(Adopted at the
24th Session of the Standing Committee of the Fifth National
People's Congress on 23 August 1982; revised for the first time
according to the Decision on the Amendment of the Trademark Law
of the People's Republic of China adopted at the 30th Session of
the Standing Committee of the Seventh National People's
Congress, on 22 February 1993; and revised for the second time
according to the Decision on the Amendment of the Trademark Law
of the People's Republic of China adopted at the 24th Session of
the Standing Committee of the Ninth National People's Congress
on 27 October 2001)
Chapter I.
General Provisions
Article 1. This
Law is enacted for the purposes of improving the administration
of trademarks, protecting the exclusive right to use trademarks,
and of encouraging producers and operators to guarantee the
quality of their goods and services and maintain the reputation
of their trademarks, with a view to protecting the interests of
consumers, producers and traders and to promoting the
development of socialist market economy.
Article 2. The Trademark Office of the
administrative authority for industry and commerce under the
State Council shall be responsible for the registration and
administration of trademarks throughout the country.
The administrative authority for industry and commerce under the
State Council shall establish a Trademark Review and
Adjudication Board which shall be responsible for handling
matters of trademark disputes.
Article 3. A registered trademark, include a
trademark for goods, a service mark, a collective mark and a
certification mark, refers to a trademarks that have been
approved and registered by the Trademark Office. The trademark
registrants shall enjoy the exclusive right to use the marks,
which shall be protected by law.
In this law, a
collective mark refers to a mark which is registered in the name
of a group, an association or any other organization and to be
used by its members in their commercial activities to indicate
their membership.
In this law, a
certification mark refers to a mark which is controlled by an
organization capable of supervision a particular type of goods
or service which is used in respect of goods or services by
other organizations or individuals who do not belong to the said
organization, with a view to certifying the origin, raw
material, mode of manufacture of goods or performance of
services, quality or other characteristics of the goods or
services.
Rules for the
particular matters of registration and administration of
collective and certification marks shall be promulgated by the
administrative authority for industry and commerce under the
State Council.
Article 4. Any natural person, legal person or
other organization, intending to acquire the exclusive right to
use a trademark for the goods produced, manufactured, processed,
selected or marketed by him or it, shall file an application for
the registration of the trademark with the Trademark Office.
Any natural person, legal person or other organization,
intending to acquire the exclusive right to use a service mark
for the service provided by him or it, shall file an application
for the registration of the service mark with the Trademark
Office.
Provisions made in this law concerning trademarks shall apply to
service marks.
Article 5. Two or more natural persons, legal
entities or other organizations may jointly file an application
for the registration for the same trademark with the Trademark
Office, and jointly enjoy and exercise the exclusive right to
use the trademark.
Article 6. As for any of such goods, as
prescribed by the State, that must bear a registered trademark,
a trademark registration must be applied for. Where no trademark
registration has been granted, such goods cannot be marketed.
Article 7. The user of a trademark shall be
responsible for the quality of the goods in respect of which the
trademark is used. The administrative authorities for industry
and commerce at different levels shall, through the
administration of trademarks, stop any practice that deceives
consumers.
Article 8. Any visual sign capable of
distinguishing the goods or service of one natural person, legal
person or any other organization from those of others, including
words, devices, letters of numerals, three-dimensional symbols,
combinations of colors or any combination of the above elements
may be applied for the registration of a trademark.
Article 9. Where a trademark is applied for
registration, it shall be so distinctive as to be
distinguishable and it shall not conflict with any other legal
rights acquired earlier by others.
The registrant of a trademark has the right to use the words of
"registered trademark" or other registration sign to
indicate that his or its trademark is registered.
