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

ed trademark of the licensee. In addition， in accordance with the seriousness of the case， may impose a fine not exceeding 50，000 RMB Yuan.

　　Article 36 Trademark registrants authorizing any other person to use a registered trademark shall ensure the licensee is qualified in accordance with stipulations in Article 2 of the Rules.

　　In cases when licensors authorize any other person to use a registered trademark with respect of any goods outlined in Article 7 of the Rules， licensee's shall， in accordance with Article 11 of the Rules， furnish the certifying papers issued by the competent authority concerned as an attachment thereto when submitting a copy of the contract to the administrative authority for industry and commerce for reference.

　　Article 37 When making a decision to cancel a registered trademark under the provisions of Article 30 or 31 of the Trademark Law or Article 28， 29， 31， 34 or 35 of the Rules， the Trademark Office shall provide the trademark registrant and the administrative authority for industry and commerce at the registrant's reference location with written notification.

　　Trademark registrants dissatisfied with the decision of the Trademark Office to cancel a registered trademark， may， within fifteen days of receipt of the notification of cancellation， apply for review by submitting an Application for Review of the Cancelled Trademark to the Trademark Review and Adjudication Board.

　　The Trademark Review and Adjudication Board shall render a final decision， and provide written notification to the trademark registrant and the administrative authority for industry and commerce at the registrant's reference location. The case will then be transferred to the Trademark Office for corresponding processing.

　　Article 38 Trademark registrants applying for removal of a registered trademark from the Trademark Register， shall submit an Application for Trademark Removal to the Trademark Office， and return the original Certificate of Trademark Registration thereto.

　　Article 39 The Trademark Office shall publish the cancellation or removals of all registered trademarks in the Trademark Gazette. Effective from the date of announcement of the cancellation or removal thereof， there shall be no further exclusive use rights to the trademark. Where a registered trademark is cancelled，

the administrative authority for industry and commerce at the registrant's reference location shall recall the Certificate of Trademark Registration in question and transfer same to the Trademark Office.

　　Article 40 Interested parties dissatisfied with decisions made by the administrative authority for industry and commerce under the provisions of Chapter VI of the Trademark Law and Chapter V of the Rules may， within fifteen days of receipt of the notification of the decision， apply to the administrative authority for industry and commerce at the higher level for reconsideration of the decision. Said authority at the higher level shall render a decision within two months of receipt of the application for reconsideration. Interested parties dissatisfied with the reconsideration decision may， within fifteen days of receipt of the notification of the decision， institute legal proceedings in the people's court. In cases when no application for reconsideration has been filed， no legal proceedings instituted or there is no on-going performance related to the decision by the expiration of the specified period， the administrative authority for industry and commerce shall request that the relevant people's court execute compulsory action thereof.

　　Chapter VI Protection of Exclusive Rights to Use a Registered Trademark

　　Article 41 The following acts shall constitute infringements of the exclusive rights to use a registered trademark as referred to in Item （4） of Article 38 of the Trademark Law：

　　（1） Knowingly or otherwise dealing in goods which infringe on the exclusive rights of another person to use a registered trademark；

　　（2） Using any word， phrase or device identical with， or similar to a registered trademark of another person used for same or similar goods， as the designation or design of goods which is sufficient to mislead the public； and

　　（3） Intentionally providing any person with facilities related to storage， transportation， postal services and concealment which infringe on the exclusive rights of another person to use a registered trademark.

　　Article 42 In cases involving infringements on the exclusive rights of another person to use a registered trademark， any interested party may lodge a complaint or report the case of infringement to the administrative authority for industry and commerce at or above the county level in the reference location of the in fringer or location of the actual act of infringement. The trademark registrant may otherwise institute legal proceedings directly with people's courts.

　　When determining infringements on the exclusive rights of a person to use a registered trademark， the administrative authority for industry and commerce may exercise the following functions and powers to investigate and obtain evidence：

　　（1） Conduct direct inquiries with interested parties in the case；

　　（2） Inspect all articles related to the act of infringement， and when necessary order the confiscation of same；

　　（3） Investigate all acts of infringement； and

　　（4） Examine or reproduce all contracts， accounts and any other commercial data connected with the act of infringement.

　　Interested parties are required to participate fully when the administrative authority for industry and commerce exercises the functions and powers outlined in the preceding paragraph.

　　Article 43 The administrative authority for industry and commerce may take the following action to halt infringements on the exclusive rights of a person to use a registered trademark：

　　（1） Issue an order to immediately cease and desist from the sale of such goods；

　　（2） Seize and destroy illegal representations of the trademark in question；

　　（3） Order the counterfeit trademark be removed from remaining goods；

　　（4） Seize molds， plates and any other paraphernalia directly related to infringements on the exclus

ive rights of a person to used a trademark； and

　　（5） Order and supervise the destruction of articles related to the infringement in cases where it is unable to halt acts of infringement according to measures outlined in the preceding four sub-paragraphs， or if it is impossible to separate the infringing trademark from the goods.

　　In cases when infringements of the exclusive right to use a registered trademark are not considered serious enough to constitute a crime， the administrative authority for industry and commerce may， in accordance with the seriousness of the case， impose a fine not exceeding 50% of the volume of the illegal business， or five times profits earned as a result of the infringement. With regard to representatives of an organization directly responsible for infringements on the exclusive rights of a person to use a registered trademark， the administrative authority for industry and commerce may， in accordance with the seriousness of the case， impose a fine not exceeding 10，000 RMB Yuan.

　　The administrative authority for industry and commerce may， at the request of the trademark registrant， order infringing party to pay compensation for damages suffered by the former. Interested parties dissatisfied therewith may institute legal proceedings with the relevant people's court.

　　Article 44 Interested parties dissatisfied with the decision made by the administrative authority for industry and commerce under the provisions of Paragraph 1 and 2 of the preceding article may， within fifteen days of receipt of the notification of the decision， apply to the administrative authority for industry and commerce at the higher level for reconsideration of the decision. Said authority at the higher level shall render a decision within two months of receipt of the application for reconsideration. Thereafter， interested parties dissatisfied with the reconsideration decision may， within fifteen days of receipt of the notification of the decision， institute legal proceedings with the relevant people' court. In cases when no application for reconsideration has been filed， no legal proceedings instituted， or there is no on-going performance related to the decision by the expiration of the specified period， the administrative authority for industry and commerce shall request that the relevant people's court execute compulsory action thereof.

　　Article 45 Where any person misrepresents the registered trademark of another person， any interested party may lodge a complaint with， or report the violation， to the administrative authority for industry and commerce， or appropriate procuratorial agency.

　　Complaints lodged or reports of the violation received by the administrative authority for industry and commerce shall be dealt with in accordance with provisions in Article 43 of the Rules. If cases are serious enough to constitute a crime， any person directly responsible for the infringement shall be prosecuted according to law by the responsible judicial department.

　　Chapter VII Supplementary Provisions

　　Article 46 Parties applying for review under the provisions of Article 21， 22 or 35 of the Trademark Law or Article 23 or 25 of the Rules shall do it within the specified period. In cases involving extraordinary circumstances or for various other reasons deemed fair reasons， the interested party may request an extension of thirty days before the expiration of said pe

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