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Trademark Law of the People's Republic of China (2001)

( Adopted at the 24th Session of the Standing Committee of
the Fifth National People 's Congress on August 23, 1982, as amended 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, and
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 )
 

Application for Registration of a Trademark

Article 19.   An applicant for registration of a trademark 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.

Article 20.   Where any applicant intends to apply for registration of a trademark for goods in different classes, application for registration shall be made in accordance with the prescribed classification of goods.

Article 21.   A new application for registration shall be made if a registered trademark is to be used in respect of other goods of the same class than those contained in the registration.

Article 22.   A new application for registration of a trademark shall be made if the sign of a registered trademark is to be altered.

Article 23.   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 24.   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 25.   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 26.   Statements made and documents submitted for the purposes of application for registration of a trademark shall be authentic, accurate and complete.