Article 10. The following words or devices
shall not 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; and those identical with the names
of particular venues where the Central State government
organizations are located, or with the names or graphs of the
symbolic buildings or the Central State government
organizations;
(2) those identical with or similar to the State names, national
flags, national emblems or military flags of foreign countries,
except that consent has been given by the relevant country’s
government;
(3) those identical with or similar to the names, flags or
emblems or names, of international intergovernmental
organizations, except that the organizations agree otherwise on
the use or that it is not easy for the use to mislead the
public;
(4) those identical with or similar to official signs and
hallmarks indicating control and warranty, except that the use
thereof is otherwise authorized;
(5) those identical with or similar to the names or symbols of
the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any
nationality;
(7) those having the nature of exaggeration and fraud in
advertising goods or services;
(8) those detrimental to socialist morals or customs, or having
other unhealthy influences.
The geographical names as the administrative divisions at or
above the county level and the foreign geographical names
well-known to the public shall not be used as trademarks, but
such geographical names as have otherwise meanings or as an
element of a collective mark or a certification mark shall be
exclusive. Where a trademark using any of the above-mentioned
geographical names has been approved and registered, it shall
continue to be valid.
Article 11. The following signs shall not be
registered as a trademark:
(1) those which consist exclusively of generic names, designs or
models of the goods in respect of which the trademark is used;
(2) those which consist exclusively of signs or indications that
have direct reference to the quality, main raw materials,
function, intended purpose, weight, quantity or other
characteristics of goods or services;
(3) those which are devoid of any distinctive character.
Where trademarks under the preceding paragraphs have acquired
distinctiveness through use and become easily distinguishable,
they may be registered as trademarks.
Article 12. Where a three-dimensional sign is
applied for the registration of a trademark, it shall not be
registered if it consists exclusively of the shape which results
from the nature of the goods themselves, the shape of goods
which is necessary to obtain a technical result, or the shape
which gives substantial value to the goods.
Article 13. A trademark that is applied for
registration in identical or similar goods shall not be
registered and its use shall be prohibited, if it is a
reproduction, an imitation or a translation, of another
party’s well-known mark that is not registered in China and it
is liable to create confusion.
A trademark that is applied for registration in non-identical or
dissimilar goods shall not be registered and its use shall be
prohibited, if it is a reproduction, an imitation or a
translation, of a well-known mark which is registered in China,
misleads the public, and the interests of the registrant of the
well-known mark are likely to be damaged by such use.
Article 14. In determining whether a mark is
well-known or not, the following factors shall be considered:
(1) the degree of knowledge of the relative public;
(2) the duration of use;
(3) the duration of time, degree and geographical range of any
publicity of the mark;
(4) any record of the mark being protected as a well-known mark;
(5) other factors which makes the mark well-known.
Article 15. Where the agent or representative
of a person who is the owner of a mark applies, without such
owner’s authorization, for the registration of the mark in his
own name, if the owner opposes the registration applied for, the
application shall be refused and the use of the mark shall be
prohibited.
Article 16. Where a trademark contains or consists of a
geographic indication which respect to goods not originating in
the place indicated, misleading the public as to the true place
of origin, the application for registration shall be refused and
the use of the mark shall be prohibited. But for those marks
that have obtained registration in good faith shall continue to
be valid.
Geographical indications mentioned in the preceding paragraph
are indications that identify a particular good as origination
in a region, where a given quality, reputation or other
characteristic of the goods is essentially attributable to its
natural or human factors.
Article 17. Any foreigner or foreign enterprise
intending to apply for the registration of a trademark in China
shall file an application in accordance with any agreement
concluded between the People's Republic of China and the country
to which the applicant belongs, or according to the
international treaty to which both countries are parties, or on
the basis of the principles of reciprocity.
Article 18. Any foreigner or foreign enterprise
intending to apply for the registration of a trademark or for
any other matters concerning a trademark in China shall entrust
any of such organizations as recognized to be qualified for
trademark agency by the State to act as his or its agent.
Chapter II.
Application for Trademark Registration
Article 19.
An applicant for the registration of a trademark shall,
in a form, indicate, in accordance with the prescribed
classification of goods, the class of the goods and the
designation of the goods in respect of which the trademark is to
be used.
