全国人民代表大会常务委员会关于修改《中华人民共和国商标法》的决定 附：第二次修正本 Decision of the Standing Committee of the National Peoples

颁布日期：20011027 　实施日期：20011201 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.59

　　The Decision of the Standing Committee of the National People's Congress on Revision of the Trademark Law of the People's Republic of China, adopted at the 24th Meeting of the Standing Committee of the National People's Congress of the People's Republic of China on October 27,2001, is here promulgated and shall go into effect as of December 1,2001.

　　Jiang Zemin

　　President of the People's Republic of China

　　October 27,2001

　　（Adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27,2001）

　　At its 24th Meeting, the Standing Committee of the Ninth National People's Congress has decided to make the following revisions of the Trademark Law of the People's Republic of China：

　　1．Article 1 shall be revised as follows：“This Law is enacted for the purpose of improving the administration of trademarks, protecting the exclusive right to the use of a trademark, and encouraging producers and dealers to guarantee the quality of their goods and services and preserve the credibility of trademarks, so as to protect the interests of consumers, producers and dealers and promote the development of the socialist market economy.”

　　2．Article 20 shall be revised as the second paragraph of Article 2 which read：“The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board to be responsible for handing trademark disputes.”

　　3．Article 3 shall be revised as follows：“Registered trademarks rafter to trademarks that are registered with the approval of the Trademark Office, including trademarks for goods and services, collective trademarks and certification trademarks. The owner of a registered trademark shall enjoy the exclusive right to the use of the trademark, which shall be protected by law.

　　“For purposes of this Law, a collective trademark refers to one that is registered in the name of a group, association, or any other organization for use in business by its members to indicate membership.

　　“For purposes of this Law, a certification trademark refers to one that is controlled by an organization which is capable of exercising supervision over a particular kind of goods or services and that is used by a unit other than the organization or by an individual for its or his goods or services, and is designed to certify the indications of the place of origin, raw materials, mode of manufacture, quality, or other specified properties of the said goods or services.

　　“Particulars pertaining to the registration and administration of collective trademarks and certification trademarks shall be formulated by the administrative department for industry and commerce under the State Council.”

　　4．The first paragraph and second paragraph of Article 4 shall be revised as follows：“Any natural person, legal person, or other organization that needs to acquire the exclusive right to the use of a trademark for the goods or he produces, manufactures, processes, selects, or markets shall file an application for registration of the trademark of the goods with the Trademark Office.

　　“Any natural person, legal person, or other organization that needs to acquire the exclusive right to the use of a service trademark for the services it or he provides shall file an application for registration of the service trademark with the Trademark Office.”

　　5．An article is added as Article 5：“Two or more natural person, legal persons, or other organizations may jointly file an application with the Trademark Office for the registration of one and the same trademark and jointly enjoy and exercise the exclusive right to the use of the trademark.”

　　6．Article 6 shall be revised as Articl

e 7 which reads：“The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall, through the administration of trademarks, put an end to any practice that deceives consumers.”

　　7．Article 7 shall be revised as Article 8 which reads：“Any visible sign that can serve to distinguish the goods of a natural person, legal person, or other organization from those of another, including any work, design, letter of the alphabet, numeral, three-dimensional symbol and color combination, or any combination of the above, may be made a trademark for application for registration.”

　　8．An article is added as Article 9：“A trademark submitted for registration shall bear noticeable characteristics and be readily distinguishable, and it may not conflict with the legitimate rights obtained by others earlier.

　　“A trademark registrant shall have the right to indicate the wording' Registered Trademark' or the sign showing that the trademark is registered.”

　　9．Article 8 is revised as Article 10 which reads：“None of the following signs may be used as trademarks：

　　“（1）those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China; those identical with the names of the specific locations that are seats of central state organs; or those identical with the names or designs of landmark buildings;

　　“（2）those identical with or similar to the state names, national flags, national emblems or military flags of foreign countries, with the exception of those the use of which is permitted by the government of the country concerned;

　　“（3）those identical with or similar to the names, flags or emblems of international inter-governmental organization, with the exception of those the use of which is permitted by the organization or is not liable to mislead the public;

　　“（4）those identical with or similar to an official mark or inspection stamp that indicates control and guarantee, except where authorized;

　　“（5）those identical with or similar to the symbol or name of the Red Cross or the Red Crescent;

　　“（6）those having the nature of discrimination against any nationality;

　　“（7）those constituting exaggerated and deceitful advertising; and

　　“（8）those detrimental to socialist ethics or customs, or having other unwholesome influences.

　　“No geographical names of administrative divisions at or above the county level or foreign geographical known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark. Registered trademarks in which geographical names are sued shall remain valid.”

　　10．An additional article shall be formulated as Article 11：“None of the following marks may be registered as trademarks：

　　“（1）where the mark bears only the generic name, design, or model number of the goods concerned;

　　“（2）where it just directly indicates the quality, principal raw materials, function, use, weight, quantity or other features of the goods; and

　　“（3）where distinctive characteristics are lacking.

　　“Any mark mentioned in the preceding paragraph may be registered as a trademark if it has acquired distinctive features through use and is readily distinguishable.”

　　11．An article is added as Article 12 which reads：“No application for registration of a three-dimensional sign as a trademark may be granted, where the sign merely indicates the shape inherent in the nature of the goods concerned, or it is only dictated by the need to achieve technical effects or the need to give the goods substantive value.”

　　12．An article is added as Article 13 which reads：“Where the trademark of an identical or similar kind of good

s is a reproduction, imitation, or translation of another person's well-known trademark not registered in China and is liable to cause public confusion, no application for its registration may be granted and its use shall be prohibited.

　　“Where the trademark of a different or dissimilar kind of goods is a reproduction, imitation, or translation of another person's well-known trademark not registered in China and it misleads the public so that the interests of the owner of the registered will-known trademark are likely to be impaired, no application for its registration may be granted and its use shall be prohibited.”

　　13．An article is added as Article 14 which reads：“The following factors shall be considered in determining whether or not a trademark is a well-known one：

　　“（1）the degree of public recognition in its trading areas;

　　“（2）the duration in which it has been in use;

　　“（3）the duration and extent of its advertising, and the geographical areas the advertising has covered;

　　“（4）the records of protection it has gained as well-known trademark; and

　　“（5）other factors serving to make it well known.”

　　14．An article is added as Article 15 which reads：“Where an agent or representative, without authorization of the client, seeks to register in its own name the client's trademark of the client, seeks to register in its own name the client's trademark and the client objects, the trademark shall not be registered and its use shall be prohibited.”

　　15．An article is added as Article 16 which reads：“Where a trademark bears a geographical indication of the goods when the place indicated is not the origin of the goods in question, thus misleading the public, the trademark shall not be registered and its use shall be prohibited. However, where

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