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Regulations for the Implementation of the Trademark Law of the People's Republic of China (2002)

(Promulgated by Decree No.358 of the State Council of the People's Republic of China on
August 3, 2002, and effective as of September 15, 2002)

General Provisions

Article 1.   These Regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Article 2.   Provisions regarding the goods trademarks in these Regulations shall apply to service marks.

Article 3.   The use of a trademark, as referred to in the Trademark Law and these Regulations, shall include the use of the trademark on goods, packages or containers of the goods or in trading documents, and the use of the trademark in advertising, exhibition or any other business activities.

Article 4.   Goods on which the State requires the use of a registered trademark, as mentioned in Article 6 of the Trademark Law, refer to those on which a registered trademark must be used as required by laws or administrative regulations.

Article 5.   Where a dispute arises in the procedures of trademark registration or trademark review and adjudication and the party concerned believes that its trademark constitutes a well-known trademark, it may, in accordance with the provisions of the Trademark Law and these Regulations, request the Trademark Office or the Trademark Review and Adjudication Board to determine whether its trademark constitutes a well-known trademark or not and to refuse the application for trademark registration which is in violation of the provisions of Article 13 of the Trademark Law or to cancel the trademark registration which is in violation of the provisions of Article 13 of the Trademark Law. When an application for this purpose is filed, the party concerned shall submit evidence to prove that its trademark constitutes a well-known trademark.

At the request of the party, the Trademark Office or the Trademark Review and Adjudication Board shall, on the basis of ascertaining the facts, determine whether its trademark is a well-known one or not in accordance with the provisions of Article 14 of the Trademark Law.

Article 6.   For geographical indications referred to in Article 16 of the Trademark Law, applications may be filed to register them as certification marks or collective marks under the provisions of the Trademark Law and these Regulations.

Where a geographical indication is registered as a certification mark, any natural person, legal person or other organization whose goods satisfy the conditions under which the geographical indication is used may request the use of the certification mark, and the organization in control of such certification mark shall permit the use. 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 has the geographical indication registered 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 has the geographical indication registered 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 7.   Where a party entrusts a trademark agency with the application for registration of a trademark or with the handling of other trademark matters, a Power of Attorney shall be submitted. The Power of Attorney shall state the contents and the scope of powers; the Power of Attorney of a foreigner or foreign enterprise shall also state the nationality of the principal.

Procedures for notarizing and authenticating the Power of Attorney and certifying documents relating thereto of a foreigner or foreign enterprise shall be undertaken based on the principle of reciprocity.

As mentioned in Article 18 of the Trademark Law, a foreigner or foreign enterprise refers to a foreigner or foreign enterprise having no habitual residence or place of business in China.

Article 8.   The Chinese language shall be used in applying for trademark registration or handling other trademark matters.

Where any certificate, certifying document or evidence submitted in accordance with the provisions of the Trademark Law and these Regulations is written in a foreign language, a Chinese translation shall be attached thereto; if no Chinese translation is attached, it shall be deemed that the certificate, certifying document or evidence has never been submitted.

Article 9.   In any of the following situations, a staff member of the Trademark Office or the Trademark Review and Adjudication Board shall voluntarily recuse himself, and a party or an interested person may demand his recusal:

(1) if he is a party, or a close relative of a party or an agent;
(2) if he has any other relation with a party or an agent that may affect impartiality; or
(3) if he has an interest with the application for trademark registration or the handling of other trademark matters.

Article 10.   Except as otherwise provided in these Regulations, the date on which a party submits documents or papers to the Trademark Office or the Trademark Review and Adjudication Board shall be the date of delivery if the documents or papers are submitted in person, or be the mailing date indicated by the postmark if they are sent by mail, or, if the mailing date indicated by the postmark is illegible or there is no postmark, be the date on which all of the papers or documents are received in the Trademark Office or the Trademark Review and Adjudication Board, except if the party can provide evidence of the exact date indicated by the postmark.

Article 11.   The documents of the Trademark Office or the Trademark Review and Adjudication Board may be sent to a party by mail, in person or by other means. Where the party entrusts a trademark agency, the documents shall be considered served on the party once they are delivered to 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, if the document is sent by mail, be the receiving date indicated by the postmark on which the document is received; if the receiving date indicated by the postmark is illegible or there is no postmark, the document shall be considered served on the party 15 days after the date on which the document is sent. If the document is delivered in person, the date of service shall be the date on which the document is delivered. If the document cannot be sent by mail or delivered in person, it may be served on the party by means of public notice, and the service of the document shall be considered completed 30 days after the date on which the public notice is issued.

Article 12.   Applications for international registration of trademarks shall be dealt with in accordance with the relevant international treaties to which China has acceded. The specific measures therefor shall be formulated by the authority of administration for industry and commerce under the State Council.