Article 20. Where any applicant for
registration of a trademark intends to apply the same trademark
for goods in different classes, an application for registration
shall be filed in respect of each class of the prescribed
classification of goods.
Article 21. Where a registered trademark is to
be used in respect of other goods of the same class, a new
application for registration shall be filed.
Article 22. Where the sign of a registered
trademark is to be altered, a new registration shall be applied
for.
Article 23. Where, after the registration of a
trademark, the name, address or other registered matters
concerning the registrant change, an application regarding the
change shall be filed.
Article 24. Any applicant for the registration
of a mark in China who has previously duly filed an application
to register the same mark in connection with the same goods in a
foreign country may enjoy the right of priority in accordance
with any agreement concluded between the PRC and the foreign
country concerned, or with the international treaty to which
both countries are parties, or on the basis of the principle of
reciprocity, provided that the application in China is filed
within six months from the date on which the application was
first filed in the foreign country.
Anyone claiming the right of priority according to the preceding
paragraph shall so state in writing at the time of filing the
application and shall submit, within three months, a copy of the
original in writing when it or he files the application for the
trademark registration, and submit, within three months, a copy
of the application documents it or he first filed for the
registration of the trademark; where the applicant fails to make
the claim in writing or submit the copy of the application
documents within the time limit, the claim shall be deemed not
to have been made for the right of priority.
Article 25. Where an application uses a
trademark for the first time on goods displayed at an
international exhibition sponsored or recognized by the Chinese
government, he or it may claim the right of priority, provided
he or it files an application for the registration of the mark
within six moths from the date of the exhibition.
Anyone claiming the right of priority in accordance with the
provision in the preceding paragraph shall so state in writing
at the time of filing the application, and shall submit, within
three months, the name of the exhibition, evidence certifying
the use of the mark on the goods displayed, and documents
validation the date of the exhibition. An applicant who fails to
claim in writing or to submit the documents required within the
specified period shall be deemed as not having claimed the right
of priority.
Article 26. Matters declared and documents
provided for the purpose of the application for the registration
of a trademark shall be true, accurate and complete.
Chapter
III. Examination for and Approval of Trademark Registration
Article 27.
Where a trademark the registration of which has been
applied for is in conformity with the relevant provisions of
this Law, the Trademark Office shall, after examination,
preliminarily approve the trademark and publish it.
Article 28. Where a trademark the registration
of which has been applied for is not in conformity with the
relevant provisions of this Law, or it is identical with or
similar to the trademark of another party that has, in respect
of the same or similar goods, been registered or, after
examination, preliminarily approved, the Trademark Office shall
refuse the application and shall not publish the said trademark.
Article 29. Where two or more applicants apply
for the registration of identical or similar trademarks for the
same or similar goods, the preliminary approval, after
examination, and the publication shall be made for the trademark
which was first filed. Where applications are filed on the same
day, the preliminary approval, after examination, and the
publication shall be made for the trademark which was the
earliest used, and the applications of the others shall be
refused and their trademarks shall not be published.
Article 30. Any person may, within three months
from the date of the publication, file an opposition against the
trademark that has, after examination, been preliminarily
approved. If no opposition has been filed at the expiration of
the expiration of the specified period, the registration shall
be approved, a certificate of trademark registration shall be
issued and the trademark shall be published.
Article 31. No trademark application shall
infringe upon another party’s existing prior rights. Nor shall
an applicant register in an unfair means a mark that is already
in use by another party and has certain influence.
Article 32. Where the application for
registration of a trademark is refused and no publication of the
trademark is made, the Trademark Office shall notify the
applicant of the same in writing. Where the applicant is
dissatisfied, he or it may, within fifteen days from receipt of
the notification, apply for a review to the Trademark Review and
Adjudication Board, which shall make a decision and notify the
applicant of the same in writing.
