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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 )
 

Examination and Acceptance for Registration of a Trademark

Article 27.   Where an application for registration of a trademark is in compliance with the relevant provisions of this Law, the Trademark Office shall accept the application and publish the same.

Article 28.   Where an application for registration of a trademark is not in compliance with the relevant provisions of this Law, or if the trademark is identical with or similar to a trademark of another person that has been registered or accepted in respect of identical or similar goods, the Trademark Office shall refuse to accept the application and shall not publish the same.

Article 29.   Where two or more applicants apply for registration of identical or similar trademarks in respect of identical or similar goods, the application filed the earliest shall be accepted and published; if the applications are filed on the same day, the trademark which is used the earliest shall be accepted and published, and applications of other persons shall be refused and not be published.

Article 30.   Any person may, within three months from the date of publication, file an opposition against an accepted application for registration of a trademark. If no opposition is filed within the specified period, the trademark shall be registered, a certificate of registration shall be issued, and the registration shall be published.

Article 31.   An application for registration of a trademark shall not be of such a nature as to infringe the existing earlier right of another person. An application shall not be made with intent to register a trademark which is used by another person and enjoys certain reputation.

Article 32.   Where an application for registration of a trademark is refused and no publication is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he 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 and notify the applicant in writing.

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 33.   Where an opposition is filed against an accepted and published application for registration of a trademark, the Trademark Office shall hear both the opponent and the opposed party's statement of facts and grounds and shall, after investigation and verification, make a decision. Where any party is dissatisfied, he 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 and notify both the opponent and the opposed party in writing.

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. The people's court shall notify the other party to the review proceedings to participate in the legal proceedings as the third party.

Article 34.   Where, within the specified period, no party applies for review of a decision made by the Trademark Office or institutes legal proceedings with the people's court against a decision of the Trademark Review and Adjudication Board, the decision shall come into effect.

If it is decided that an opposition is not justified, the trademark shall be registered, a certificate of registration shall be issued, and the registration shall be published; if it is decided that an opposition is justified, no registration shall be made.

Where it is decided that an opposition is not justified and the trademark is registered, the applicant's exclusive right to use the trademark shall start from the date of expiry of the three-month period from the publication of the accepted application.

Article 35.   Applications for registration of trademarks and applications for review shall be examined in a timely manner.

Article 36.   If an applicant for registration of a trademark or a holder of a registered trademark finds an obvious error in the documents relating to the application or registration, he may apply for rectification of the error. The Trademark Office shall, within the scope of its powers in accordance with law, make the rectification and notify the interested party.

Rectification of errors by virtue of the preceding paragraph does not include the rectification of substantive matters in the documents relating to the application or registration.