Chapter 1 General Provisions

Article 1: This regulation is formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Article 2: The provisions of this Regulation regarding commodity trademarks shall apply to service trademarks.

Article 3: The use of trademarks referred to in the Trademark Law and these Regulations includes the use of trademarks on goods, packaging or containers of goods, and commercial documents, or the use of trademarks in advertising, exhibitions, and other commercial activities.

Article 4: The goods that must use a registered trademark as stipulated by the state in Article 6 of the Trademark Law refer to the goods that must use a registered trademark as stipulated by laws and administrative regulations.

Article 5: In accordance with the provisions of the Trademark Law and these Regulations, if a dispute arises during the process of trademark registration or trademark review, and the relevant parties believe that their trademark constitutes a well-known trademark, they may apply to the Trademark Office or the Trademark Review and Adjudication Board for recognition of the well-known trademark, reject the trademark registration application that violates Article 13 of the Trademark Law, or revoke the trademark registration that violates Article 13 of the Trademark Law. When the parties concerned submit an application, they shall provide evidence that their trademark constitutes a well-known trademark.

The Trademark Office and the Trademark Review and Adjudication Board shall, upon the request of the parties concerned and based on the investigation of facts, determine whether their trademark constitutes a well-known trademark in accordance with Article 14 of the Trademark Law.

Article 6: The geographical indications specified in Article 16 of the Trademark Law may be applied for registration as proof trademarks or collective trademarks in accordance with the provisions of the Trademark Law and these Regulations.

If a geographical indication is used as a proof trademark for registration, natural persons, legal persons or other organizations whose goods meet the conditions for using the geographical indication may request the use of the proof trademark, and the organization controlling the proof trademark shall allow it. Natural persons, legal persons, or other organizations whose goods meet the conditions for using a geographical indication registered as a collective trademark may request to participate in a group, association, or other organization registered as a collective trademark using the geographical indication. The group, association, or other organization shall accept it as a member in accordance with its articles of association; If it is not required to participate in a group, association or other organization that registers the geographical indication as a collective trademark, the geographical indication can still be used legitimately, and the group, association or other organization has no right to prohibit it.

Article 7: When a party entrusts a trademark agency to apply for trademark registration or handle other trademark matters, it shall submit a power of attorney. The power of attorney shall specify the content and authority of the agency; The power of attorney for foreigners or foreign enterprises should also specify the nationality of the principal.

The notarization and authentication procedures for the power of attorney and related supporting documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.

The term "foreigner" or "foreign enterprise" referred to in Article 18 of the Trademark Law refers to a foreigner or foreign enterprise who does not have a habitual residence or place of business in China.

Article 8: When applying for trademark registration or handling other trademark matters, Chinese shall be used.

If various certificates, supporting documents, and evidence materials submitted in accordance with the Trademark Law and these Regulations are in foreign languages, Chinese translations shall be attached; If not attached, it shall be deemed that the certificate, supporting documents or evidence materials have not been submitted.

Article 9: If any staff member of the Trademark Office or the Trademark Review and Adjudication Board falls under any of the following circumstances, they shall recuse themselves, and the parties or interested parties may request their recusal:

（1） If it is a party or a close relative of a party or agent;

（2） Having other relationships with the parties or agents that may affect fairness;

（3） Those who have an interest in applying for trademark registration or handling other trademark matters.

Article 10: Except as otherwise provided in these Regulations, the date on which the parties submit documents or materials to the Trademark Office or the Trademark Review and Adjudication Board shall prevail if submitted directly; For mailing, the date of the postmark sent shall prevail; If the postmark date is unclear or there is no postmark, the actual receipt date of the Trademark Office or Trademark Review and Adjudication Board shall prevail, except where the parties can provide evidence of the actual postmark date.

Article 11: Various documents of the Trademark Office or the Trademark Review and Adjudication Board may be delivered to the parties concerned by mail, direct submission, or other means. If the parties entrust a trademark agency organization, the delivery of documents to the trademark agency organization shall be deemed as delivery to the parties.

The date on which the Trademark Office or Trademark Review and Adjudication Board delivers various documents to the parties shall be based on the postmark date received by the parties if mailed; If the postmark date is unclear or there is no postmark, the document shall be deemed delivered to the party concerned after 15 days from the date of issuance; For direct submission, the submission date shall prevail. If the document cannot be mailed or directly submitted, it can be delivered to the parties through public announcement. After 30 days from the date of announcement, the document shall be deemed to have been delivered.

Article 12: International registration of trademarks shall be handled in accordance with the relevant international treaties to which China is a party. The specific measures shall be formulated by the State Administration for Industry and Commerce.

Chapter 2: Application for Trademark Registration

Article 13: When applying for trademark registration, the application shall be filed according to the published classification table of goods and services. Each trademark registration application shall submit one copy of the "Trademark Registration Application" and five copies of the trademark design to the Trademark Office; Specify the color and submit 5 coloring drawings and 1 black and white draft.