Where any party concerned is dissatisfied with the decision of
the Trademark Review and Adjudication Board, he or it may within
30 days from receipt of the corresponding notice, institute
legal proceedings with the people’s court.
Article 33. Where an opposition is filed
against the trademark that has, after examination, been
preliminarily approved and published, the Trademark Office shall
hear both the opponent and the opposed state facts and grounds,
and shall, after investigation and verification, make a ruling.
Where any party is dissatisfied, he or it may, within fifteen
days from receipt of the notification, apply for a review to the
Trademark Review and Adjudication Board, which shall make a
ruling and notify both the opponent and the opposed in writing.
Where any interested party is dissatisfied with the ruling of
the Trademark Review and Adjudication Board, he or it may,
within 30 days from the receipt of the notice, institute legal
proceedings with the people’s court. The People's Court shall
notify the other party in the trademark review proceedings to be
a third party to the litigation.
Article 34. Where the interested party does
not, within the statutory time limit, apply for the
reexamination of the adjudication by the Trademark Office or
does not institute legal proceedings in respect of the
adjudication by the Trademark Review and Adjudication Board, the
adjudication takes effect.
If it is decided that the opposition is not justified, the
registration shall be approved, a certificate of trademark
registration shall be issued and the trademark shall be
published. If it is decided that the opposition is justified, no
registration shall be approved.
Where it is decided that the opposition is not justified and the
mark shall be registered, the date on which the applicant
acquires the mark’s exclusive right of use shall be counted
from the day three months after it’s preliminary publication.
Article 35. Application for trademark
registration and trademark registration review shall be examined
without delay.
Article 36. Where a trademark applicant or
trademark registrant finds an obvious error in the documents of
application or registration, he or it may apply to have it
corrected. The Trademark Office shall ex officio make
corrections in accordance with law and notify the party
concerned.
The correction of errors provided 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 ten years, counted from the date of approval of the
registration.
Article 38. Where the registrant intends to
continue to use the registered trademark beyond the expiration
of the period of validity, an application for renewal of the
registration shall be made within six months before the said
expiration. Where no application therefore has been filed within
the said period, a grace period of six months may be allowed. If
no application has been filed at the expiration of the grace
period, the registered trademark shall be cancelled.
The period of validity of each renewal of registration shall be
ten years.
Any renewal of registration shall be published after it has been
approved.
Article 39. Where a registered trademark is
assigned, the assignor and assignee shall sign an agreement for
the assignment and jointly file an application with the
Trademark Office. The assignee shall guarantee the quality of
the goods in respect of which the registered trademark is used.
The assignment of a registered trademark shall be published
after it has been approved. The assignee shall enjoy the
exclusive right to use the mark from the date of publication.
Article 40. Any trademark registrant may, by
signing a trademark license contract, authorize other persons to
use his or its registered trademark. The licensor shall
supervise the quality of the goods in respect of which the
licensee uses his registered trademark, and the licensee shall
guarantee the quality of the goods in respect of which the
registered trademark is used.
Where any party is authorized to use a registered trademark of
another party, the name of the licensee and the origin of the
goods must be indicated on the goods that bear the registered
trademark.
The trademark license contract shall be submitted to the
Trademark Office for record.
Chapter V.
Adjudication of Disputes Concerning Registered Trademarks
Article 41.
Where a registered trademark stands in violation of the
provisions of Articles 10, 11 and 12 of this Law, or the
registration of a trademark was acquired by fraud or any other
unfair means, the Trademark Office shall cancel the registered
trademark in question; and any other organization or individual
may request the Trademark Review and Adjudication Board to make
an adjudication to cancel such a registered trademark.
Where a registered trademark stands in violation of the
provisions of Articles 13, 15, 16 and 31 of this Law, the owner
of the mark or any interested party may, within five years from
the date of registration, request the Trademark Review and
Adjudication Board to make an adjudication to cancel such a
registered trademark.
