中华人民共和国商标法（修正） Trademark Law of the Peoples Republic of China

egistered trademark after the period of validity expires， an application for renewal of registration shall be made within six months before the expiration. If the registrant fails to make such an application within that period， an extension period of six months may be granted. If no application has been filed before the extension period expires， the registered trademark shall be cancelled.

　　The period of validity for each renewal of registration shall be ten years.

　　After a renewal of registration has been approved， it shall be publicly announced.

　　Article 25 When a registered trademark is to be assigned， the assignor and the assignee shall jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods on which the registered trademark is to be used.

　　After the assignment of a registered trademark has been approved， it shall be publicly announced.

　　Article 26 A trademark registrant may， by concluding a trademark licensing contract， authorize another person to use its registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses the licensor's registered trademark， and the licensee shall guarantee the quality of the goods on which the registered trademark is to be used.

　　If any party is authorized 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 licensing contract shall be submitted to the Trademark Office for the record.

　　Chapter V Determination of Disputes Concerning Registered Trademarks

　　Article 27 If a registered trademark contravenes the provisions of Article 8 of this Law， or the registration thereof is obtained through fraudulent or other unfair means， the Trademark Office shall cancel such registered trademark； other entities or individuals may request the Trademark Review and Adjudication Board to make a ruling cancelling such registered trademark.

　　If a dispute arises over a registered trademark， with the exception of the circ

umstances specified in the preceding paragraph， the disputant may， within one year from the date the trademark is registered after due verification， apply to the Trademark Review and Adjudication Board for a ruling.

　　After the Trademark Review and Adjudication Board has received an application for a ruling， it shall notify the parties concerned and request them to reply within a specified period.

　　Article 28 If an opposition was filed and a ruling already made prior to the approval of the registration of a trademark， the same facts and reasons may not be used in an another application for a ruling.

　　Article 29 After the Trademark Review and Adjudication Board has made the final ruling upholding or revoking a registered trademark， it shall notify the parties concerned in writing.

　　Chapter VI Administrative Control of the Use of Trademarks

　　Article 30 In the event of any of the following acts concerning the use of a registered trademark， the Trademark Office shall order rectification of the situation within a specified period or shall revoke the registered trademark：

　　（1） if any word or design， or combination thereof， of the registered trademark is altered without authorization；

　　（2） if the registrant's name， address or any other registered matters concerning the registered trademark is changed without authorization；

　　（3） if the registered trademark is assigned without authorization； and

　　（4） if the registered trademark has not been used for three consecutive years.

　　Article 31 If a registered trademark is used on crudely manufactured goods that are passed off as being of highquality， thus deceiving consumers， the administrative departments for industry and commerce at various levels shall， according to the circumstances， order rectification of the situation within a specified period and may， in addition， circulate a notice on the matter or impose a fine， or the Trademark Office may revoke the registered trademark.

　　Article 32 If a registered trademark is revoked or is not renewed after its period of validity expires， the Trademark Office shall not approve any application for the registration of a trademark identical with or similar to the said trademark within one year from the day of the revocation or cancellation.

　　Article 33 In the event of a violation of the provisions of Article 5 of this Law， the local administrative department for industry and commerce shall order the violator to file an application for registration within a specified period and may， in addition， impose a fine.

　　Article 34 In the event of any of the following acts concerning the use of an unregistered trademark， the local administrative department for industry and commerce shall stop the use of the trademark， order rectification of the situation within a specified period and may， in addition， circulate a notice on the matter or impose a fine：

　　（1） if the trademark is falsely represented as being a registered one；

　　（2） if the trademark violates the provisions of Article 8 of this Law； or

　　（3） if the trademark is used on crudely manufactured goods that are passed off as being of high quality， thus deceiving consumers.

　　Article 35 If a party disagrees with the decision of the Trademark Office to revoke a registered trademark， it may apply for a reexamination within 15 days after receiving notification of the revocation， and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

　　Article 36 If a party disagrees with the decision of the administrative department for industry and commerce to impose a fine under the provisions of Articles 31， 33 or 34 of this Law， it may bring a suit in a people's court within 15 days after receiving the notification of the decision. If， at the expiration of such a period， the party has neither brought a suit nor co

mplied with the decision， the relevant administrative department for industry and commerce shall apply to the people's court for compulsory enforcement of its decision.

　　Chapter VII Protection of the Right to Exclusive Use of a Registered Trademark

　　Article 37 The right to exclusive use of a registered trademark shall be limited to trademarks which have been approved for registration and to goods on which the use of a trademark has been approved.

　　Article 38 Any of the following acts shall be an infringement of the right to exclusive use of a registered trademark：

　　（1） using a trademark which is identical with or similar to the registered trademark on the same kind of goods or similar goods without a licence from the owner of that registered trademark；

　　（2） knowingly selling goods bearing counterfeit registered trademarks；

　　（3） forging or making without authorization representations of a registered trademark of another person or selling representations of a registered trademark which are forged or made without authorization； or

　　（4） harming， in other ways， another person's right to exclusive use of a registered trademark.

　　Article 39 In the event of any infringement of the right to the exclusive use of a registered trademark as set forth in Article 38 of this Law， the infringed may request the administrative department for industry and commerce at or above the county level for disposition. The relevant administrative department for industry and commerce shall have the power to order the in fringer to stop the infringing act immediately and to compensate the infringed for its or his losses； the amount of the compensation shall be the profits the infinger has obtained as a result of the infringement during the period of the infringement or the losses suffered by the infringed as a result of the infringement during the period of the infringement. If the infringement of the right to exclusive use of a registered trademark does not constitute a crime， the administrative department for industry and commerce may impose a fine upon the infringer. If any party is not satisfied with the decision of the administrative department for industry and commerce ordering a cessation of the infringing act and imposing a fine， it may bring a suit in a people's court within 15 days from receipt of notification of the decision. If， on the expiration of such a period， the party has neither brought a suit nor complied with the decison， the relevant administrative department for industry and commerce shall apply to the people's court for compulsory enforcement.

　　In the event of an infringement of the right to exclusive use of a registered trademark， the party whose right has been infringed may also directly bring a suit in a people's court.

　　Article 40 Any person who counterfeits a registered trademark of another person shall， if the act constitutes a crime， be investigated for criminal responsibility according to law in addition to compensating for the losses suffered by the infringed.

　　Any person who forges or makes without authorization representations of a registered trademark of another person or sells representations of a registered trademark which are forged or made without authorization shall， if the act constitutes a crime， be investigated for criminal responsibility according to law in addition to compensating for the losses suffered by the infringed.

　　Any person who knowingly sells goods bearing counterfeit registered trademarks shall， if the act constitutes a crime， be investigated for criminal responsibility according t

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