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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 )

Renewal, Modification, Assignment and Licensing of Registered Trademarks

Article 39.  The period of validity of a registered trademark shall be ten years starting from the date of registration.

Article 40.  Where a trademark registrant intends to continue to use the trademark after the expiry of the period of validity, he shall proceed by going through the formalities to renew the registration within twelve months before the said expiry. Where no formalities are gone through within the said period, a grace period of six months may be allowed. The period of validity of each renewal of registration shall be ten years, which shall be calculated from the day following the expiration of the previous period of validity of such a trademark. If no formalities are gone through at the expiry of the prescribed period, the registered trademark shall be removed from the register.

The Trademark Office shall publish the trademark after its registration is renewed.

Article 41.  An application for a change shall be made if the name or address of the owner of a registered trademark, or other matters contained in the registration, is to be changed.

Article 42.  Where a registered trademark is to be assigned, the assignor and assignee shall sign an agreement of 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.

Where a registered trademark is to be assigned, the trademark registrant shall assign in a lump all of its trademarks that are similar to each other in respect of the same goods, or identical or similar to each other in respect of the similar goods.

Where an assignment is liable to create confusion or has other unhealthy influence, the Trademark Office shall not approve the assignment, stating the reasons and notifying the applicant in writing.

The assignment of a registered trademark shall be published after it has been approved. The assignee shall have the exclusive right to use the trademark from the date of publication.

Article 43.  The owner of a registered trademark may, by signing a trademark license contract, authorize another person to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark. The licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.

Where any party is licensed to use a registered trademark of another person, the name of the licensee and the geographic origin of the goods must be indicated on the goods that bear the registered trademark.

Where the licensor authorizes another person to use his registered trademark, he shall submit the trademark license to the Trademark Office for recording, and the Trademark Office shall publish it. A trademark license shall not be used against any bona fide third party, if no record therefor is made.