Where a registration was obtained in bad faith, the owner of a
well-known trademark shall not be bound by the five-year
limitation.
In addition to those cases as provided in the preceding two
paragraphs, a prior registrant disputing a registered trademark
may, within five years from the date of approval of the
trademark registration, apply to the Trademark Review and
Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after receipt
of the application for adjudication, notify the parties
concerned and request them to respond with arguments within a
specified period.
Article 42. Where a trademark, before its being
approved for registration, has been the object of opposition and
decision, no application for adjudication may be filed based on
the same facts and grounds.
Article 43.
After the Trademark Review and Adjudication Board has
made an adjudication either to maintain or to cancel a
registered trademark, it shall notify the parties concerned of
the same in writing.
Where any party concerned is dissatisfied with the decision of
the Trademark Review and Adjudication Board, he or it may,
within thirty days from receipt of the notice, institute legal
proceedings in the People's Court. The People's Court shall
notify the other party in the trademark adjudication proceeding
to be a third party to the litigation.
Chapter VI.
Administration of the Use of Trademarks
Article 44.
Where any person who uses a registered trademark has
committed any of the following acts, the Trademark Office shall
order him to rectify the situation within a specified period or
even cancel the registered trademark:
(1) where a registered trademark is altered unilaterally (that
is, without the required registration);
(2) where the name, address or other registered matters
concerning the registrant of a registered trademark are changed
unilaterally (that is, without the required application);
(3) where the registered trademark is assigned unilaterally
(that is, without the required approval);
(4) where the use of the registered trademark has ceased for
three consecutive years.
Article 45. Where a registered trademark is
used in respect of the goods that have been roughly or poorly
manufactured, or whose superior quality has been replaced by
inferior quality, so that consumers are deceived, the
administrative authorities for industry and commerce at
different levels shall, according to the circumstances, order
rectification of the situation within a specified period, and
may, in addition, circulate a notice of criticism or impose a
fine, and the Trademark Office may even cancel the registered
trademark.
Article 46. Where a registered trademark has
been cancelled or has not been renewed at the expiration, the
Trademark Office shall, during one year from the date of the
cancellation or removal thereof, approve no application for the
registration of a trademark that is identical with or similar to
the said trademark.
Article 47. Where any person violates the
provisions of Article 6 of this Law, the local administrative
authority for industry and commerce shall order him to file an
application for the registration within a specified period, and
may, in addition, impose a fine.
Article 48. Where any person who uses an
unregistered trademark has committed any of the following, the
local administrative authority for industry and commerce shall
stop the use of the trademark, order him to rectify the
situation within a specified period, and may, in addition,
circulate a notice of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated;
(3) where the manufacture is of rough or poor, or where superior
quality is replaced by inferior quality, so that consumers are
deceived.
Article 49. Any party concerned dissatisfied
with the decision of the Trademark Office to cancel a registered
trademark may, within fifteen days from receipt of the
corresponding notice, apply for a review with the Trademark
Review and Adjudication Board, which shall make a decision and
notify the applicant in writing.
Where any interested party dissatisfied with the decision of the
Trademark Review and Adjudication Board, he or it may, within 30
days from receipt of the notice, institute legal proceedings in
the People's Court.
Article 50. Any interested party dissatisfied
with the decision of the administrative authority for industry
and commerce to impose a fine under the provisions of Article
45, Article 47 or Article 48 may, within fifteen days from
receipt of the corresponding notice, institute legal proceedings
with the People's Court. If there have been instituted no legal
proceedings or no performance of the decision has been made at
the expiration of the said period, the administrative authority
for industry and commerce may request the People's Court for
compulsory execution thereof.
Chapter VII
Protection of the Exclusive Rights to Use Registered Trademarks
Article 51.
The exclusive right to use a registered trademark is
limited to the trademark which has been approved for
registration and to the goods in respect of which the use of the
trademark has been approved.
