Regulations for the Implementation of the Trademark Law of the People’sRepublic of China 

Where a geographical indication is registered as a collective mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the membership of the society, association or any other organization that registered the geographical indication as a collective mark, and the society, association or any other organization shall accept the membership in accordance with its articles of association; those who do not request the membership of the society, association or any other organization that registered the geographical indication as a collective mark may legitimately use the geographical indication, and the society, association or any other organization is not entitled to prohibit such use.

Article 5 Where a party entrusts a trademark agency with the application for trademark registration or other trademark matters, a Power of Attorney shall be submitted. A Power of Attorney shall state the contents and the scope of competence; a Power of Attorney issued by a foreigner or a foreign enterprise shall also state his or its nationality.

Procedures for notarizing and authenticating a Power of Attorney and certifying documents relating to a foreigner or a foreign enterprise shall be undertaken in line with the principle of reciprocity.

In applying for trademark registration or trademark assignment, the applicant or the assignee that is a foreigner or a foreign enterprise shall appoint in the application a recipient within Chinese territory to be responsible for receiving subsequent legal documents issued by the Trademark Office or the Trademark Review and Adjudication Board. Subsequent legal documents issued by the Trademark Office or the Trademark Review and Adjudication Board shall be served on the recipient within Chinese territory.

A foreigner or a foreign enterprise in Article 18 of the Trademark Law means a foreigner or a foreign enterprise having no habitual residence or establishment in China.

Article 6 The Chinese language shall be used in the application for trademark registration or other trademark matters.

Where any certificate, certifying document or evidence submitted in accordance with the provisions of the Trademark Law and these Regulations is in a foreign language, a Chinese translation shall be attached; where no Chinese translation is attached, it shall be considered that the certificate, certifying document or evidence has not been submitted.

Article 7 Under any of the following circumstances, a staff member of the Trademark Office or the Trademark Review and Adjudication Board shall recuse himself from the case, and a party or an interested party may request his recusal:

1. where he is a party, or a close relative of a party or the agent;
2. where he has any other relationship with a party or the agent that may affect impartiality; or
3. where he has an interest in the application for trademark registration or other trademark matters.

Article 8 Applications for trademark registration and other related documents submitted in electronic form as specified in Article 22 of the Trademark Law, shall be submitted through the Internet as prescribed by the Trademark Office or the Trademark Review and Adjudication Board.

Article 9 Except as otherwise provided in Article 18 of these Regulations, the date on which a party submits documents or materials to the Trademark Office or the Trademark Review and Adjudication Board shall be the date of delivery when the documents or materials are submitted in person, or the date of mailing indicated by the postmark when they are sent by mail, or the actual date on which the documents or materials are received by the Trademark Office or the Trademark Review and Adjudication Board when the date of mailing indicated by the postmark is illegible or where there is no postmark, with the exception that the party can provide evidence of the actual date as indicated by the postmark. Where the documents or materials are submitted by express enterprises other than the postal services, the date shall be the receiving date of the express enterprises, or the actual date on which the documents or materials are received by the Trademark Office or the Trademark Review and Adjudication Board when the receiving date is uncertain, with the exception that the

party can provide evidence of the actual receiving date of the express enterprises. Where the documents or materials are submitted in electronic form, the date shall be the entry date of the documents or materials into the electronic system of the Trademark Office or the Trademark Review and Adjudication Board.

Where a party mails documents to the Trademark Office or the Trademark Review and Adjudication Board, he shall choose to use mail that has receipts.

Where a party submits documents to the Trademark Office or the Trademark Review and Adjudication Board, and the documents are submitted in paper, the records archived by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; where the documents are submitted in electronic form, the records in the database of the Trademark Office or the Trademark Review and Adjudication Board shall prevail, with the exception that the party can provide evidence for the error in the archives or databases of the Trademark Office or the Trademark Review and Adjudication Board.

Article 10 The documents of the Trademark Office or the Trademark Review and Adjudication Board may be served on a party by mail, in person, in electronic form, or by other means; service of the documents in electronic form shall be subject to the consent of the party. Where a trademark agency is entrusted by the party, the documents shall be considered served once they are served on the trademark agency.

The date of service of any document on a party by the Trademark Office or the Trademark Review and Adjudication Board shall be the date on which the party receives the document as indicated by the postmark when the document is sent by mail; when the date indicated by the postmark is illegible or where there is no postmark, the document shall be considered served 15 days after the date on which the document is sent out, with the exception that the party can provide evidence of the actual receiving date; when the document is delivered in person, the date of service shall be the date on which the document is delivered; when the document is sent in electronic form, the document shall be considered served 15 days after the date on which the document is sent out, with the exception that the party can provide evidence of the entry date of the document into his electronic system. When the document is unable to be served by the abovementioned means, it may be served by means of publication, and the document shall be considered served 30 days after the date on which its publication is made.

