Adopted at the 24th Session of the Standing Committee of the
Fifth National People's Congress on 23 August 1982, revised for the
first time according to the Decision on the Amendment 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 22 February 1993, and revised for the second time
according to the Decision on the Amendment 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 27
October 2001.
Chapter l General Provisions
Article 1 This Law is enacted for the purposes of improving the
administration of trademarks, protecting the exclusive right to use
trademarks, and of encouraging producers and operators to guarantee
the quality of their goods and services and maintaining the
reputation of their trademarks, with a view to protecting the
interests of consumers, producers and operators and to promoting
the development of the socialist market economy.
Article 2 The Trademark Office of the administrative authority
for industry and commerce under the State Council shall be
responsible for the registration and administration of trademarks
throughout the country.
The Trademark Review and Adjudication Board, established under
the administrative authority for industry and commerce under the
State Council, shall be responsible for handling matters of
trademark disputes.
Article 3 Registered trademarks mean trademarks that have been
approved and registered by the Trademark Office, including
trademarks, service marks, collective marks and certification
marks; the trademark registrants shall enjoy the exclusive right to
use the trademarks, and be protected by law.
Said collective marks mean sings which are registered in the
name of bodies, associations or other organizations to be used by
the members thereof in their commercial activities to indicate
their membership of the organizations.
Said certification marks mean signs which are controlled by
organizations capable of supervising some goods or services and
used by entities or individual persons outside the organization for
their goods or services to certify the origin, material, mode of
manufacture, quality or other characteristics of the goods or
services.
Regulations for the particular matters of registration and
administration of collective and certification marks shall be
established by the administrative authority for industry and
commerce under the State Council.
Article 4 Any natural person, legal entity or other organization
intending to acquire the exclusive right to use a trademark for the
goods produced, manufactured, processed, selected or marketed by it
or him, shall file an application for the registration of the
trademark with the Trademark Office. Any natural person, legal
entity or other organization intending to acquire the exclusive
right to use a service mark for the service provided by it or him,
shall file an application for the registration of the service mark
with the Trademark Office.
The provisions set forth in this Law concerning trademarks shall
apply to service marks.
Article 5 Two or more natural persons, legal entities or other
organizations may jointly file an application for the registration
for the same trademark with the Trademark Office, and jointly enjoy
and exercise the exclusive right to use the trademark.
Article 6 As for any of such goods, as prescribed by the State,
that must bear a registered trademark, a trademark registration
must be applied for. Where no trademark registration has been
granted, such goods cannot be marketed.
Article 7 Any user of a trademark shall be responsible for the
quality of the goods in respect of which the trademark is used. The
administrative authorities for industry and commerce at different
levels shall, through the administration of trademarks, stop any
practice that deceives consumers.
Article 8 In respect of any visual sign capable of
distinguishing the goods or service of one natural person, legal
entity or any other organization from that of others, including any
word, design, letters of an alphabet, numerals, three-dimensional
symbol, combinations of
Colours, and their combination, an application may be filed for
registration.
Article 9 Any trademark in respect of which an application for
registration is filed shall be so distinctive as to be
distinguishable, and shall not conflict with any prior right
acquired by another person.
A trademark registrant has the right to use the words of
"registered trademark" or a symbol to indicate that his trademark
is registered.
Article 10 The following signs shall not be used as
trademarks:
(1) those identical with or similar to the State name, national
flag, national emblem, military flag, or decorations, of the
People's Republic of China, with names of the places where the
Central and State organs are located, or with the names and designs
of landmark buildings;
(2) those identical with or similar to the State names, national
flags, national emblems or military flags of foreign countries,
except that the foreign state government agrees otherwise on the
use;
(3) those identical with or similar to the names, flags or
emblems or names, of international intergovernmentaI organizations,
except that the organizations agree otherwise on the use or that it
is not easy for the use to mislead the public;
(4) those identical with or similar to official signs and
hallmarks, showing official control or warranty by them, except
that the use thereof is otherwise authorized;
(5) those identical with or simi1ar to the symbols, or names, of
the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any
nationality;
(7) those having the nature of exaggeration and fraud in
advertising goods; and
(8) those detrimental to socialist morals or customs, or having
other unhealthy influences.
