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

the effective certificates that can prove his identification. The name of the trademark registration applicant shall be identical to the certificates submitted.

　　Article 15 The name of a commodity or service to be filled in shall be based on the table of classification of commodities and services. Where the name of a commodity or service is not included in the table of classification of commodities and services， an explanation shall be made concerning the commodity or service.

　　The trademark registration applications and other relevant documents shall be typewritten or printed.

　　Article 16 To jointly apply for the registration of a same trademark， a representative shall be designated in the application. In the absence of a representative， the first sequence person in the application shall be the representative.

　　Article 17 Where the applicant alters his name， address or agent， or deletes any of the designated commodities， he may apply to the Trademark Office for alterations.

　　Where the applicant transfers his application for trademark registration， he shall go through transfer procedures at the Trademark Office.

　　Article 18 The day of application for trademark registration shall be the day when the Trademark Office receives the application documents. If the application procedures are complete and application documents have been filled in according to relevant provisions， the Trademark Office shall accept and notify the applicant in writing. If the application procedures are incomplete or application documents fail to be filled in according to relevant provisions， the Trademark Office shall refuse to accept and inform the applicant in writing together with an explanation of the reasons.

　　If the application procedures are basically complete or the application documents are basically in conformity with relevant provisions but need supplementing， the Trademark Office shall inform the applicant to make supplements， and demand him to make up the designated contents and send back to the Trademark Office within 30 days after receiving the notice. If supplements are made withi

n the required time period and sent back to the Trademark Office， the date of application shall be retained. If the applicant fails to make the supplement within the required time period， it shall be deemed that he has given up the application， and the Trademark Office shall inform the applicant in writing.

　　Article 19 If two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind of commodity or similar commodity， each applicant shall submit， within 30 days and as notified by the Trademark Office， proof of the date of the first use of its trademark. In case the trademarks were first used on the same day， or neither is yet in use， the applicants shall settle the matter by negotiations within 30 days after receiving the notice of the Trademark Office， and the agreement shall be submitted to the Trademark Office in writing. If they refuse to negotiate or if they fail to enter into any agreement， the Trademark Office shall inform them to decide the applicant by drawing lots， and the application of other applicants shall be rejected. Where any applicant has been notified by the Trademark Office but fails to draw lots， he shall be deemed as giving up his application， and the Trademark Office shall inform the applicant failing to draw lots in writing.

　　Article 20 Where an applicant requests for priority according to the provisions of Article 24 of the Trademark Law， the reproduction of the documents submitted thereby for the first time for trademark registration shall be subject to the certification of the administrative department of trademark affairs that has accepted the application which shall mark the date and sequence number of application.

　　Where an applicant requests for priority according to the provisions of Article 25 of the Trademark Law， the certification documents submitted by the applicant shall be subject to the attestation of an institution as designated by the administrative department of industry and commerce under the State Council， with the exception of international commodity fairs held within the territory of China on which his commodities have been exhibited.

　　Chapter III Examination of Applications for Trademark Registration

　　Article 21 The Trademark Office shall examine the applications for trademark registration that it has accepted according to the relevant provisions of the Trademark Law and the present Regulation， and grant initial approval by public announcement to those applications that meet the requirements and those applications that meet the requirements for registration of trademarks to be used on some of the designated commodities. If the application does not meet the requirements or the application for registration of a trademark to be used on some of the designated commodities does not meet the requirements， it shall be rejected， and the applicant shall be informed with an explanation of the reasons.

　　Where the Trademark Office grants initial approval to an application for the registration of a trademark to be used on some of the designated marks， the applicant may， prior to the expiration of the demurral period， request for giving up the application. Where the applicant gives up his application for registering a trademark to be used on some of the designated commodities， the Trademark Office shall cancel the original initial approval and terminate the examination procedures and make a new announcement.

　　Article 22 If demurral is raised against a trademark to which the Trademark Office has granted initial approval by public announcement， the demurrer shall submit a letter of demurral in duplicate to the Trademark Office. The letter of demurral shall clearly specify the issue number of the Trademark Announcements on which the demurred mark is published and the number of initial approval. The letter of demurral shall include specific claims， be supported by facts and be accompani

ed by relevant evidential materials.

　　The Trademark Office shall send a reproduction of the letter of demurral in good time to the demurred party， demanding him to give a reply within 30 days after receiving the reproduction of the letter of demurral. In case the demurred party fails to make a reply， the Trademark Office shall not be affected in making a ruling concerning the demurral.

　　Where any of the parties concerned needs to supplement relevant evidential materials after filing the request for demurral or after making a reply， he shall make a statement in the request or reply， and submit them within 3 months after filing the request or making the reply. Failure to submit at the expiration of the prescribed time period shall be deemed that the party concerned has quitted the supplementation of relevant evidential materials.

　　Article 23 The term “justification of demurral” as mentioned in Article 34 （b） of the Trademark Law shall include the justification on some of the designated commodities. Where the demurral is justified on some of the designated commodities， the application for registering a trademark to be used on some of the designated commodities shall not be approved.

　　Where public announcement has already been made for the registration of the demurred mark before the ruling of demurral takes effect， the original registration announcement shall be canceled， and a new announcement shall be made for the mark approved for registration by the ruling of demurral.

　　The mark which is approved for registration by the ruling of demurral shall not have retrospective force against other persons‘ use of the same or similar mark on identical or similar products after the period of trademark demurral expires but before the ruling of demurral takes effect. However， if any loss has been caused by the vicious use of the user to the trademark registrant， such loss shall be compensated.

　　The time period for requesting appraisal of a trademark which is approved for registration by the ruling of demurral shall commence on the day when the ruling of demurral is announced.

　　Chapter IV Alteration， Transfer and Renew of Registered Trademarks

　　Article 24 To alter the name， address or other registration matters of a trademark registrant， the applicant shall file an application for alteration to the Trademark Office. The Trademark Office shall， upon approving the application， issue a corresponding certificate to the trademark registrant and make a public announcement. In approval is not to be granted， it shall inform the applicant in written form.

　　To alter the name of a trademark registrant， the applicant shall also submit relevant certification documents of alteration as issued by the business registration authority. If he fails to submit the certification documents， he may make it up within 30 days after filing the application. If he fails to submit when the prescribed time period expires， it shall be deemed that he has quitted the application， and the Trademark Office shall inform the applicant in written form.

　　To alter the name or address of a trademark registrant， the registrant shall alter all of his registered trademarks. Failing to alter all his registered trademarks， it shall be deemed that he has quitted the application， and the Trademark Office shall inform the applicant in written form.

　　Article 25 To transfer a registered trademark， the transferrer and the transferee shall file an application to the Trademark Office for the transfer of the registered mark. The application procedures for the transfer shall be gone through by the transferee. The Trademark Offi

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