Article 11 The following periods shall not be included into the trademark examination or review time limits:

1. the period when documents of the Trademark Office or the Trademark Review and Adjudication Board are served by means of publication;
2. the period when a party furnishes supplementary evidence or makes supplements or amendments to the documents, or the period when new responses are to be submitted due to change of a party;
3. the period required for providing proof of use, negotiating or drawing lots where the trademark applications are filed on the same day;
4. the period required for the confirmation of the right of priority; or
5. the period required for the decision of other cases involving a prior right, upon the request of the applicant during the process of examination or review.

Article 12 Except as otherwise provided in the second paragraph of this Article, the first day of the various time limits prescribed by the Trademark Law and these Regulations shall not be included in the time limit. Where the time limit is counted by year or month, the corresponding day of the last month of the time limit shall be the expiration day of the time limit; if there is no corresponding day in that month, the last day of that month shall be the expiration day of the time limit; when the expiration day of the time limit falls on a public holiday, the first working day following the public holiday shall be the expiration day of the time limit.

The period of validity of a registered trademark prescribed in Articles 39 and 40 of the Trademark Law commences from the statutory date, and expires on the day preceding the corresponding day of the last month of the time limit, and when there is no corresponding day in that month, the last day of that month shall be the expiration day of the time limit.

Where an applicant assigns his application for trademark registration, he shall go through assignment formalities with the Trademark Office.

Article 18 The filing date of an application for trademark registration shall be the date on which the application documents are received by the Trademark Office.

Where the application formalities for trademark registration are completed, the application documents are filled in as required, and the fees are paid, the Trademark Office shall accept the application and notify the applicant in writing; where the application formalities are not completed, the application documents are not filled in as required or the fees are not paid, the Trademark Office shall not accept the application and shall notify the applicant in writing and give the reasons. Where the application formalities are basically completed or the application documents are basically in compliance with the provisions, but supplements or amendments are necessary, the Trademark Office shall notify the applicant of the supplements or amendments to be made, requiring him to make supplements or amendments to the specified items and send them back to the Trademark Office within 30 days from the date of receipt of the notification. Where the supplements or amendments are made and sent back to the Trademark Office within the specified time limit, the filing date shall be reserved; where no supplements or amendments are made at the expiration of the specified time limit, or the supplements or amendments are not made as required, the Trademark Office shall not accept such application and shall notify the applicant in writing.

The provisions on requirements for acceptance in the second paragraph of this Article shall apply to other trademark matters.

Article 19 Where two or more applicants apply respectively on the same day for the registration of an identical or similar trademark in respect of the same or similar goods, both or all of the applicants shall, within 30 days from the date of receipt of the notification of the Trademark Office, submit evidence of prior use of such trademark before the application is filed. Where the use of the trademark was on the same day or no one has put it into use, both or all of the applicants may, within 30 days from the date of receipt of the notification of the Trademark Office, negotiate on their own and submit a written agreement to the Trademark Office; where the applicants are reluctant to negotiate or fail to reach an agreement through negotiation, the Trademark Office shall notify both or all of the applicants that there will be a lot drawing to determine one of them as the applicant, and the applications filed by others shall be refused. Where any applicant notified by the Trademark Office fails to participate in the lot drawing, the application filed by such applicant shall be considered abandoned, and the Trademark Office shall notify in writing the applicant who fails to participate in the lot drawing.

Article 20 Where a right of priority is claimed in accordance with the provisions of Article 25 of the Trademark Law, the duplicate copies of the application documents submitted by the applicant for the first time for trademark registration shall be certified by the competent trademark authority which has accepted the application, and the filing date and number of the application shall be indicated.

1. an Application for Trademark Opposition;
2. documents that certify the identity of the opponent; and
3. documents certifying that the opponent is a holder of the prior right or an interested party, where the opposition is filed on the grounds of violation of the second or third paragraph of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 or Article 32 of the Trademark Law.

An Application for Trademark Opposition shall indicate explicit requests and factual basis, with the relevant evidence attached.

Article 25 Upon receipt of an Application for Trademark Opposition, the Trademark Office shall, after examination, accept it if it satisfies the conditions for acceptance, and issue a Notification of Acceptance to the applicant.

Article 26 Where an Application for Trademark Opposition falls within any of the following circumstances, the Trademark Office shall not accept the application and shall notify the applicant in writing and give the reasons:

1. the application is not filed within the statutory time limit;
2. the qualification of the applicant or the grounds of the opposition are not in compliance with Article 33 of the Trademark Law;
3. the grounds, facts and legal basis of the opposition are not explicit; or
4. the application for opposition is filed by the same opponent once again against the same trademark on the same grounds, facts and legal basis.