The geographical names as the administrative divisions at or
above the county level and the foreign geographical names well
known to the public shall not be used as trademarks, but such
geographical terms as have otherwise meanings or are a part of
collective marks/or a certification marks shall be exclusive. Where
a trademark using any of the above-mentioned geographical names has
been approved and registered, it shall continue to be valid.
Article 11 The following signs shall not be registered as
trademarks:
(1) those only comprising generic names, designs or models of
the goods in respect of which the trademarks are used; -
(2) those having direct reference to the quality, main raw
materials, function, use, weight, quantity or other features of the
goods in respect of which the trademarks are used; and
(3) those lacking distinctive features.
The signs under the preceding paragraphs may be registered as
trademarks where they have acquired the distinctive features
through use and become readily identifiable.
Article 12 Where an application is filed for registration of a
three-dimensional sign as a trademark, any shape derived from the
goods itself, required for obtaining the technical effect, or
giving the goods substantive value, shall not be registered.
Article 13 Where a trademark in respect of which the application
for registration is filed for use for identical or similar goods is
a reproduction, imitation or translation of another person's
trademark not registered in China and likely to cause confusion, it
shall be rejected for registration and prohibited from use.
Where a trademark in respect of which the application for
registration is filed fdr use for non-identical or dissimilar goods
is a reproduction, imitation or translation of the well-known mark
of another person that has been registered in China, misleads the
pub1ic and is likely to create prejudice to the interests of the
well-known mark registrant, it shall be rejected for registration
and prohibited from use.
Article 14 Account shall be taken of the fol1owing factors in
establishment of a well-known mark:
(l) reputation of the mark to the relevant public;
(2) time for continued use of the mark;
(3) consecutive time, extent and geographical area of
advertisement of the mark;
(4) records of protection of the mark as a well-known mark;
and
(5) any other factors relevant to the reputation of the
mark.
Article 15 Where any agent or representative registers, in its
or his own name, the trademark of a person for whom it or he acts
as the agent or representative without authorization therefrom, and
the latter raises opposition, the trademark shall be rejected for
registration and prohibited from use.
Article 16 Where a trademark contains a geographic indication of
the goods in respect of which the trademark is used, the goods is
not from the region indicated therein and it misleads the public,
it shall be rejected for registration and prohibited from use;
however, any trademark that has been registered in good faith shall
remain valid.
The geographic indications mentioned in the preceding paragraph
refer to the signs that signify the place of origin of the goods in
respect of which the signs are used, their specific quality,
reputation or other features as mainly decided by the natural or
cultural factors of the regions.
Article 17 Any foreign person or foreign enterprise intending to
apply for the registration of a trademark in China shall file an
application in accordance with any agreement concluded between the
People's Republic of China and the country to which the applicant
belongs, or according to the international treaty to which both
countries are parties, or on the basis of the principles of
reciprocity.
Article 18 Any foreign person or foreign enterprise intending to
apply for the registration of a trademark or for any other matters
conceming a trademark in China sha1l appoint any of such
organizations as designated by the State to act as its or his
agent.
Chapter II AppIication for Trademark
Registration
Article 19 An applicant for the registration of a trademark
shall, in a form, indicate, in accordance with the prescribed
classification of goods, the class of the goods and the designation
of the goods in respect of which the trademark is to be used.
Article 20 Where any applicant for registration of a trademark
intends to use the same trademark for goods in different classes,
an application for registration shall be filed in respect of each
class of the prescribed classification of goods.
Article 21 Where a registered trademark is to be used in respect
of other goods of the same class, a new application for
registration shall be filed.
Article 22 Where the sign of a registered trademark is to be
altered, a new registration shall be applied for.
Article 23 Where, after the registration of a trademark, the
name, address or other registered matters concerning the registrant
change, an application regarding the change shall be filed.
Article 24 Any aPp1icant for the registration of a trademark who
files an application for registration of the same trademark for
identica1 goods in China within six months from the date of filing
the first application for the trademark registration overseas may
enjoy the right of priority in accordance with any agreement
concluded between the People's Republic of China and the country to
which the applicant belongs, or according to the international
treaty to which both countries are parties, or on the basis of the
principle whereby each acknowledges the right of priority of the
other.
Anyone claiming the right of priority according to the preceding
paragraph shall make a statement in writing when it or he files the
application for the trademark registration, and submit, within
three months, a copy of the application documents it or he first
filed for the registration of the trademark; where the applicant
fails to make the claim in writing or submit the copy of the
application documents within the time limit, the claim shall be
deemed not to have been made for the right of priority.
