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

o law in addition to compensating for the losses suffered by the infringed.

　　Chapter VIII Supplementary Provisions

　　Article 41 Applicants for trademark registration and the handling of other trademark matters shall pay a fee， the specific standards of which shall be prescribed separately.

　　Ar

ticle 42 Rules for the implementation of this Law shall be formulated by the administrative department for industry and commerce under the State Council， and shall be implemented after they have been submitted to and approved by the State Council.

　　Article 43 This Law shall go into effect as of March 1， 1983. On that same day， the Regulations on Trademark Administration promulgated by the State Council on April 10， 1963 shall simultaneously be repealed， and any other provisions concerning trademark administration that conflict with this Law shall be invalidated.

　　Trademarks registered before this Law goes into effect shall continue to be valid.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON REVISING THE TRADEMARK LAW OF THE PEOPLE'S REPUBLIC OF CHINA （attached with the first revision of the Trademark Law of the People's Republic of China）

　　（Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22， 1993 and promulgated by Order No. 69 of the President of the People's Republic of China on the same date）

　　The 30th Meeting of the Standing Committe of the Seventh National People's Congress， having considered the proposal of the Draft Amendment to the Trademark Law of the People's Republic of China submitted by the State Council， decides to make the following amendments to the Trademark Law of the People's Republic of China：

　　1. Article 4 is amended to include the following three paragraphs：

　　“Any enterprise， institution or self-employed industrialist or businessman that needs to acquire the right to exclusive use of a trademark for the goods it or he produces， manufactures， processes， selects or markets shall file an application for registration of goods trademark with the Trademark Office.

　　Any enterprise， institution or self-employed industrialist or businessman that needs to acquire the right to exclusive use of a trademark for the services it or he provides shall file an application for registration of service trademark with the Trademark Office. Provisions regarding the goods trademarks in this Law shall be applicable to service trademarks.“

　　2. A new paragraph is added to Article 8 as the second paragraph： “Geographic names of administrative divisions at or above the county level or foreign geographic names known to the public shall not be used as trademarks， with the exception， however， of those geographic names having other meanings. Registered trademarks in which geographic names are used shall remain valid.”

　　3. Article 12 is amended to read as follows： “If an applicant intends to use the same trademark on goods in different classes， it or he shall submit applications for registration in accordance with the classification of goods.”

　　4. A new paragraph is added to Article 26 as the second paragraph： “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.”

　　5. The first paragraph of Article 27 is amended to read as the following two paragraphs： “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 circumstances 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.“

　　6. Article 29 is amended to read as follows： “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.”

　　7. A sub-paragraph is added to Article 38 as sub-paragraph（2）： “Knowingly selling goods bearing counterfeit registered trademarks；”

　　Sub-paragraph （2） of Article 38 is amended to be sub-paragraph（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.”

　　Sub-paragraph （3） of Article 38 accordingly becomes sub-paragraph （4）。

　　8. The first paragraph of Article 39 is amended to read as follows： “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 infringer 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.”

　　9. Article 40 is amended to include the following three paragraphs：

　　“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 to law in addition to compensating for the losses suffered by the infringed.“

　　This Decision shall come into force as of July 1， 1993.

　　The Trademark Law of the People's Republic of China shall be amended correspondingly in accordance with this Decision and shall be republished

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