Article 27 The Trademark Office shall promptly send the duplicate copy of the opposition materials to the opposed party, who shall be required to respond within 30 days from the date of receipt of the duplicate copy of the opposition materials. Where the opposed party fails to make a response, the making of a decision by the Trademark Office shall not be affected.

Where a party needs to supplement related evidence after filing an application for opposition or after making a response, a statement shall be made in the Application for Trademark Opposition or in the response, and the evidence shall be submitted within 3 months from the date on which the application is filed or the response is made; where no evidence is submitted at the expiration of the time limit, the party shall be considered giving up making supplements to related evidence. However, where evidence accrued after the expiration of the time limit or a party failed to submit the evidence within the time limit for other justifiable reasons, and when such evidence is submitted after the expiration of the time limit, the Trademark Office shall send the evidence to the other party and may accept it after cross-examination.

Article 28 A decision to disapprove the registration of a trademark provided in the third paragraph of Article 35 and the first paragraph of Article 36 of the Trademark Law shall include a decision to disapprove the registration of a trademark on certain designated goods.

Where a trademark is under opposition but a publication of its registration has

already been made prior to the decision of the Trademark Office to approve or disapprove its registration, the publication of registration shall be cancelled. Where the opposition is not justified after examination and the registration of the trademark has been approved, the trademark shall be republished after the entry into force of the decision to approve its registration.

Article 29 Where a trademark applicant or a trademark registrant applies for correction in accordance with Article 38 of the Trademark Law, an Application for Correction shall be filed with the Trademark Office. Where the application satisfies the conditions as required, the Trademark Office shall approve the application and correct the corresponding content; where the application fails to satisfy the conditions as required, the Trademark Office shall not approve the application, and shall notify the applicant in writing and give the reasons.

Where there is any correction in respect of a trademark after a publication of preliminary approval granted to the trademark or a publication of its registration has already been made, a publication of the correction shall be made.

1. the provisions on the time limit for examination and review in Article 28 and the first paragraph of Article 35 of the Trademark Law;
2. Article 22 and the second paragraph of Article 30 of these Regulations; and
3. the provisions that the assignor and the assignee shall jointly file an application and go through the formalities for assignment of a trademark, as prescribed in Article 42 of the Trademark Law and Article 31 of these Regulations.

1. force majeure;
2. restrictions imposed by government policy;
3. bankruptcy liquidation; and
4. other justifiable reasons not attributable to the trademark registrant.

Article 68 Where the Trademark Office or the Trademark Review and

Adjudication Board is to cancel or declare invalid a registered trademark, and where the grounds for cancellation or declaration of invalidation involve only certain designated goods, the Trademark Office or the Trademark Review and Adjudication Board shall cancel or declare invalid the registration of the trademark used only on certain designated goods.

Article 69 Where a licensor authorizes other persons to use his registered trademark, he shall, within the term of validity of the license contract, apply to the Trademark Office for recordation, with materials attached. The materials shall indicate the licensor and licensee of the registered trademark, the period of the license, and the scope of goods or services covered under the license.

Article 70 Where the exclusive right to use a registered trademark is pledged, the pledgor and the pledgee shall sign a written pledge contract, and jointly apply for the recordation of the pledge to the Trademark Office, which shall make a publication of the pledge.

Article 71 Where a person violates the second paragraph of Article 43 of the Trademark Law, the administrative department for industry and commerce shall order him to make corrections within a specified time limit; where no corrections are made within the time limit, the person shall be ordered to stop the sale, and where the person refuses to stop the sale, he shall be fined not more than 100,000 yuan.

Article 72 Where a trademark holder requests the protection of his trademark as a well-known trademark in accordance with Article 13 of the Trademark Law, he may submit a request to the administrative department for industry and commerce. Once the trademark is determined as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the infringer to stop using the trademark in violation of Article 13 of the Trademark Law, and confiscate and destroy the trademark representations used illegally; where it is difficult to separate the trademark representations from the goods involved, they shall be confiscated and destroyed together.

Article 73 Where a trademark registrant applies for the surrender of his registered trademark, or of his trademark registration on certain designated goods, he shall file an Application for the Surrender of the Trademark to the Trademark Office, and return the original Trademark Registration Certificate.

Where a trademark registrant applies for the surrender of his registered trademark, or of his trademark registration on certain designated goods, and where the surrender is approved by the Trademark Office, the exclusive right to use the registered trademark or the effect of the exclusive right to use the registered trademark on the designated goods shall be terminated from the date on which the Trademark Office receives the application for surrender.

