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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 )
 

Administration of the Use of Trademarks

Article 44.   The Trademark Office shall order the user of a registered trademark to rectify the situation within a specified time limit, or shall cancel the registered trademark, if the user:

(1) alters the registered trademark without the prescribed procedure;

(2) changes the name or address of the owner of a registered trademark, or other matters contained in the registration, without the prescribed procedure;

(3) assigns the registered trademark without the prescribed procedure; or

(4) has not used the trademark for an uninterrupted period of three years.

Article 45.   Where a registered trademark is used on goods that are roughly or poorly manufactured, or on goods of bad quality which pass off as those of good quality, so as to deceive consumers, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified time limit, and may in addition circulate a notice of criticism or impose a fine, and the Trademark Office may cancel the registered trademark.

Article 46.   Where a registered trademark has been canceled or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation or removal, refuse to accept any application for registration of a trademark that is identical with or similar to the trademark.

Article 47.   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.

Article 48.   Where any person who uses an unregistered trademark has committed any of the following, 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 or impose a fine:

(1) where the trademark is falsely represented as registered;

(2) where any provision of Article 10 of this Law is violated; and

(3) where the goods are roughly or poorly manufactured, or are of bad quality which pass off as those of good quality, so as to deceive consumers.

Article 49.   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 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 50.   Any party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine in accordance with the provisions of Article 45, 47 or 48 may, within fifteen days from receipt of the notification, institute legal proceedings with the people's court. If there have been instituted no legal proceedings or made no performance of the decision upon the expiry of the said period, the administrative authority for industry and commerce may request the people's court for compulsory execution.