中华人民共和国商标法(中英)

ademark or for any other matters concerning a trademark in China shall entrust any of such organizations as recognized to be qualified for trademark agency by the State to act as his or its agent.

　　Chapter II. Application for Trademark Registration

　　Article 19. An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be u

sed.

　　Article 20. Where any applicant for registration of a trademark intends to apply the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.

　　Article 21. Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.

　　Article 22. Where the sign of a registered trademark is to be altered, a new registration shall be applied for.

　　Article 23. Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.

　　Article 24. Any applicant for the registration of a mark in China who has previously duly filed an application to register the same mark in connection with the same goods in a foreign country may enjoy the right of priority in accordance with any agreement concluded between the PRC and the foreign country concerned, or with the international treaty to which both countries are parties, or on the basis of the principle of reciprocity, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country.

　　Anyone claiming the right of priority according to the preceding paragraph shall so state in writing at the time of filing the application and shall submit, within three months, a copy of the original in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.

　　Article 25. Where an application uses a trademark for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, he or it may claim the right of priority, provided he or it files an application for the registration of the mark within six moths from the date of the exhibition.

　　Anyone claiming the right of priority in accordance with the provision in the preceding paragraph shall so state in writing at the time of filing the application, and shall submit, within three months, the name of the exhibition, evidence certifying the use of the mark on the goods displayed, and documents validation the date of the exhibition. An applicant who fails to claim in writing or to submit the documents required within the specified period shall be deemed as not having claimed the right of priority.

　　Article 26. Matters declared and documents provided for the purpose of the application for the registration of a trademark shall be true, accurate and complete.

　　Chapter III. Examination for and Approval of Trademark Registration

　　Article 27. Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.

　　Article 28. Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another party that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.

　　Article 29. Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was firs

t filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.

　　Article 30. Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed at the expiration of the expiration of the specified period, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.

　　Article 31. No trademark application shall infringe upon another party's existing prior rights. Nor shall an applicant register in an unfair means a mark that is already in use by another party and has certain influence.

　　Article 32. Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant of the same in writing.

　　Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may within 30 days from receipt of the corresponding notice, institute legal proceedings with the people's court.

　　Article 33. Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and the opposed state facts and grounds, and shall, after investigation and verification, make a ruling. Where any party is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a ruling and notify both the opponent and the opposed in writing.

　　Where any interested party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he or it may, within 30 days from the receipt of the notice, institute legal proceedings with the people's court. The People's Court shall notify the other party in the trademark review proceedings to be a third party to the litigation.

　　Article 34. Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication by the Trademark Office or does not institute legal proceedings in respect of the adjudication by the Trademark Review and Adjudication Board, the adjudication takes effect.

　　If it is decided that the opposition is not justified, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.

　　Where it is decided that the opposition is not justified and the mark shall be registered, the date on which the applicant acquires the mark's exclusive right of use shall be counted from the day three months after it's preliminary publication.

　　Article 35. Application for trademark registration and trademark registration review shall be examined without delay.

　　Article 36. Where a trademark applicant or trademark registrant finds an obvious error in the documents of application or registration, he or it may apply to have it corrected. The Trademark Office shall ex officio make corrections in accordance with law and notify the party concerned.

　　The correction of errors provided in the preceding paragraph shall not involve substantive matters in the application or registration documents.

　　Chapter IV. Renewal, Assignment and Li

censing of Registered Trademarks

　　Article 37. The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

　　Article 38. Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.

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

　　Any renewal of registration shall be published after it has been approved.

　　Article 39. Where a registered trademark is assigned, the assignor and assignee shall sign an agreement for the assignment and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.

　　The assignment of a registered trademark shall be published after it has been approved. The assignee shall enjoy the exclusive right to use the mark from the date of publication.

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