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

include the evidential materials for the trademark registrant's use of the registered trademark and the evidential materials for registrant's licensing other people to use it.

　　Article 40 In case a registered trademark is canceled according to the provisions of Articles 44 and 45 of the Trademark Law， a public announcement shall be made by the Trademark Office， and the exclusive right to use the registered trademark shall be terminated as of the day when the Trademark Office makes the decision of cancellation.

　　Article 41 If the reasons of the Trademark Office or Trademark Appraisal Committee for canceling a registered trademark concern only some of the designated commodities， the registered trademark that is used on this part of designated commodities shall be canceled.

　　Article 42 A fine to be imposed according to the provisions of Articles 45 and 48 of the Trademark Law shall be less than 20% of the unlawful turnover or less than 2 times the unlawful profits obtained.

　　A fine to be imposed according to the provisions of Article 47 of the Trademark Law shall be less than 10% of the unlawful turnover.

　　Article 43 In the case of licensing other people to use his registered trademark， the licensor shall submit， within 3 months after the contract for licensed use of trademark is concluded， a reproduction of the contract to the Trademark Office for archivist purposes.

　　Article 44 Any one who violates the provisions of Article 40， Paragraph 2 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 fails to mend up during the prescribed time period， the trademark signs thereof shall be confiscated. If the trademark signs are indispensable from the commodities， they shall be confiscated and destroyed together.

　　Article 45 In case any use of trademarks violates Article 13 of the Trademark Law， the relevant parties concerned may request the administrative department of industry and commerce to interdict the use. When making the request， the parties concerned shall submit evidential materials to prove that the trademark thereof constitutes a well-known one. If the Trademark Office affirms on the basis of Article 14 of the Trademark Law that the trademark constitutes a well-known one， the administrative department of industry and commerce s

hall order the infringer to stop his acts of using the well-known trademark which is against the provisions of Article 13 of the Trademark Law. The trademark signs thereof shall be confiscated and destroyed. If the trademark signs are indispensable from the commodities， they shall be confiscated and destroyed together.

　　Article 46 To apply for writing off a registered trademark or the registration of a trademark on some of the designated commodities， the trademark registrant shall file an application to the Trademark Office and return the original certificate of trademark registration.

　　Where the trademark registrant requests for writing off a registered trademark or writing off the registration of a trademark on some of the designated commodities， the exclusive right to use the registered trademark or to use on some of the designated commodities shall be terminated as of the day when the Trademark Office receives its request for writing off.

　　Article 47 In case the trademark registrant dies or is terminated and the registered trademark has not been transferred within 1 year after the death or termination， any one may request the Trademark Office for writing office the registered trademark. To apply for writing off the registered trademark， one shall submit evidences to prove that the relevant trademark registrant has died or been terminated.

　　Where a registered trademark is written off due to the death or termination of registrant， the exclusive right to use the registered trademark shall be terminated as of the day when the registrant dies or is terminated.

　　Article 48 Where a registered trademark is canceled or is written off according to the provisions of Articles 46 and 47 of the present Regulation， the original certificate of trademark registration shall be invalidated. If the registration of the trademark on some of the designated commodities is canceled or if the registrant requests for writing off his registration on some of the designated commodities， the Trademark Office shall make a remark on the original certificate of trademark registration and return it to the registrant or reissue a certificate of trademark registration and make a public announcement.

　　Chapter VII Protection of the Exclusive Right to Use Registered Trademarks

　　Article 49 The exclusive right holder of a registered trademark shall not be entitled to prohibit other people from using in normal ways the common name， logo， model which is implied in the registered trademark or the quality， main raw materials， functions， uses， weight， quantity or other features or the geographic name which is directly expressed by the registered trademark.

　　Article 50 Any of the following acts shall be an act of infringing upon the exclusive right to use a registered trademark as mentioned in Item 5 of the Article 52 of the Trademark Law：

　　a. Using on identical or similar commodities or using a sign which is identical or similar to the registered trademark of other people as the name of commodity or as the decoration of commodity so that the general public are misled；

　　b. Intentionally facilitating any other's act of infringing upon the exclusive right to use a registered trademark such as storage， transportation， postage， concealing， etc.

　　Article 51 With regard to any act of infringing upon the exclusive right to use a registered mark， any one may report or file a complaint to the administrative department of industry and commerce.

　　Article 52 For the acts of infringing upon the exclusive right to use a registered trademark， the infringer may be fined a sum of up to 3 times of the unlawful turnover. If the unlawful turnover cannot be calculated， the fine may be up to 100，000 yuan.

　　Article 53 Where the owner of a trademark believes that his well-known trademark is registered as the name of enterprise by any other person and the general public might be

cheated or be misled， he may apply to the administrative department in charge of the registration of enterprise names to cancel the registration of the enterprise name. The administrative department in charge of the registration of enterprise names shall deal with it according to the Provisions on the Registration of Enterprise Names.

　　Chapter VIII Supplementary Provisions

　　Article 54 If a service mark which had been used incessantly up to July 1， 1993 is identical or similar to the service mark that was registered for identical or similar services by any other person， it may continue to be used. However， if it had been ceased from use for up to 3 years after July 1， 1993， it may not continue to be used.

　　Article 55 The detailed measures for the administration of trademark agency shall be separately formulated by the State Council.

　　Article 56 The table of classification of commodities and services for the registration of trademarks shall be formulated and promulgated by the administrative department of industry and commerce under the State Council.

　　The documentary formats for the application for trademark registrations or handling other trademark matters shall be formulated and promulgated by the administrative department of industry and commerce under the State Council.

　　The rules for the appraisal of the Trademark Appraisal Committee shall be formulated and promulgated by the administrative department of industry and commerce under the State Council.

　　Article 57 A Directory of Trademark Registration shall be prepared by the Trademark Office to record registered marks and other registration-related matters.

　　The Trademark Office compiles and publishes the Trademark Announcements to publish trademark registrations and other relevant matters.

　　Article 58 Fees shall be paid for the applications for trademark registration or for handling other trademark matters. The items and rates for paying fees shall be formulated and promulgated by the administrative department of industry and commerce under the State Council in collaboration with the administrative department of price affairs under the State Council.

　　Article 59 The present Regulation shall take effect as of September 15， 2002. The Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China which was promulgated by the State Council on March 10， 1983 and amended upon the ratification of the State Council for the first time on January 3， 1988 and for the second time on July 15， 1993 as well as the Official Reply of the State Council on the Issue of Certificates to Be Attached for the Handling of Trademark Registrations which was published on April 23， 1995 shall be repealed concurrently

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