Article 25 Where a trademark is first used for goods in an
international exhibition on sponsored or recognized by me Chinese
Government, the applicant for the registration of the trademark may
enjoy the right of priority within six months from the date of
exhibition of the goods.
Anyone claiming the right of priority according to the preceding
paragraph shall make a claim in writing when it or he files the
application for the registration of the trademark, and submit,
within three months, documents showing the title of the exhibition
in which its or his goods was displayed, proof that the trademark
was used for the goods exhibited, and the date of exhibition; where
the claim is not made in writing, or the proof documents not
submitted within the time limit, the claim shall be deemed not to
have been made for the right of priority.
Article 26 The matters reported and materials submitted in the
application for trademark registration shall be true, accurate and
complete.
Chapter III Examination for and ApprovaI of Trademark
Registration
Article 27 Where a trademark the registration of which has been
applied for is in conformity with the relevant provisions of this
Law, the Trademark Office shall, after examination, preliminarily
approve the trademark and publish it.
Article 28 Where a trademark the registration of which has been
applied for is not in conformity with the relevant provisions of
this Law, or it is identical with or similar to the trademark of
another person that has, in respect of the same or similar goods,
been registered or, after examination, preliminarily approved, the
Trademark Office shall refuse the application and shall not publish
the said trademark.
Article 29 Where two or more applicants apply for the
registration of identical or similar trademarks for the same or
similar goods, the preliminary aPproval, after examination, and the
publication shall be made for the trademark which was first filed.
Where applications are filed on the same day, the preliminary
approval, after examination, and the publication shall be made for
the trademark which was the earliest used, and the applications of
the others shall be refused and their trademarks shall not be
published.
Article 30 Any person may, within three months from the date of
the publication, file an opposition against the trademark that has,
after examination, been preliminarily approved. If no opposition
has been filed after the expiration of the time limit from the
publication, the registration shall be approved, a certificate of
trademark registration shall be issued and the trademark shall be
published.
Article 31 An application for the registration of a trademark
shall not create any prejudice to the prior right of another
person, nor unfair means be used to pre-emptively register the
trademark of some reputation another person has used.
Article 32 Where the application for registration of a trademark
is refused and no publication of the trademark 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 notice, file an application with the Trademark
Review and Adjudication Board for a review. The Trademark Review
and Adjudication Board shall make a decision and notify 'the
applicant in writing.
Any interested party who is not satisfied with the decision made
by the Trademark Review and Adjudication Board may, within thirty
days from receipt of the notice, institute legal proceedings in the
People's Court.
Article 33 Where an opposition is filed against the trademark
that has, after examination, been preliminarily approved and
published, the Trademark Office shall hear both the opponent and
applicant state facts and grounds, and shall, after investigation
and verification, make a decision. Where any party is dissatisfied,
it or he may within fifteen days from receipt of the notification,
apply for a reexamination, and the Trademark Review and
Adjudication Board shall make a decision and notify both the
opponent and applicant in writing.
Any interested party who is not satisfied with the decision made
by the Trademark Review and Adjudication Board within thirty days
from the date of receipt of the notice, may institute legal
proceedings in the People's Court. The People's Court shall notify
the other party to the trademark reexamination proceeding to be a
third party to the litigation.
Article 34 Where the interested party does not, within the
statutory time limit, apply for the reexamination of the
adjudication by the Trademark Office or does not institute legal
proceedings in respect of the ad judication by the Trademark Review
and Ad judication Board, the adjudication takes effect.
Where the opposition cannot be established upon ad judication,
the registration shall be approved, a certificate of trademark
registration shall be issued and the trademark shall be published;
where the opposition is established upon adjudication, the
registration shall not be approved.
Where the opposition cannot be established upon ad judication,
but the registration is approved, the time of the exclusive right
the trademark registration applicant has obtained to use the
trademark is counted from the date on which the three months
expires from the publication of the preliminary examination.
Article 35 Any application for trademark registration and
trademark reexamination shall be examined in due course.
Article 36 Where any trademark registration applicant or
registrant finds any obvious errors in the trademark registration
documents or application documents, it or he may apply for
correction thereof The Trademark Office shall ex officio make the
correction according to law and notify the interested party of the
correction.
