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

the registration is obtained in goodwill, it shall remain valid.

　　“The geographical indication mentioned in the preceding paragraph means the origin of the goods the special qualities, credibility or other characteristics of the goods and it is primarily determined by the natural factors or other humanistic factors of the place indicated.”

　　16．Article 10 is changed to be Article 18 which reads：“Where a foreigner or foreign enterprise intends to apply for the registration of a trademark or handle other trademark matters in China shall entrust an organization that is approved by the State and is qualified for serving as a trademark agent.”

　　17．Article 12 is changed to be Article 20 which reads：“If an applicant intends to use the same trademark on goods in different classes, he shall submit an application for each class on the basis of the specified form of classification of goods.”

　　18．Article 14 is changed to be Article 22 which reads：“If a change needs to be made in the signs of a registered trademark, an application shall be filed anew.”

　　19．An article is added as article 24 which reads：“Where an applicant, within six months from the date he applies for registration of his trademark for the fist time in a foreign country, again applies in China for registration of one and the same trademark for the same goods, he may, in accordance with any agreement concluded between the foreign country concerned and the People's Republic of China or any international treaty to which both countries are parties, or on the basis of the priority principle mutually accepted, enjoy priority.

　　“Where, in accordance with the preceding paragraph, an applicant claims priority, he shall so state in writing at the time when he files the application for trademark registration and shall, within three months, submit a copy of the original application he files for the first time. Failure on the part of the applicant to make the statement in writing or to submit a copy of the original application before the expiration of the time limit shall be regarded as not claiming priority.”

　　20．An a

rticle is added as Article 25 which reads：“The applicant for registration of a trademark that is used for the first time on goods displayed at an international exhibition organized or recognized by the Chinese Government may, within six months from the date the said goods are placed on exhibition, enjoy priority.

　　“Where, in accordance with the preceding paragraph, an applicant claims priority, he shall so state in writing at the time when he files the application for trademark registration and shall, within three months, submit the name of the exhibition, evidence supporting the use of the trademark on the goods displayed, documents proving the date the exhibition, etc. failure to make the statement in writing or to submit the documents before the expiration of the time limit shall be regarded as not claiming priority.”

　　21．An article is added Article 26：“Matters stated in the application for trademark registration and all information provided shall be truthful, accurate and complete.”

　　22．Article 18 is changed to be Article 29 which reads：“Where two or more applicants apply to register identical or similar trademarks for use on the same kind of goods of similar goods, the Trademark Office shall first conduct examination of, give approval to and announce the trademark whose registration is applied for earlier than the rest. Where the applications are filed on the same day, the Trademark Office shall first examine, give approval to and announce the trademark which is used earlier that the rest, and it shall reject the applications for registration of the other trademarks and shall not announce them.”

　　23．Article 19 is changed to be Article 30 which reads：“Any person may, within three months from the date a trademark is announced, raised an objection to the trademark that has undergone preliminary examination and objection approval. Where no objection is raised at the expiration of the time limit, the trademark shall be registered upon approval, a trademark registration certificate shall be issued, and the matter shall be announced.”

　　24．An article is added as Article 31 which reads：“No applicant for trademark application may infringe upon another person's existing prior rights, nor may he, by illegitimate means, rush to register a trademark that is already in use by another person and has certain influence.”

　　25．Article 21 is changed to be Article 32 and amended as follows：“Where an application for trademark registration is rejected and the trademark is not announced, the Trademark Office shall notify the applicant of the matter in writing. Where the applicant is dissatisfied, he may, within fifteen days from date the notification is received, apply to the Trademark Review and Adjudication Board for review, and the Board shall make a decision and notify the applicant of its decision in writing.

　　“Where the applicant is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may, within 30 days from the date the notification is received, bring a suit in a People's Court.”

　　26．Article 22 is changed to be Article 33 and amended as follows：“Where an objection is raised against a trademark that has undergone preliminary examination has been given approval and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objected and shall make a decision after investigation and verification. Where a party is dissatisfied with the decision, it may, within 15 days from the date the notification is received, apply to the Trademark Review and Adjudication Board for a received apply to the Trademark Review and Adjudication Board for a review. The Board shall give a ruling and notify both the objector and the objected in writing.

　　“Where a party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may, within 30 days from the date the notification is received, bring a s

uit in a People's Court. The People's Court shall notify the other party involved in the trademark review proceedings to participate in the proceedings as the third party.”

　　27．An article is added as Article 34 which reads：“Where a party does not apply to the Trademark Office for a review of the Office's decision or bring a suit in a People's Court against the ruling of the Trademark Review and Adjudication Board within the statutory limit, the decision and ruling shall go into effect.

　　“Where it is determined that the objection is not justified, the trademark shall be registered upon approval, a trademark registration certificate shall e issued, and the trademark shall be announced. Where it is determined that the objection is justified, no approval shall be granted for registration of he trademark.

　　“Where it is determined that the objection is not justified and approval is granted to registration of the trademark, the date on which the applicant for trademark registration obtains its exclusive right to the use o the trademark shall be counted from the day on which the three months following the preliminary examination and announcement of the trademark expire.”

　　28．An article is added as Article 35：“Applications for trademark registration and for review shall be examined without delay.”

　　29．An article is added as Article 36：“Where an applicant for trademark registration or a registrant discovers an obvious error in the trademark application or registration documents, he may apply for its correction. The Trademark Office shall, in accordance with law and within the limits of its functions and powers, make the correction and shall notify the party of the matter.

　　“The correction of errors mentioned in the preceding paragraph shall not involve substantive matters in the application or registration documents.”

　　30．Article 25 is changed to be Article 39 and amended as follows：“To assign a registered trademark, the assignor and assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

　　“After the assignment of a registered trademark is approved, it shall be announced. The assignee shall enjoy the exclusive right to the use of the trademark starting from the date the announcement is made.”

　　31．Article 27 is changed to be Article 41 and its first paragraph is amended as follows：“Where a trademark is registered in violation of the provisions of Article 10,11,or 12 of this Law, or it is registered by deceitful or other illegitimate means, the Trademark Office shall cancel the trademark. Any unit or individual may request that the Trademark Review and Adjudication Board make a ruling to cancel such a registered trademark.”A paragraph is added as the second paragraph which reads：“Where a trademark is registered in violation of the provisions of Article 13,15,16,or 31of this Law, the owner of the trademark or any interested party may, within five years from the date the trademark is registered, request that the Trademark Review and Adjudication Board make a ruling to cancel the trademark. Where the trademark is registered with ill will, the owner of the well-known trademark shall not be limited by the five-year period.”The former second paragraph is changed to be the third paragraph and amended as follows：“In addition to circumstances specified in the preceding two paragraphs, any person who intends to take issue on a registered trademark may, within five years from the date the trademark is registered upon approval, apply to the Trademark Review and Adjudi

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