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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 )

Administration of the Use of Trademarks

Article 48.  The use of a trademark, as referred to in this Law means the use of the trademark on goods, packages or containers of the goods or in trading documents, or the use of the trademark in advertising, exhibition or any other business activities so as to distinguish the origin of goods.

Article 49.  Where a trademark registrant, in using a registered trademark, alters the registered trademark, or changes the name or address of the owner of a registered trademark, or other matters contained in the registration without the prescribed procedure, the local Trademark Office shall order it to make corrections within a specified time limit, or the registered trademark can be canceled by the Trademark Office, if no corrections are made at the expiry of the specified time limit.

Where a registered trademark become a generic name of its designated goods or has not been used for an uninterrupted period of three years without justified reasons, any entity or individual may request the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from receipt of the request for cancellation. Where there are any special circumstances that require an extension of time, the Trademark Office may make the decision in another three months with the approval from the administrative authority for industry and commerce under the State Council.

Article 50.  Where a registered trademark has been canceled, has been declared invalid or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, refuse to accept any application for registration of a trademark that is identical with or similar to the trademark.

Article 51.  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 time limit, and may in addition impose a fine, and where the volume of illegal business is more than RMB50,000 yuan, a fine of less than 20% of the volume of the illegal business may be imposed. Where there is no volume of illegal business or the volume of illegal business is less than RMB50,000 yuan, a fine of less than RMB10,000 yuan may be imposed.

Article 52.  Where a person uses an unregistered trademark as a registered trademark, or the use of an unregistered trademark violates the provision of Article 10 of this law, the local administrative authority for industry and commerce shall stop the use of the trademarks, order him to rectify the situation within a specified time limit, and may in addition circulate a notice of criticism. Where the volume of illegal business is more than RMB50,000 yuan, a fine of less than 20% of the volume of the illegal business may be imposed, and where there is no volume of illegal business or the volume of illegal business is less than RMB50,000 yuan, a fine of less than RMB10,000 yuan may be imposed.

Article 53.  Where any person violates the provision of Article 14 paragraph five, the local administrative authority for industry and commerce shall order him to rectify the situation within a specified period, and in addition impose a fine of RMB100,000 yuan.

Article 54.  Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the notification, apply for review to the Trademark Review and Adjudication Board, which Board shall make a decision within nine months and notify the applicant in writing. Where there are any special circumstances that require an extension of time, the Board may make the decision in another three months with the approval from the administrative authority for industry and commerce under the State Council. Where any party is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may, within thirty days from receipt of the notification, institute legal proceedings with the people's court.

Article 55.  Where, at the expiration of the specified period, no party applies for review of a decision made by the Trademark Office to cancel a registered trademark or institutes legal proceedings with the people's court against a reviewing decision of the Trademark Review and Adjudication Board, the decision to cancel the registered trademark Office or the reviewing decision shall come into effect.

For a registered trademark which has been canceled, the Trademark Office shall publish it, and the exclusive right to use the said registered trademark shall be terminated from the date of publication.