The error correction mentioned in the preceding paragraph shall
not relate to the substance of the trademark registration documents
or application documents.
Chapter IV Renewal, Assignment and Licensing of
Registered Trademarks
Article 37 The period of validity of a registered trademark
shall be ten years, counted from the date of approval of the
registration.
Article 38 Where the registrant intends to continue to use the
registered trademark beyond the expiration of the period of
validity, an application for renewal of the registration shall be
made within six months before the said expiration. Where no
application therefore has been filed within the said period, a
grace period of six months may be allowed. If no application has
been filed at the expiration the grace period, the registered
trademark shall be cancelled.
The period of validity of each renewal of registration shaIl be
ten years.
Any renewa1 of registration shall be published after it as been
approved.
Article 39 Where a registered trademark is assigned, the
assignor and assignee shall conclude a contract for the 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, and the assignee enjoys the exclusive
right to use the trademark from the date of publication.
Article 40 Any trademark registrant may, by signing a trademark
license contf8ct, authorize other persons to use his registered
trademark. The licensor shall supervise the quality of the goods in
respect of which the licensee uses his registered trademark, and
the licensee shall guarantee the quality of the goods in respect of
which the registered Trademark is used.
Where any party is authorized to use a registered trademark of
another person, the name of the licensee and the 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 record.
Chapter V Adjudication of Disputes Concerning Registered
Trademarks
Article 41 Where a registered trademark stands in violation of
the provisions of Articles 10, 11 and 12 of this Law, or the
registration of a trademark was acquired by fraud or any other
unfair means, the Trademark Office shall cancel the registered
trademark in question; and any other organization or individual may
request the Trademark Review and Ad judication Board to make an
adjudication to cancel such a registered trademark.
Where a registered trademark stands in violation of the
provisions of Articles l3, l5, l6 and 3l of this Law, any other
trademark owner concerned or interested party may, within five
years from the date of the registration of the trademark, file a
request with the Trademark Review and Adjudication Board for
adjudication to cancel the registered trademark. Where a well-known
mark is registered in bad faith, the genuine owner thereof shall
not be restricted by the five-year limitation.
In addition to those cases as provided for in the preceding two
paragraphs, any person disputing a registered trademark may, within
five years from the date of approval of the trademark registration,
apply to the Trademark Review and Adjudication Board for
adjudication.
The Trademark Review and Adjudication Board shall, after receipt
of the application for adjudication, notify the interested parties
and request them to respond with arguments within a specified
period.
Article 42 Where a trademark, before its being approved for
registration, has been the object of opposition and decision, no
application for adjudication may be filed based on the same facts
and grounds.
Article 43 After the Trademark Review and Adjudication Board has
made an adjudication either to maintain or to cancel a registered
trademark, it shall notify the interested parties of the same in
writing.
Any interested party who is dissatisfied with the adjudication
made by the Trademark Review and Adjudication Board may, within
thirty days from the date of receipt of the notice, institute legal
proceedings in the People's Court. The People's Court shall notify
the other party of the trademark adjudication proceeding to be a
third party to the legal proceedings.
Chapter Vl Administration of the Use of
Trademarks
Article 44 Where any person who uses a registered trademark has
committed any of the following, the Trademark Office shall order
him to rectify the situation within a specified period or even
cancel the registered trademark:
(1) where a registered trademark is altered unilaterally (that
is, without the required registration);
(2) where the name, address or other registered matters
concerning the registrant of a registered trademark are changed
unilaterally (that is, without the required application ),
(3) where the registered trademark is assigned unilaterally
(that is, without the required approval); or
(4) where the use of the registered trademark has ceased for
three consecutive years.
Article 45 Where a registered trademark is used in respect of
the goods that have been roughly or poorly manufactured, or whose
superior quality has been replaced by inferior quality, so that
consumers are deceived, the administrative authorities for industry
and commerce at different levels shall, according to the
circumstances, order rectification of the situation within a
specified period, and may, in addition, circulate a notice of
criticism or impose a fine, and the Trademark Office may even
cancel the registered trademark.
Article 46 Where a registered trademark has been cancelled or
has not been renewed at the expiration, the Trademark Office shall,
during one year from the date of the cancellation or removal
thereof, approve no application for the registration of a trademark
that is identical with or similar to the said 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 period, 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
trademark, order him to rectify the situation within a specified
period, 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;
or
(3) where the manufacture is of rough or poor quality, or where
superior quality is replaced by inferior quality, so that
'consumers are deceived.
