中华人民共和国商标法(中英)

　　Article 40. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his or its registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.

　　Where any party is authorized to use a registered trademark of another party, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark. The trademark license contract shall be submitted to the Trademark Office for record.

　　Chapter V. Adjudication of Disputes Concerning Registered Trademarks

　　Article 41. Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.

　　Where a registered trademark stands in violation of the provisions of Articles 13, 15, 16 and 31 of this Law, the owner of the mark or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.

　　Where a registration was obtained in bad faith, the owner of a well-known trademark shall not be bound by the five-year limitation.

　　In addition to those cases as provided in the preceding two paragraphs, a prior registrant disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.

　　The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the parties concerned and request them to respond with arguments within a specified period.

　　Article 42. Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.

　　Article 43. After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the parties concerned 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 thirty days from receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall notify the other party in the trademark adjudication proceeding to be a third party to the litigation.

　　Chapter VI. Administration of the Use of Trademarks

　　Article 44. Where any person who uses a registered trademark has committed any of the following acts, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:

　　(1) where a registered trademark is altered unilaterally (that is, without the required registration);

　　(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);

　　(3) where the registered trademark is assigned unilaterally (that is, without the required approval);

　　(4) where the use of the registered trademark has ceased for three consecutive years.

　　Article 45. Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.

　　Article 46. Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.

　　Article 47. Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.

　　Article 48. Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:

　　(1) where the trademark is falsely represented as registered;

　　(2) where any provision of Article 10 of this Law is violated;

　　(3) where the manufacture is of rough or poor, or where superior quality is replaced by inferior quality, so that consumers are deceived.

　　Article 49. Any party concerned dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review with the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant in writing. Where any interested party dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within 30 days from receipt of the notice, institute legal proceedings in the People's Court.

　　Article 50. Any interested party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the People's Court. If there have been instituted no legal proceedings or no performance of the decision has been made at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory executi

on thereof.

　　Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks

　　Article 51. The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

　　Article 52. Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

　　(1) using a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization from the trademark registrant;

　　(2) selling goods that infringe the exclusive right to use a registered trademark;

　　(3) counterfeiting, or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited, or made without authorization;

　　(4) replacing another party's registered trademark, without authorization, and selling goods bearing such a replaced trademark;

　　(5) causing, in other respects, prejudice to the exclusive right of another person to use a registered trademark.

　　Article 53. Where a dispute arises after a party commits any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law, the parties involved shall settle the dispute through consultation. Where the parties refuse to pursue consultation or where consultation has failed, the trademark registrant or interested party may institute legal proceedings with the People's Court, or request the administrative authority for industry and commerce for actions. The administrative authority for industry and commerce shall, upon determining the trademark infringement has taken place, order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and any instruments specifically used to manufacture the infringing goods and counterfeit representations of the registered trademarks, and even impose a fine. Where any interested party is dissatisfied with the decision of the administrative authority for industry and commerce, he or it may, within 15 days from the date of receipt of the notification, institute legal proceedings with the people's court in accordance with the Administrative Procedural Law of the People's Republic of China. If there are no legal proceedings instituted or no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory execution thereof. Where a party so requests, the administrative authority for industry and commerce handling a dispute may mediate in settling the amount of damages. Where mediation fails, a party may institute legal proceedings with the People's Court in accordance with the Civil Procedural Law of the People's Republic of China.

　　Article 54. The administrative authority for industry and commerce has the power to investigate and handle by law any conduct infringing upon the exclusive right t

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