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

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　　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.

　　Article 35 Applications for trademark registration and for review shall be examined without delay.

　　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.

　　Chapter IV

　　Renewal, Assignment and Licensing of Registered Trademarks

　　Article 37 The period of validity of a registered trademark shall be 10 years, counted from the day the registration is approved.

　　Article 38 If an owner needs to continue to use his registered trademark after the period of validity expires, an application for renewal of registration shall be made within six months before the expiration. If the owner fails to do so within that period of time, an extension period of six months may be granted. If no application is filed before the extension period expires, the registered trademark shall be cancelled.

　　The period of validity for each renewal of registration shall be 10 years.

　　After renewal of registration is approved, it shall be announced.

　　Article 39 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.

　　Article 40 The owner of a registered trademark may, by concluding a trademark licensing contract, authorize another person to use his registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods on which the registered trademark is to be used.

　　If any person is authorized to use the regi

stered trademark of another person, the name of the licensee and origin of the goods shall be indicated on the goods that bear registered trademark.

　　The trademark licensing contract shall be submitted to the Trademark Office for the record.

　　Chapter V

　　Determination of Disputes Concerning Registered Trademarks

　　Article 41 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 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.

　　Where a trademark is registered in owner in violation of the provisions of Article 13,15,16, of 31 of 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 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.

　　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 Adjudication Board for a ruling.

　　After receiving the application for a ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and ask them to put forward their arguments within a specified time limit.

　　Article 42 With regard to a trademark against which objections are raised and on which a ruling is made prior to its registration with approval, the same facts and reasons may not be used in another application for a ruling.

　　Article 43 After the Trademark Review and Adjudication Board has made a ruling either to maintain or to revoke a registered trademark, it shall notify the party concerned of the ruling in writing.

　　Where the party is dissatisfied with the ruling 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. The People's Court shall notify the other party involved in the trademark adjudication proceedings to take part in the legal proceedings as the third party.

　　Chapter VI

　　Administrative Control of the Use of Trademarks

　　Article 44 Where a trademark user commits any of the following acts, the Trademark Office shall order it to rectify the situation within a time limit or revoke the registered trademark：

　　（1）altering the registered trademark by himself;

　　（2）altering the name, address, or other particulars in the registration by himself;

　　（3）assigning the trademark by himself; or

　　（4）ceasing the use of the registered trademark for three consecutive years.

　　Article 45 If registered trademarks are used on coarsely manufactured goods that are passed off as quality goods, thus deceiving consumers, the administrative departments for industry and commerce at various levels shall, on the merits of each case, order rectification of the situation within a time limit and may, in addition, circulate a notice on the matter or impose a fine, or the Trademark Office may revoke the registered trademarks.

　　Article 46 If a registered trademark is revoked or is not renewed at the expiration of its period of validity, the Trademark Office shall not approve any application for the registration of a trademark identical with or similar to the said trademark within one year from the date it is revoked or cancelled.

　　Article 47 In the event of a violation of the provisions of Article 5 of this Law, the local administrative department for industry and commerce shall order the violator to file

an application for registration within a time limit and may, in addition, impose a fine.

　　Article 48 Where a person commits any of the following acts by using an unregistered trademark, the local administrative department for industry and commerce shall stop him from using the trademark, order him to make rectification within a time limit and may, in addition, circulate a notice on the matter or impose a fine：

　　（1）passing off the trademark as a registered one;

　　（2）violating the provision of Article 8 of this Law; or

　　（3）using the trademark on coarsely manufactured goods that are passed off as quality goods, thus deceiving consumers.

　　Article 49 Where a party is dissatisfied with the decision made by the Trademark Office to revoke his registered trademark, he may, within 15 days from the date the notification is received, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

　　Where the party is dissatisfied with the decision 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.

　　Article 50 Where the party is dissatisfied with the decision made by the administrative department for industry and commerce to impose a fine under Article 45,47,or 48 of this Law, he may, within 15 days from the date the notification is received, bring a suit in a People's Court. If the party neither brings a suit at the expiration of the time limit nor complies with the decision, the administrative department for industry and commerce concerned shall request the People's Court to enforce the decision.

　　Chapter VII

　　Protection of the Exclusive Right to the Use of a Registered Trademark

　　Article 51 The exclusive right to the use of a registered trademark shall be limited to trademarks which are registered upon approval and to goods the use of a trademark on which is approved.

　　Article 52 Any of the following acts shall constitute an infringement on the exclusive rights to the use of a registered trademark：

　　（1）Using a trademark that is identical with or similar to the registered trademark on the same or similar goods without permission of the owner of the registered trademark;

　　（2）selling goods that infringe on the exclusive right to the use of a registered trademark;

　　（3）counterfeiting, or making without authorization, representations of another person's registered trademark, or selling such representations;

　　（4）altering a registered trademark without permission of its owner and selling goods bearing such an altered trademark on the marker; and

　　（5）impairing in other manners another person's exclusive right to the use of its registered trademark.

　　Article 53 When a dispute arises as a result of any of the acts infringing upon another person's exclusive right to the use of a registered trade

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