Laws

Passed by the 24th Session of the Standing Committee of the Fifth National People's Congress on 23 August 1982


First Revision pursuant to the Decision on Revision of the "Trademark Law of the People's Republic of China" of the 30th Session of the Standing Committee of the Seventh National People's Congress on 22 February 1993


Second Revision pursuant to the Decision on Revision of the "Trademark Law of the People's Republic of China" of the 24th Session of the Standing Committee of the Ninth National People's Congress on 27 October 2001


Third Revision pursuant to the Decision on Revision of the "Trademark Law of the People's Republic of China" of the 4th Session of the Standing Committee of the Twelfth National People's Congress on 30 August 2013

Contents

Chapter 1 General Principles

Chapter 2 Trademark Registration Applications

Chapter 3 Examination and Approval of Trademark Registration

Chapter 4 Renewal, Change, Transfer and Licensing of Registered Trademarks

Chapter 5 Invalidation of Registered Trademarks

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(Adopted by the Decree of the State Council of the People's Republic of China No. 358 on 3 August 2002, and amended by the Decree of State Council of the People's Republic of China No. 651)

Chapter 1 General Principles

Article 1 These Regulations are formulated pursuant to the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law").


Article 2 he provisions of these Regulations on trademarks shall apply to service marks.


Article 3 A trademark holder requesting for protection of famous trademark pursuant to the provisions of Article 13 of the Trademark Law shall submit evidential materials to prove that the said trademark is a famous trademark. The Trademark Bureau and the Trademark Review and Adjudication Board shall determine, pursuant to the provisions of Article 14 of the Trademark Law, the status of fame of the said trademark in accordance with the needs for review and handling of cases and the evidential materials submitted by the party concerned.


Article 4 A geographical indication stipulated in Article 16 of the Trademark Law may, pursuant to the provisions of the Trademark Law and these Regulations, be registered as a certification mark or a collective mark....

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Chapter 1 General Principles

Article 1 These Regulations are formulated pursuant to the Customs Law of the People's Republic of China for the purposes of enforcing Customs protection of intellectual property rights, promoting economic trade with foreign countries and scientific, technological and cultural exchange, and safeguarding public interest.


Article 2 Customs protection of intellectual property rights referred to in these Regulations shall mean the protection implemented by the Customs on the rights to the exclusive use of trademarks, copyrights and copyright-related rights, and patent rights (hereinafter referred to collectively as the "Intellectual Property Rights") in respect of the imports and exports under the protection of the laws and administrative regulations of the People's Republic of China.


Article 3 Imports and exports that have infringed upon intellectual property rights shall be prohibited by the State.
The Customs shall implement protection of intellectual property rights pursuant to the provisions of the relevant laws and these Regulations, and exercise the relevant powers stipulated by the Customs Law of the People's Republic of China.


Article 4 Where an intellectual property rights holder requests the Customs to enforce protection of intellectual property rights, the intellectual property rights holder shall submit an application to the Customs for adoption of protection measures.


Article 5 The consignee of imports or its agent, and the consignor of exports or its agent shall truthfully declare to the Customs the details of intellectual property rights relating to the imports and exports, and submit the relevant proof documents pursuant to the regulations of the State....

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(Promulgated on 17 April 2003 via the Decree of the State Administration for Industry and Commerce No. 5, and revised on 3 July 2014 pursuant to the Decree of the State Administration for Industry and Commerce No. 66)


Article 1 These Provisions are formulated pursuant to the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"), the Implementation Regulations for the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law Implementation Regulations") for the purposes of standardizing recognition of famous trademarks, protecting the legitimate rights and interests of holders of famous trademarks.


Article 2 Famous trademarks are trademarks well-known in China among the relevant public.
The relevant public shall include consumers of certain commodities or services bearing the said trademark, business operators who manufacture the aforesaid commodities or provide the said services and sales persons and the relevant personnel involved in the distribution channels.


Article 3 The Trademark Bureau and the Trademark Review and Adjudication Board shall be responsible for recognition and protection of famous trademarks pursuant to the request of a party concerned and the requirements for examination and handling of cases during the process of examination of trademark registration and handling of trademark disputes and investigation of trademark violation cases by the administration for industry and commerce.


Article 4 Recognition of famous trademarks shall adhere to the principles of case-by-case recognition and passive protection....


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General Remarks

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

GOODS

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

  • A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.
  • A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.
  • Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.
  • Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.
  • When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.
  • Cases adapted to the product they are intended to contain are in principle classified in the same class as the product. …
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