer the case to the Trademark Office for relevant processing.

　　In cases when opposition to the issuance of a trademark is considered inappropriate， the Trademark Office shall， after the entry into force of the adjudication concerning a contested trademark， approve the registration of the trademark involved therein.

　　Chapter IV Modification， Assignment， Renewal and Adjudication of Disputes Involving Registered Trademarks

　　Article 20 When applying for modification of name， applicants shall submit an Application for Modification of the Name of Trademark Registrant and verification of the modification to the Trademark Office， and return the original Certificate of Trademark Registration thereto. Following examination and approval， the Trademark Office shall return the original Certificate of the Trademark Registration to which the approval has been affixed to the applicant， and shall publish said modifications.

　　When applying for modifications of address or other relevant matters related to trademark registration， applicants shall submit an Application for Modification of the Address of the Trademark Registrant or an Application for Modification of Other Matters Related to a Registered Trademark， as well as verification of modifications to the Trademark Office， and shall return the original Certificate of Trademark Registration thereto. Following examination and approval， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval has been affixed To the applicant， and shall publish said modifications.

　　When applying for modifications of names or addresses， registrants shall follow the same modification procedures in respect to all registered trademarks.

　　Article 21 When applying for the assignment of registered trademarks， assignors and assignees shall jointly submit an Application for the Assignment of Registered Trademark to the Trademark Office， accompanied by the original Certificate of Trademark Registration. The assignee shall complete application formalities required for applying for assignment of a registered trademark. The assignee shall fulfill all qualifications outlined in Article 2 of the Rules. Upon approving the assignment of trademark， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval of the assignment has been affixed to the assignee， and shall publish notification of the assignment.

　　When applying for the assignment of a registered trademark， the registrant shall simultaneously complete the same assignment procedure in respect to all identical trademarks

， which are either identical with or similar to said registered trademark with respect to both the same or similar goods. When a registered trademark is assigned in respect to such goods as outlined in Article 7 of the Rules， the assignee shall， in accordance with the provisions of Article 11 of the Rules， furnish the Trademark Office with a certificate issued by the competent department concerned.

　　In cases when an application for the assignment of a registered trademark might in any way mislead the public， create confusion or engender any other type of inappropriate influence， the Trademark Office shall reject approval thereof.

　　Article 22 When applying for renewal of a trademark registration， the registrant shall submit an Application for Renewal of Trademark Registration to the Trademark Office， accompanied by five prototypes of the trademark， and return the original Certificate of Trademark Registration thereto. Following examination and approval of the renewal， the Trademark Office shall return the original Certificate of Trademark Registration to which the approval of the renewal has been affixed to the applicant， and shall publish notification of the renewal. The Trademark Office shall reject any renewal applications which contravene relevant provisions of the Trademark Law.

　　The period of validity of a renewed trademark registration shall be calculated from the day following the expiration of the previous period of validity of said trademark.

　　Article 23 Applicant dissatisfied with the decision of the Trademark Office to reject an application for assignment or renewal may， within fifteen days of receipt of the notification of rejection， apply for review by submitting an Application for Review of a Rejected Assignment or an Application for Review of a Rejected Renewal， to the Trademark Review and Adjudication Board. Applications should be accompanied by the original Application for Assignment of Registered Trademark or Application for Renewal of Trademark Registration， and the relevant Notification of Rejection.

　　The Trademark Review and Adjudication Board shall render a final decision and notify the applicant of the same in writing. Board approvals of the assignment or renewal shall be transferred to the Trademark office for corresponding processing.

　　Article 24 Trademark registrants wishing to dispute the registered trademark of a second party shall， within one year from the date of announcement of the registered trademark of the latter in the Trademark Gazette， submit two copies of the an Application for Adjudication of a Disputed Trademark to the Trademark Review and Adjudication Board.

　　Upon making a final adjudication of whether to maintain or cancel the disputed registered trademark， the Trademark Review and Adjudication Board shall notify interested parties of the decision in writing， and shall transfer the case to the Trademark Office for corresponding processing. If the grounds for cancellation involve only certain registered components， trademark registration for components involved therein shall be cancelled. Should adjudication result in cancellation， the proprietor of the disputed trademark shall， within fifteen days of receipt of the notification of adjudication， return the original Certificate of Trademark Registration to the Trademark Office.

　　Article 25 Paragraph 1， Article 27 of the Trademark Law outlines the following fraudulent or unfair acts committed in the acquisition of a trademark registration：

　　（1） Fabricating， withholding the truth or forging an application and related registration documents；

　　（2） Violating the principles of honesty and full faith and cred

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