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

substantive value.

　　Article 13 Where the trademark of an identical or similar kind of goods 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 regist

ered well-known trademark are likely to be impaired, no application for its registration may be granted and its use shall be prohibited.

　　Article 14 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.

　　Article 15 Where an agent or representative, without authorization 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.

　　Article 16 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 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.

　　Article 17 Where a foreigner or foreign enterprise applies for trademark registration in China, the matter shall be handled in accordance with any agreement concluded between the country to which the applicant belongs and the People's Republic of China, or any international treaty to which both countries the parties, or on the basis of the principle of reciprocity.

　　Article 18 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.

　　Chapter II

　　Application for Trademark Registration

　　Article 19 An applicant for trademark registration shall fill in the specified form of classification of goods as to the class and trade name designation of the goods on which the trademark is to be used.

　　Article 20 If an application 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 from of classification of goods.

　　Article 21 If a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed.

　　Article 22 If a change needs to be made in the signs of a registered trademark, an application shall be filed anew.

　　Article 23 If a change needs to be made in the name or address of the owner of a registered trademark or in any other registered matter, an application for the change shall be filed.

　　Article 24 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 su

bmit a copy of the original application before the expiration of the time limit shall be regarded as not claiming priority.

　　Article 25 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.

　　Article 26 Matters stated in the application for trademark registration and all information provided shall be truthful, accurate and complete.

　　Chapter III

　　Examination and Approval of Trademark Registration

　　Article 27 Any trademark, for the registration of which an application is made, conforms to the relevant provisions of this Law shall undergo preliminary examination and approval by the Trademark Office, which shall announce it.

　　Article 28 Where a trademark, for the registration of which an application is made, that does not conform to the relevant provisions of this Law or that is identical with or similar to the trademark already registered by another person or is given preliminary examination and approval for use on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not announce that trademark.

　　Article 29 Where two or more applicants apply to register identical or similar trademarks for use on the same kind of goods or 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.

　　Article 30 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 obtained 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.

　　Article 31 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.

　　Article 32 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 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.

　　Article 33 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 verificatio

n. Where a party 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 review. The Board shall give a ruling and notify both the objector and the objected in writhing.

　　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 suit 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.

　　Article 34 Where a party does not apply to the Trademark Office for a review of the Office 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 t

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/