中华人民共和国商标法实施条例 Regulation for the Implementation of the Trademark Law of the Peoples Republic of Chi

国务院令第358号

颁布日期：20020803 　实施日期：20020915 　颁布单位：国务院

　　Chapter I General Principles

　　Chapter II Application for Trademark Registration

　　Chapter III Examination of Applications for Trademark Registration

　　Chapter IV Alteration， Transfer and Renew of Registered Trademarks

　　Chapter V Trademark Appraisal

　　Chapter VI Administration of the Use of Trademarks

　　Chapter VII Protection of the Exclusive Right to Use Registered Trademarks

　　Chapter VIII Supplementary Provisions

　　Order of the State Council of the People's Republic of China （No. 358）

　　The Regulation for the Implementation of the Trademark Law of the People's Republic of China is hereby promulgated for implementation as of September 15， 2002.

　　August 3， 2002

Regulation for the Implementation of the Trademark Law of the People's Republic of China

　　Chapter I General Principles

　　Article 1 The present Regulation has been enacted on the basis of the Trademark Law of the People's Republic of China （hereafter referred to as the Trademark Law“）。

　　Article 2 The provisions of the present Regulation concerning relevant commodities trademarks shall be applicable to service trademarks.

　　Article 3 The use of trademarks as mentioned in the Trademark Law and the present Regulation refers to affixing trademarks to commodities， commodity packages or containers as well as commodity exchange documents or using trademarks to advertisements， exhibitions and other commercial activities.

　　Article 4 The “commodities to which registered trademarks must be used according to the provisions of the State” as mentioned in Article 6 of the Trademark Law refers to the commodities to which registered must be used according to the provisions of laws or administrative regulations.

　　Article 5 According to the provisions of the Trademark Law and the present Regulation， when a dispute arises in the process of trademark registration or trademark appraisal and the relevant party concerned believes that the trademark thereof constitutes a well-known one， he may apply to the corresponding Trademark Office or Trademark Appraisal Committee for recognition and reject the trademark registration application that violates Article 13 of the Trademark Law or cancel the trademark registration that violates Article 13 of the Trademark Law. When filing the application， the party concerned shall submit evidential materials to prove that the trademark thereof constitutes a well-known trademark.

　　The Trademark Office or Trademark Appraisal Committee shall， upon the request of the party concerned and on the basis of finding out facts， decide whether the trademark constitutes a well-known trademark or not according to the provisions of Article 14 of the Trademark Law.

　　Article 6 The geographic marks as mentioned in Article 16 of the Trademark Law may， according to the provisions of the Trademark Law and the present Regulation， be registered as a certification mark or collective mark.

　　Where a geographic mark is registered as a certification mark， the natural person， legal person or other organization whose commodities meets the conditions for using the geographic mark may request for using the certification mark， and the organization that controls the certification mark shall consent. Where a geographic mark is registered as a collective mark， the natural person， legal person or other organization whose commodities meets the conditions for using the geographic mark may request for becoming a member of the body， society or other organization that has registered the geographic mark as a collective mark， and the body， society or other organization shall accept him or it to be a member according to the constitutions thereof. Any one who does not request for becoming a member of the bo

dy， society or other organization that has registered the geographic mark as a collective one， he or it may be justified in using the geographic mark， and the body， society or other organization shall not interdict.

　　Article 7 To entrust a trademark agency to apply for trademark registration or handle other trademark matters， the party concerned shall present a power of attorney. The power of attorney shall clearly specify the content of agency and the limit of power. If the client is a foreigner or foreign enterprise， the power of attorney shall specify the nationality thereof.

　　The principle of reciprocity shall be followed in the notarization or attestation of powers of attorney of foreigners or foreign enterprises as well as other relevant certification documents.

　　A foreigner or foreign enterprise as mentioned in Article 18 of the Trademark Law refers to a foreigner or foreign enterprise that does not have a permanent residence or site of business within China.

　　Article 8 The Chinese language shall be used in the applications for trademark registration or in the handling of other trademark matters.

　　If any of the certificates， certification documents or evidential materials submitted as pursuant to the provisions of the Trademark Law and the present Regulation is in a foreign language， a Chinese version shall be submitted at the same time. If no Chinese version is submitted， it shall be deemed that the certificate， certification document or evidential material has not been submitted.

　　Article 9 A working staff of the Trademark Office or Trademark Appraisal Committee shall withdraw， and the party concerned or interested parties may request him to withdraw if he：

　　a. is the party concerned or a close relative of the party concerned or the agent thereof；

　　b. has other relationship with the party concerned or the agent thereof so that impartiality may be affected；

　　c. has an interest in the application for trademark registration or in the handling of other trademark matters.

　　Article 10 Unless it is otherwise provided， where the parties concerned submits documents or materials to the Trademark Office or Trademark Appraisal Committee directly， the day when he submits shall be the day of submission. If the documents or materials are submitted by post， the post stamp date for sending out shall be the day of submission. Where the post stamp date is not clear or there is no post stamp date， the submission date shall be the day when the Trademark Office or Trademark Appraisal Committee actually receives the documents or materials unless the parties concerned can prove the actual post stamp date for sending out.

　　Article 11 The various kinds of documents of the Trademark Office or Trademark Appraisal Committee may be serviced to the parties concerned directly or by post or by any other means. Where the party concerned has entrusted a trademark agency， the service of documents to the trademark agent shall be deemed as having been serviced to the party concerned.

　　As for the date of service of the various kinds of documents to the parties concerned by the Trademark Office or Trademark Appraisal Committee， if the documents are serviced by post， it shall be the post stamp date when the party concerned receives the document. Where the post stamp date is not clear or there is no post stamp date， it shall be deemed as having been serviced to the party concerned 15 days after the document is sent out. If the document is serviced directly， it shall be the day when it is serviced. Where it is impossible to service directly or by post， it may be serviced to the parties concerned by public announcement. The document shall be deemed as having been serviced 30 days after the public announcement is made.

　　Article 12 International trademark registrations shall be handled according to the international treaties to which China has acce

ded. The detailed specific measures shall be formulated by the administrative department of industry and commerce under the State Council.

　　Chapter II Application for Trademark Registration

　　Article 13 An application for trademark registration shall be made according to the published table of classification of commodities and services. For each trademark registration application， the applicant shall submit to the Trademark Office a copy of Application for Trademark Registration， 5 copies of the trademark design， and， in the case of decided colors， 5 copies of colored design and a copy of black and white design.

　　The trademark designs shall be conspicuous and easy to be attached. They shall be printed on smooth and durable paper or be replaced by photos， the size of which shall be no more than 10 centimeters but no less than 5 centimeters in length or width.

　　Where an application is made for a three-dimensional mark， it shall be clearly stated in the application and a design shall be submitted according to which three-dimensional shape could be determined.

　　Where an application is made for the registration of a color group as a trademark， it shall be clearly specified in the application and a written explanation shall be submitted.

　　Where an application is made for the registration of a collective trademark or certification mark， it shall be specified in the application， and a certification document concerning the qualifications of the subject as well as the rules of the administration of use shall be submitted.

　　Where a trademark is in a foreign language or involves a foreign language， the meanings of the foreign language shall be explained.

　　Article 14 To apply for trademark registration， the applicant shall submit a photocopy of

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