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

ce shall， after granting approval to the transfer of registered trademark， issue corresponding certificates to the transferee and make a public announcement.

　　To transfer a registered trademark， the registrant shall transfer all his identical or similar marks that are

used on identical or similar commodities. If he fails to transfer all his marks， the Trademark Office shall inform him to mend up within a prescribed time period. If he fails to mend up during the time period， it shall be deemed that he has quitted the application for transferring the mark， and the Trademark Office shall inform the applicant in written form.

　　If the transfer of registered trademark may be misleading， confusing or causing other unfavorable effects， the application for such transfer shall not be approved by the Trademark Office and shall inform the applicant in written form together with an explanation of the reasons.

　　Article 26 If the exclusive right to use a registered trademark is transferred due to any matter other than trademark transfer， the party concerned that accepts the exclusive right to use the registered trademark shall handle the procedures of transferring the exclusive right by presenting relevant certification documents or legal documents at the Trademark Office.

　　If the exclusive right to use a registered trademark is transferred， the identical or similar trademarks that the right holder registers on the identical or similar commodities shall be transferred at the same time. If he fails to transfer at the same time， the Trademark Office shall order him to mend up. If he fails to mend up during the prescribed time period， it shall be deemed that he has quitted the application for transferring the registered trademark， and the Trademark Office shall inform the applicant in writing.

　　Article 27 Where the registration of a registered mark needs to be renewed， an application shall be filed to the Trademark Office for renewal. The Trademark Office shall， upon approving the application for renewing the registration， issue a certificate and make a public announcement.

　　The valid period of time of the renewed registered trademark shall be calculated from the day when the preceding period of the mark expires.

　　Chapter V Trademark Appraisal

　　Article 28 The Trademark Appraisal Committee accepts applications for trademark appraisal filed according to the provisions of Articles 32， 33， 41 and 49. The Trademark Appraisal Committee makes appraisals lawfully and on the basis of facts.

　　Article 29 The phrase “having different opinions about a registered trademark” as mentioned in Article 41， Paragraph 3 of the Trademark Law refers to that the prior trademark registrant believes that the trademark of a latter applicant is identical or similar to his trademark used on identical or similar commodities.

　　Article 30 To apply for trademark appraisal， the applicant shall file an application to the Trademark Appraisal Committee and submit as many reproductions as the number of parties concerned. If an application for reconsideration is filed on the basis of the decision or ruling of the Trademark Office， a reproduction of the decision or ruling of the Trademark Office shall be attached at the same time.

　　After receiving the application， the Trademark Appraisal Committee shall accept it if it is found to be eligible upon examination. If it is found to be not eligible for acceptance， the Trademark Appraisal Committee shall not accept it， but shall inform the applicant in writing together with an explanation of the reasons. If the application needs to be mended up， the applicant shall be informed to mend up within 30 days after receiving the notice. If the application is still not eligible after being mended up， the Trademark Appraisal Committee shall reject it and inform the applicant in writing together with an explanation of the reasons. If the applicant fails to mend up during the prescribed time period， it shall be deemed that he has withdrawn the application， and the Trademark Appraisal Committee shall inform the applicant in writing.

　　If the Trademark Appraisal Committee finds the application for trademark appraisal do

es not meet the requirements for acceptance after it is accepted， it shall reject it and inform the applicant in writing.

　　Article 31 After accepting the application for trademark appraisal， the Trademark Appraisal Committee shall send a reproduction of the application to the opposite party in good time， and demanding him to make a reply within 30 days after receiving the reproduction. If he fails to make a reply within the prescribed time period， the appraisal of the Trademark Appraisal Committee shall not be affected.

　　Article 32 Where any party concerned needs to supplement relevant evidential materials after filing the application for appraisal or making a reply， he shall make a statement in the application or reply， and shall submit them within 3 months after filing the application or making a reply. If he fails to submit within the prescribed period， it shall be deemed that he has quitted the supplementation of relevant evidential materials.

　　Article 33 The Trademark Appraisal Committee may， according to the request of the parties concerned or the actual need， decide whether to appraise the application in public.

　　Where the Trademark Appraisal Committee decides to appraise the application in public， it shall inform the parties concerned in writing， 15 days prior to the public appraisal， of the date， venue and appraisers. The parties concerned shall make a reply within the time period as prescribed in the notice.

　　If the applicant neither makes a reply nor attends the public appraisal， it shall be deemed that he has withdrawn his application， and the Trademark Appraisal Committee shall inform the parties concerned in writing. If the party against whom the application is filed neither makes a reply nor attends the public appraisal， the Trademark Appraisal Committee may make a default appraisal.

　　Article 34 If the applicant requests to withdraw his application before the Trademark Appraisal Committee makes a decision or ruling， he may withdraw it after making a written explanation to the Trademark Appraisal Committee. The appraisal procedures shall be terminated when the application is withdrawn.

　　Article 35 Where any applicant withdraws his application for trademark appraisal， he may not file any further applications on the same facts and reasons. If the Trademark Appraisal Committee has made a decision or ruling about the application， no one may file further applications on the same facts and reasons.

　　Article 36 In case a registered trademark is canceled according to the provisions of Article 41 of the Trademark Law， the exclusive right to use the trademark shall be deemed as not existing from the very beginning. The decisions or rulings about canceling a registered trademark shall not have retrospective force against the decisions made and enforced by the administrative department of industry and commerce concerning trademark infringement cases or contracts for the transfer of trademark or licensed use of trademark which has already been performed. However， if any loss has been caused by the trademark registrant to any other party， such loss shall be compensated.

　　Chapter VI Administration of the Use of Trademarks

　　Article 37 For the use of a registered trademark， it may be marked with the words “registered trademark” or a mark of registration on the commodities， commodity packages， specifications or other adhesive substances.

　　Marks of registration include the encircled Chinese character “zhu” （注） or encircled letter “R” （？）。 The mark of registration shall be used at the upper right or lower right corner of the trademark used.

　　Article 38 In case the certificate of trademark registration is missing damaged， the registrant shall apply to the Trademark Office for reissuance. If the certificate of trademark registration is missing， a lost property notice shall be published in the Trademark Announcements. The damaged

certificate of trademark registration shall be returned to the Trademark Office when the registrant files an application for reissuing a certificate.

　　Any one who forges or alters a certificate of trademark registration shall be subject to criminal liabilities according to the provisions of the Criminal Law concerning the crime of forging or altering certificates of state organs or other crimes.

　　Article 39 Any trademark registrant who does any of the acts as mentioned in Items 1， 2 or 3 of Article 44 of the Trademark Law shall be ordered by the administrative department of industry and commerce to mend up within a prescribed time period. If he refuses to mend up， the administrative department of industry and commerce shall report to the Trademark Office for canceling the registered trademark thereof.

　　Where any of the acts as mentioned in Item 4 of Article 44 of the Trademark Law， any one may request the Trademark Office to cancel the registered trademark and narrate the relevant facts. The Trademark Office shall inform the trademark registrant and order him to submit， within 2 months after receiving the notice， evidential materials for using the trademark before withdrawing his application or to state the justifications for not using it. If he fails to submit evidential materials for using it or if the evidential materials are invalid and he has not justified reasons， the registered trademark shall be canceled by the Trademark Office.

　　The term “evidential materials” as mentioned in the preceding paragraph shall

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