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 corresponding notice, apply for a
review. The Trademark Review and Adjudication Board shall make a
decision and notify the applicant in writing.
Any interested party dissatisfied with the decision by the
Trademark Review and Adjudication Board may, within thirty days
from the date of receipt of the notice, institute legal proceedings
in the People's Court.
Article 50 Any party dissatisfied with the decision of the
administrative authority for industry and commerce to impose a fine
under the provisions of Article 45, Article 47 or Article 48 may,
within fifteen days from receipt of the corresponding notice,
institute legal proceedings with the People's Court. If there have
been instituted no legal proceedings or made no performance of the
decision at the expiration of the said period, the administrative
authority for industry and commerce may request the People's Court
for compulsory execution thereof.
Chapter VlI Protection of the ExcIusive Rights to Use
Registered Trademarks
Article 51 The exclusive right to use a registered trademark is
limited to the trademark which has been approved for registration
and to the goods in respect of which the use of the trademark has
been approved.
Article 52 Any of the following acts shall be an infringement of
the exclusive right to use a registered trademark:
(1) to use a trademark that is identical with or similar to a
registered trademark in respect of the identical or similar goods
without the authorization from the trademark registrant;
(2) to sell goods that he knows bear a counterfeited registered
trademark;
(3) to counterfeit, or to make, without authorization,
representations of a registered trademark of another person, or to
sell such representations of a registered trademark as were
counterfeited, or made without authorization;
(4) to replace, without the consent of the trademark registrant,
its or his registered trademark and market again the goods bearing
the replaced trademark; or
(5) to cause, in other respects, prejudice to the exclusive
right of another person to use a registered trademark.
Article 53 Where any party has committed any of such acts to
infringe the exclusive right to use a registered trademark as
provided for in Article 52 of this Law and has caused a dispute,
the interested parties shall resolve the dispute through
consultation; where they are reluctant to resolve the matter
through consultation or the consultation fails, the trademark
registrant or interested party may institute legal proceedings in
the People's Court or request the administrative authority for
industry and commerce for actions. Where it is established that the
infringing act is constituted in its handling the matter, the
administrative authority for industry and commerce handling the
matter shall order the infringer to immediately stop the infringing
act, confiscate and destroy the infringing goods and tools
specially used for the manufacture of the infringing goods and for
counterfeiting the representations of the registered trademark, and
impose a fine. Where any interested party is dissatisfied with
decision on handling the matter, it or he may, within fifteen days
from the date of receipt of the notice, institute legal proceedings
in the People's Court according to the Administrative Procedure Law
of the People's Republic of China. If there have been instituted no
legal proceedings or made on performance of the decision at the
expiration of the said period, the administrative authority for
industry and commerce shall request the People's Court for
compulsory execution thereof. The administrative authority for
industry and commerce handling the matter may, upon the request of
the interested party, medicate on the amount of compensation for
the infringement of the exclusive right to use the trademark; where
the medication fails, the interested party may institute legal
proceedings in the People's Court according to the Civil Procedure
Law of the People's Republic of China.
Article 54 The administrative authority for industry and
commerce has the power to investigate and handle any act of
infringement of the exclusive right to use a registered trademark
according to law; where the case is so serious as to constitute a
crime, it shall be transferred to the judicial authority for
handling.
Article 55 When investigating and handling an act suspected of
infringement of a registered trademark, the administrative
authority for industry and commerce at or above the county level
may, according to the obtained evidence of the suspected violation
of law or informed offence, exercise the following functions and
authorities:
(1 ) to inquire of the interested parties involved, and to
investigate the relevant events of the infringement of the
exclusive right to use the trademark;
(2) to read and make copy of the contract, receipts, account
books and other relevant materials of the interested parties
relating to the infringement;
(3) to inspect the site where the interested party committed the
alleged infringement of the exclusive right to use the trademark;
and
(4) to inspect any articles relevant to the infringement; any
articles that prove to have been used for the infringement of
another person's exclusive right to use the trademark may be sealed
up or seized.
When the administrative authority for industry and commerce
exercises the preceding functions and authorities, the interested
party shall cooperate and help, and shall not refuse to do so or
stand in the way.