Article 52. Any of the following acts shall be
an infringement of the exclusive right to use a registered
trademark:
(1) using a trademark that is identical with or similar to a
registered trademark in respect of the same or similar goods
without the authorization from the trademark registrant;
(2) selling goods that infringe the exclusive right to use a
registered trademark;
(3) counterfeiting, or making, without authorization,
representations of a registered trademark of another person, or
selling such representations of a registered trademark as were
counterfeited, or made without authorization;
(4) replacing another party’s registered trademark, without
authorization, and selling goods bearing such a replaced
trademark;
(5) causing, in other respects, prejudice to the exclusive right
of another person to use a registered trademark.
Article 53. Where a dispute arises after a
party commits any of such acts to infringe the exclusive right
to use a registered trademark as provided for in Article 52 of
this Law, the parties involved shall settle the dispute through
consultation. Where the parties refuse to pursue consultation or
where consultation has failed, the trademark registrant or
interested party may institute legal proceedings with the
People's Court, or request the administrative authority for
industry and commerce for actions. The administrative authority
for industry and commerce shall, upon determining the trademark
infringement has taken place, order the infringer to immediately
stop the infringing act, confiscate and destroy the infringing
goods and any instruments specifically used to manufacture the
infringing goods and counterfeit representations of the
registered trademarks, and even impose a fine. Where any
interested party is dissatisfied with the decision of the
administrative authority for industry and commerce, he or it
may, within 15 days from the date of receipt of the
notification, institute legal proceedings with the people’s
court in accordance with the Administrative Procedural Law of
the People's Republic of China. If there are no legal
proceedings instituted or no performance of the decision at the
expiration of the said period, the administrative authority for
industry and commerce may request the People's Court for
compulsory execution thereof. Where a party so requests, the
administrative authority for industry and commerce handling a
dispute may mediate in settling the amount of damages. Where
mediation fails, a party may institute legal proceedings with
the People's Court in accordance with the Civil Procedural Law
of the People's Republic of China.
Article 54. The administrative authority for
industry and commerce has the power to investigate and handle by
law any conduct infringing upon the exclusive right to use a
registered trademark. Where a crime is suspected to have been
committed, the case shall be promptly transferred to the
judicial authority to be dealt with in accordance with law.
Article 55. When investigating activities
suspected of having infringed upon another party’s exclusive
right to use a registered trademark, the administrative
authority for industry and commerce at or above the county level
may, based on the obtained evidences suspected of illegal
conduct or information supplied by a member of the public,
exercise the following functions and authorities;
(1) to inquire of the interested about the case; to investigate
into such circumstances as involved infringement upon other
parties’ exclusive right to use a registered trademark;
(2) to examine or reproduce the interested party’s contracts,
invoices and account books and other materials as involved
infringement upon other parties’ exclusive right to use a
registered trademark;
(3) to conduct an on-site inspection of the premises where the
party has carried out acts allegedly infringing upon another
party’s exclusive right to use a registered trademark;
(4) to check up such articles as relate to the infringing act
and may seal or take into custody articles which are proven to
have infringed upon another party’s exclusive right to use a
registered trademark.
When the administrative authority for industry and commerce
exercises such functions and powers as enumerated in the
preceding paragraph, the interested parties shall assist and
cooperate and shall not refuse or obstruct to do so.
Article 56. The amount of damages for
infringement of the exclusive right to use a registered
trademark shall be the profit that the infringer has earned
through the infringement during the period of the infringement
or the losses that the period of the infringee has suffered
through the infringement during the period of the infringement,
including any reasonable expenses the infringee has incurred in
his or its efforts to stop the infringement.
Where the profit earned because by the infringer or losses
suffered by the infringee through the infringement referred to
in the preceding paragraph can not be determined, the people’s
court shall decide an amount of damages not more than 500,000
yuan RMB, depending on the circumstances of the infringing acts.
