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

it to reproduce， counterfeit or translate the well-known trademark of another party in the registration；

　　（3） Acquiring a trademark registration in the name of the trademark agent， but without the authorization of the trademark proprietor who

has entrusted the registering party；

　　（4） Infringing on any prior legal right of another party in the registration； and

　　（5） Using any other unfair means to acquire a registration.

　　In accordance with Paragraph 1， Article 27 of the Trademark Law， trademark registrants dissatisfied with the decision of the Trademark Office to cancel a trademark registration may， within fifteen days of receipt of the notification of the decision， apply for review by submitting an Application for Review of the Cancellation of an Improperly Registered Trademark to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall render a final decision thereon， notify the applicant in writing and transfer the case to the Trademark Office for the corresponding processing.

　　Any organization or individual claiming that a trademark has been improperly registered may apply for adjudication by submitting two copies of an original Application for the Cancellation of Improperly Registered Trademark to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall render a final adjudication thereon， notify interested parties of the decision in writing， and transfer the case to the Trademark Office for the corresponding processing.

　　The Trademark Office shall publish notification of the cancellation of improperly registered trademarks. The trademark registrant in question shall， within fifteen days of receipt of the notification of the decision or adjudication， return the original Certificate of Trademark Registration to the Trademark Office.

　　In cases when a registered trademark is cancelled in accordance with Paragraph 1 and Paragraph 2， Article 27， of the Trademark Law， exclusive use rights shall be deemed invalid from the registered date. In cases when registered trademarks have been cancelled in accordance with a decision or adjudication， there shall be no recourse concerning any such judgement or orders concerning trademarks involving infringement cases adjudicated and enforced by people's courts， or for any such decisions rendered and enforced by the administrative authority for industry and commerce， as well as any such trademark assignments or trademark licensing contracts in place prior to said cancellation. However， compensation shall be paid should the bad faith actions of a trademark registrant result in damages to any other party.

　　Chapter V Administration of the Use of Trademarks

　　Article 26 Registered trademarks in use shall carry the indication of “ZHUCE SHANGBIAO” （registered trademark - the editor） or the registration sign of （ZHU） （registered - the editor） or （R）。 In cases when it is inconvenient for a commodity to bear such indications or signs， accompanying packaging or description and other attachments shall be so marked.

　　Article 27 In cases when a Certificate of Trademark Registration is lost or damaged， the trademark registrant must apply for reissuance thereof. The trademark registrant shall submit an Application for Reissuance of a Certificate of Trademark Registration to the Trademark Office， accompanied by five prototypes of the registered trademark. When a Certificate of Trademark Registration is lost， the trademark registrant shall publish the loss thereof in the Trademark Gazette. A damaged Certificate of Trademark Registration shall be returned to the Trademark Office.

　　In cases when any person commits any act of forging or altering a Certificate of Trademark Registration， the local administrative authority for industry and commerce shall， in accordance with prevailing circumstances， impose a fine not exceeding 20，000 RMB Yuan， and shall seize all copies of the forged or altered Certificate of Trademark Registration.

　　Article 28 In cases when a person is found to have committed any act referred to in Items （1）， （2） and （3） of Article 30 of the Trademark Law， the adm

inistrative authority for industry and commerce shall order the trademark registrant to rectify the situation within a specified period. Should registrant refuses to undertake rectification， the administrative authority for industry and commerce in the relevant location shall submit the case to the Trademark Office for cancellation of the registered trademark.

　　Article 29 In cases when any person has committed acts referred to in Item （4） of Article 30 of the Trademark Law， any other interested party may apply to the Trademark Office for cancellation of the registered trademark in question by stating the facts related thereto. The Trademark Office shall notify the trademark registrant and require the registrant to furnish proof of use of said trademark or otherwise state fair reasons for non-use thereof within three months of receipt of said notifications. Should the registrant fail to furnish proof of use by the expiration of the specified period， or said proof is invalid， the Trademark Office shall cancel the registered trademark.

　　Use of a trademark referred to in the preceding paragraph shall include the use of said trademark on the goods themselves， as well packages or containers for said goods， in trade related documents， and use in advertising， exhibitions or any other business activities.

　　Article 30 Applications filed for the registration of trademarks identical with or similar to a trademark cancelled under the provisions of Article 29 of the Rules in respect to the same or similar goods shall not be subject to the provisions of Article 32 of the Trademark Law.

　　Article 31 The administrative authority for Industry and Commerce shall order persons who have committed any act outlined in Article 31 and Item （3） of Article 34 of the Trademark Law to rectify the situation within a specified period. In serious cases， said authority shall order the infringing party to carry out a self-examination of said violations， and circulate a notice of criticism. In addition， the authority shall impose a fine not exceeding 20% of the volume of his illegal business， or not exceeding twice the amount of illegal profits； poisonous and harmful goods， or goods with no use value， shall be destroyed； the Trademark Office shall cancel registered trademarks used on such goods in accordance with provisions of the Trademark Law.

　　Article 32 The administrative authority for industry and commerce shall prohibit any person found to have committed any acts referred to in Item （1） and （2） of Article 34 of the Trademark Law from any form of advertising thereof. In addition， the authority shall seal or seize representations of said trademark and order the infringing party to rectify the situation within a specified period. In accordance with the seriousness of the case， the authority may also circulate a notice of criticism， and may impose a fine not exceeding 20% of the volume of the illegal business.

　　Article 33 The administrative authority for industry and commerce shall prohibit any person found to have violated the provisions of Article 5 of the Trademark Law from the sale and advertising of the goods in question. The authority shall seal or seize the representations of the trademark， and may， according to the seriousness of the case， impose a fine not exceeding 10% of the volume of the illegal business.

　　Article 34 No person shall be permitted to engage in illegal activities related to traffic in， printing or reproducing representations of registered trademarks.

　　The administrative authority for industry and commerce shall force any person found in violation of provisions outlined in the preceding paragraph to cease and desist from illegal activities and shall seize all representations of the trademark. In addition， in accordance with the seriousness of the case， the authority may impose a fine not exceeding 20% of the volume of his illegal business. The Trademark Office may

cancel the registered trademark of any person found illegally selling representations of said registered trademark. Cases involving infringements on the exclusive rights for a registered trademark shall be handled in accordance with provisions in Article 43 of the Rules.

　　Article 35 Trademark registrants authorizing any other person to use a registered trademark shall sign a trademark license contract for such use. Both the licensor and licensee shall， within three months of the consummation of a trademark license contract， submit a copy of said contract to the administrative authority for industry and commerce at the county level of his location for reference. The licensor shall submit a second copy of said contract to the Trademark Office for record， with the latter publishing same in the Trademark Gazette.

　　The administrative authority for industry and commerce at the reference location of the licensor or the licensee shall order any party found violating the provisions of the preceding paragraph to rectify the situation within a specified period. Should said party refuse to rectify the problem， the administrative authority for industry and commerce shall impose the prescribed fine and submit the case to the Trademark Office for cancellation of the registered trademark.

　　The administrative authority for industry and commerce at the licensee's reference location shall order any party found violating the provisions of Paragraph 2， Article 26 of the Trademark Law to rectify the situation within a specified period， and shall seize representations of the licens

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