Article 56 The amount of damages shall be the profit that the
infringer has earned because of the infringement in the period of
the infringement or the injury that the infringee has suffered from
the infringement in the period of the infringement, including the
appropriate expenses of the infringee for stopping the
infringement.
Where it is difficult to determine the profit that the infringer
has earned because of the infringement in the period of the
infringement or the injury that the infringee has suffered from the
infringement in the period of the infringement, the People's Court
shall impose an amount of damages of no more than RMB 500, 000 yuan
according to the circumstances of the infringement.
Anyone who sells a goods that it or he does not know has
infringed the exclusive right to use a registered trademark, and is
able to prove that it or he has obtained the goods legitimately and
indicates the supplier thereof shall not bear the liability for
damages.
Article 57 Where a trademark registrant or interested party who
has evidence to show that another person is committing or will
commit an infringement of the right to use its or his registered
trademark, and that failure to promptly stop the infringement will
cause irreparable damages to its or his legitimate rights and
interests, it or he may file an application with the People's Court
to order cessation of the relevant act and to take measures for
property preservation before instituting legal proceedings in the
People's Court.
The People's Court handling the application under the preceding
paragraph shall apply the provisions of Articles 93 to 96 and 99 of
the Civil Procedure Law of the People's Republic of China.
Article 58 In order to stop an infringing act, any trademark
registrant or interested party may file an application with the
People's Court for preservation of the evidence before instituting
legal proceedings in the People's Court where the evidence will
possibly be destroyed or lost or difficult to be obtained again in
the future. The People's Court must make adjudication within
forty-eight hours after receipt of the application; where it is
decided to take the preservative measures, the measures shall be
executed immediately. The People's Court may order the applicant to
place guaranty; where the applicant fails to place the guaranty,
the application shall be rejected.
Where the applicant institutes no legal proceedings within
fifteen days after the People's Court takes the preservative
measures, the People's Court shall release the measures taken for
the preservation.
Article 59 Where any party uses, without the authorization from
the trademark registrant, a trademark identical with a registered
trademark, and the case is so serious as to constitute a crime, he
shall be prosecuted, according to law, for his criminal liabilities
in addition to his compensation for the damages suffered by the
infringee.
Where any party counterfeits, or makes, without authorization,
representations of a registered trademark of another person, or
sells such representations of a registered trademark as were
counterfeited, or made without authorization, and the case is so
serious as to constitute a crime, he shall be prosecuted, according
to law, for his criminal liabilities in addition to his
compensation for the damages suffered by the infringee.
Where any party sells goods that he knows bear a counterfeited
registered trademark, and the case is so serious as to constitute a
crime, he shall be prosecuted, according to law, for his criminal
liabilities in addition to his compensation for the damages
suffered by the infringee.
Article 60 The State functionaries for the registration,
administration and reexamination of trademarks must handle cases
according to law, be incorruptible and disciplined, devoted to
their duties and courteous and honest in their provision of
service.
The State functionaries of the Trademark Office and the
Trademark Review and Adjudication Board and those working for the
registration, administration and reexamination of trademarks shall
not practice as trademark agent and engage in any activity to
manufacture and market goods.
Article 61 The administrative authority for industry and
commerce shall establish and amplify its internal supervision
system to supervise and inspect the State functionaries for the
registration, administration and reexamination of trademarks in
their implementation of the laws and administrative regulations and
in their observation of the discipline.
Article 62 Where any State functionary for the registration,
administration and reexamination of trademarks neglects his duty,
abuses his power, engages in malpractice for personal gain, handles
the registration, administration and reexamination of trademarks in
violation of law, accepts money or material wealth from any
interested party or seeks illicit interest, which constitutes a
crime, he or she shall be prosecuted for his or her criminal
liabi1ity. If the case is not serious enough to constitute a crime,
he or she shall be given disciplinary sanction according to
law.
Chapter VIII Supplementary Provisions
Article 63 Any application for a trademark registration and for
other matters concerning a trademark shall be subject to payment of
the fees as prescribed. The schedule of fees shall be prescribed
separately.
ArticIe 64 This Law shall enter into force on March l, l983. The
"Regulations Governing Trademarks" promulgated by the State Council
on April l0, l963 shall be abrogated on the same date, and any
other provisions concerning trademarks contrary to this Law shall
cease to be effective at the same time.
Trademarks registered before this Law enters into force shall
continue to be valid.
Source: Ministry of Science and Technology