Article 74 Where a registered trademark is cancelled, or is surrendered in accordance with Article 73 of these Regulations, the original Trademark Registration Certificate shall be nullified and a publication shall be made; where the registration of a trademark on certain designated goods is cancelled or a trademark registrant applies for the surrender of his trademark registration on certain designated goods, a new Trademark Registration Certificate shall be issued and a publication shall be made.

1. the selling price of the infringing goods; the marked price of the unsold infringing goods;
2. the ascertained average price of the infringing goods already sold;
3. the median market price of the infringed goods;
4. the business income of the infringing party generated by the infringement; and
5. other factors that could reasonably serve to calculate the value of the infringing goods.

Article 79 The following circumstances shall be considered as being able to prove that the goods are obtained by legitimate means prescribed in Article 60 of the Trademark Law:

1. having the supply list and payment receipt bearing the legitimate signature and seal of the supplier, which are verified as true or recognized by the supplier;
2. having the purchase contract signed by both the supplier and the seller, which is verified as having been truly implemented;
3. having the legitimate purchase invoice, on which the items indicated are corresponding to the goods in question; or
4. other circumstances which could prove that the goods have been legitimately obtained.

Article 80 Where a person sells goods infringing upon the exclusive right to use a registered trademark without the knowledge of the infringing nature of such goods, and is able to prove that the goods are obtained by legitimate means and provide information on the supplier of the goods, the administrative department for industry and commerce shall order him to stop the sale, and shall notify the information of the case to the administrative department for industry and commerce of the place where the supplier of the infringing goods is located.

Article 81 Where the ownership of a registered trademark in question is subject to the examination of the Trademark Office, or the review of the Trademark Review and Adjudication Board, or the trial of the people’s court, and where the outcome arising therefrom may affect the determination of a case, it shall be considered as the ownership of a trademark in dispute prescribed in the third paragraph of Article 62 of the Trademark Law.

Article 82 During the investigation and handling of a trademark infringement case, the administrative department for industry and commerce may require the right owner to identify whether the goods involved in the case are produced by the right owner or under his licensing.

1. submitting for verification the registration certification document issued by the administrative department for industry and commerce or the certification document proving approval of the establishment of the law firm issued by the administrative department of justice, with the photocopies of the documents kept for records;
2. submitting the basic information of the trademark agency including the name, address, responsible person and contact information; and
3. submitting the list of trademark agents and their contact information.

The administrative department for industry and commerce shall establish credit files for trademark agencies. Where an agency violates the provisions of the Trademark Law or these Regulations, the Trademark Office or the Trademark Review and Adjudication Board shall make the case known to the public, and keep a record in its credit file.

Article 85 Trademark agents in the Trademark Law mean the personnel engaging in trademark agency services in trademark agencies.

A trademark agent shall not accept the entrustment of a client in his own name.

Article 86 The application documents submitted by a trademark agency to the Trademark Office or the Trademark Review and Adjudication Board shall be sealed by the trademark agency and signed by the relevant trademark agent.

Article 87 Where a trademark agency applies for registration of a trademark, or for assignment of a trademark as the assignee, on goods or other services than its agency services, the Trademark Office shall not accept the application.

Article 88 Any of the following acts constitutes an act of disturbing the order of the trademark agency market by other improper means prescribed in subparagraph (2) of the first paragraph of Article 68 of the Trademark Law:

1. soliciting business by means of fraud, false advertising, misleading, or commercial bribery;
2. concealing facts, providing false evidence, or threatening or inducing others to conceal facts or provide false evidence; or
3. accepting the entrustments of both parties who have conflict of interests in the same trademark case.

Article 89 Where a trademark agency commits an act prescribed in Article 68 of the Trademark Law, the administrative department for industry and commerce at or above the county level of a place where the agency is located or the illegal act happens shall investigate and handle the case and notify the Trademark Office of the result.

Article 90 Where the Trademark Office or the Trademark Review and Adjudication Board stops the acceptance of the trademark matters submitted through a trademark agency as prescribed in Article 68 of the Trademark Law, it may make a decision to stop the acceptance of the trademark matters submitted through the trademark agency for at least 6 months and up to even perpetuity. Upon the expiration of the period of non-acceptance, the Trademark Office or the Trademark Review and Adjudication Board shall resume the acceptance.

The decisions made by the Trademark Office or the Trademark Review and Adjudication Board to stop or resume the acceptance of the trademark matters submitted through an agency shall be published on its website.

Article 91 The administrative department for industry and commerce shall provide strict supervision and guidance to trademark agency industry organizations.