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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 )
 

Renewal, Assignment and Licensing of Registered Trademarks

Article 37.   The period of validity of a registered trademark shall be ten years starting from the date of registration.

Article 38.   Where a holder of a registered trademark intends to continue to use the trademark after the expiry of the period of validity, an application for renewal of the registration shall be made within six months before the said expiry. Where no application is made within the said period, a grace period of six months may be allowed. If no application is filed at the expiry of the grace period, the registered trademark shall be removed from the register.

The period of validity of each renewal of registration shall be ten years.

Any renewal of registration shall be published after it has been approved.

Article 39.   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.

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 40.   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.

The trademark license contract shall be submitted to the Trademark Office for recording.