Where a party unknowingly sells goods that infringe upon another
party’s exclusive right to use a registered trademark but is
able to prove that he or it has obtained the goods lawfully and
is able to identify the supplier, he or it shall not be held
liable for damages.
Article 57. Where a trademark registrant or any
interested submits evidence proving that another party is
engaged in or will soon engage in actions that infringe upon the
former's exclusive right to use his or its registered trademark
and that, unless they are stopped promptly, it will cause
irreparable damages to its legitimate rights and interests, he
or it may, before filing a lawsuit, apply to the people’s
court for the granting of an injunction prohibition the relevant
acts and taking measures for property preservation.
The People's Court handling the application under the preceding
paragraph shall apply the provisions of Articles 93 to Article
96 and Article 99 of the Civil Procedural Law of the People's
Republic of China.
Article 58. With a view to prohibiting
trademark infringing acts and where evidences may be destroyed
or lost or become unobtainable in the future, a trademark
registrant or interested party may file an application with the
people's court for preservation of the evidence before
instituting legal proceedings to the people's court.
The People's Court shall make a decision within 48 hours after
receipt of the application. Where the people’s court decides
to provide preservative measures, the decision shall be enforced
immediately.
The People's Court may order the applicant to provide guaranty.
Where no guaranty provided, the people’s court shall reject
the application.
Where the applicant fails to institute legal proceedings within
15 days after the people's court grants the preservative
measures, the people's court shall rescind the said measures.
Article 59. Where any party, without the
authorization from the trademark registrant, uses a trademark
that is identical with a registered trademark in respect of the
same goods, if it constitutes a crime, the party shall be
prosecuted, according to lae, for its criminal liabilities in
addition to compensating the losses the infringee suffers.
Where any party counterfeits, or makes, without authorization,
representations of a registered trademark of another party, or
sells such representations of a registered trademark as were
counterfeited, or made without authorization, if it constitutes
a crime, the party shall be prosecuted, according to law, for
its criminal liabilities.
Where any party sells goods that he knows bear a counterfeited
registered trademark, if it constitute a crime, the party shall
be prosecuted, according to law, for its criminal liabilities in
addition to compensating the losses the infringee suffers.
Article 60. State functionaries engaged in
trademark registration, administration and review shall be
impartial in implementing the law, incorruptible and
self-disciplined, devoted to their duties and shall be courteous
and honest in their delivery of service.
State functionaries of the Trademark Office and the Trademark
Review and Adjudication Board and other personnel engaged in
trademark registration, administration and review shall not be
involved in trademark agency services or in any activity of
manufacturing and trading goods.
Article 61. Administrative authorities for
industry and commerce shall establish and perfect an internal
supervisory system to supervise and inspect the way state
functionaries responsible for trademark registration,
administration and review implement laws and administrative
regulations and observe disciplines.
Article 62. Where state functionary engaged in
trademark registration, administration and review are derelict
of duty, abuse their power, and practice fraud for personal
gains; where they handle trademark registration, administration
and review matters in violation of the law. Where they accept
money or properties from a party in a trademark matter; where
they seek improper gains; and where the case is so serious as to
constitute a crime. They shall be prosecuted, according to law,
for their criminal liabilities. Where the case does not
constitute a crime, the person involved shall be subject to
administrative disciplinary measures according to law.
Chapter
VIII. Supplementary Provisions
Article 63. Any application for a trademark
registration and for other matters concerning a trademark shall
be subject to payment of the fees as prescribed. The schedule of
fees shall be prescribed separately.
Article 64. This Law shall enter into force on
March 1, 1983. The "Regulations Governing Trademarks"
promulgated by the State Council on April 10, 1963 shall be
abrogated on the same date, and any other provisions concerning
trademarks contrary to this Law shall cease to be effective at
the same time.
Trademarks registered before this Law enters into force shall
continue to be valid.
(Translation by the Trade demark Office of the State
Administration for Industry and Commerce of the People’s
Republic of China)
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