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Trademark Law of the People's Republic of China (2013)

( Adopted at the 24th Session of the Standing Committee of the Fifth National People 's
Congress on August 23, 1982; amended for the first time according to the "Decision on the
Revision 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
February 22, 1993; amended for the second time according to the "Decision on the Revision 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 October 27 2001; amended for
the third time according to the "Decision on the Revision of the
‘Trademark Law of the People's Republic of China’" adopted at the 4th Session of the
Standing Committee of the twelfth National People's' Congress on August 30 2013 )

Application for Registration of a Trademark

Article 22.  Where an applicant files an application for registration of a trademark, he shall indicate, in accordance with a prescribed classification of goods, the classification of the goods and the designation of the goods in respect of which the trademark is to be used.

The applicant for registration of trademark may apply for registration of one trademark for goods in different classes in one application.

The Application documents for applying for registration of trademark may be filed in written or in electronic data transmission.

Article 23.  A new application for registration shall be made if the exclusive right to use a registered trademark shall be obtained in respect of the goods beyond the approved ones.

Article 24.  A new application for registration of a trademark shall be made if the sign of a registered trademark is to be altered.

Article 25.  An applicant for registration of a trademark who, within six months from the date of application for registration of his trademark in a foreign country, applies for registration of the same trademark in China in respect of the same goods has a right of priority in accordance with any agreement concluded between China and the foreign country, or with the international treaty to which both countries are party, or on the principle of mutual recognition of the right of priority.

An applicant claiming a right of priority by virtue of the preceding paragraph shall make a written declaration at the time of the filing of the application and shall submit within three months a copy of the documents relating to the previous application; an applicant who does not make the written declaration, or who fails to submit the copy of the documents relating to the previous application before the end of the prescribed period, shall be deemed never to have claimed a right of priority.

Article 26.  If a trademark is first used on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, an applicant for registration of the trademark has a right of priority for a period of six months from the date of exhibition of the goods.

An applicant claiming a right of priority by virtue of the preceding paragraph shall make a written declaration at the time of the filing of the application and shall submit within three months documentary evidence concerning, inter alia, the title of the exhibition, the use of the trademark on the exhibited goods and the date of the exhibition; an applicant who does not make the written declaration or who fails to submit the documentary evidence before the end of the prescribed period shall be deemed never to have claimed a right of priority.

Article 27.  Statements made and documents submitted for the purposes of application for registration of a trademark shall be authentic, accurate and complete.