The trademark design must be clear and easy to paste, printed on smooth and durable paper or replaced with photos, and the length or width should not exceed 10 centimeters and not be less than 5 centimeters.

If applying for trademark registration with a three-dimensional symbol, it shall be declared in the application form and a design that can determine the three-dimensional shape shall be submitted.

If a trademark is registered by combining colors, it shall be declared in the application form and a written explanation shall be submitted.

Those who apply for the registration of collective trademarks or certification trademarks shall make a declaration in the application form and submit proof of subject qualification documents and usage management rules.

If the trademark is in a foreign language or contains a foreign language, its meaning shall be explained.

Article 14: For trademark registration applications, the applicant shall submit copies of valid identification documents that can prove their identity. The name of the trademark registration applicant should be consistent with the documents submitted.

Article 15: The names of goods or service items shall be filled in according to the classification table of goods and services; If the product name or service item is not included in the classification table of goods and services, an explanation of the product or service should be attached.

The relevant documents such as trademark registration application shall be typed or printed.

Article 16: If jointly applying for registration of the same trademark, a representative shall be designated in the application form; If no representative is designated, the first person in the order listed in the application shall be the representative.

Article 17: If the applicant changes its name, address, agent, or deletes designated goods, it may handle the change procedures with the Trademark Office.

If the applicant transfers their trademark registration application, they shall handle the transfer procedures with the Trademark Office.

Article 18: The application date for trademark registration shall be based on the date on which the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled out in accordance with the regulations, the Trademark Office will accept it and notify the applicant in writing; If the application procedures are incomplete or the application documents are not filled out according to the regulations, the Trademark Office will not accept it, and the applicant will be notified in writing with reasons explained.

If the application procedures are basically complete or the application documents basically comply with the regulations, but need to be supplemented, the Trademark Office shall notify the applicant to make corrections, and require them to make corrections according to the specified content and return them to the Trademark Office within 30 days from the date of receiving the notification. If the correction is made within the prescribed time limit and returned to the Trademark Office, the application date shall be retained; If no correction is made within the time limit, the application shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.

Article 19: If two or more applicants apply for registration of the same or similar trademark on the same or similar goods on the same day, each applicant shall submit evidence of their prior use of the trademark within 30 days from the date of receiving notification from the Trademark Office. If used on the same day or not used at all, each applicant may negotiate on their own within 30 days from the date of receiving notification from the Trademark Office and submit a written agreement to the Trademark Office; If unwilling to negotiate or unable to reach an agreement, the Trademark Office shall notify each applicant to determine one applicant by drawing lots and reject the registration applications of others. If the Trademark Office has notified the applicant but the applicant did not participate in the drawing, it shall be deemed that the application has been abandoned, and the Trademark Office shall notify the applicant who did not participate in the drawing in writing.

Article 20: If priority is claimed in accordance with Article 24 of the Trademark Law, a copy of the first application for trademark registration submitted by the applicant shall be certified by the trademark authority that accepted the application, and the application date and number shall be indicated.

If priority is claimed in accordance with Article 25 of the Trademark Law, the supporting documents submitted by the applicant shall be authenticated by the institution designated by the State Administration for Industry and Commerce; International exhibitions showcasing its products are not held within China.

Chapter 3 Examination of Trademark Registration Applications

Article 21: The Trademark Office shall examine the trademark registration applications accepted in accordance with the relevant provisions of the Trademark Law and these Regulations. If the registration applications that comply with the provisions or use the trademark on some designated goods comply with the provisions, they shall be preliminarily approved and announced; For registration applications that do not comply with regulations or use trademarks on some designated goods that do not comply with regulations, they shall be rejected or rejected. The applicant shall be notified in writing and the reasons shall be explained.

If the Trademark Office has preliminarily approved a registration application for the use of a trademark on some designated goods, the applicant may apply to abandon the registration application for the use of a trademark on some designated goods before the expiration of the objection period; If the applicant abandons the registration application for using the trademark on some designated goods, the Trademark Office shall withdraw the original preliminary approval, terminate the examination procedure, and re announce.

Article 22: If an opposition is raised against a trademark that has been preliminarily approved and published by the Trademark Office, the objector shall submit two copies of the trademark opposition letter to the Trademark Office. The trademark opposition letter shall specify the issue number and preliminary approval number of the opposed trademark published in the Trademark Announcement. The trademark opposition letter should have clear requests and factual basis, and be accompanied by relevant evidence materials.

The Trademark Office shall promptly send a copy of the trademark opposition to the respondent and require them to defend within 30 days from the date of receiving the copy of the trademark opposition. If the respondent does not defend, it does not affect the objection ruling of the Trademark Office.

If the parties need to supplement relevant evidence materials after filing an objection application or defense, they shall declare it in the application or defense and submit it within 3 months from the date of submission of the application or defense; If the deadline for submission is not met, it shall be deemed that the parties have waived the need to supplement relevant evidence materials.

Article 23: The establishment of an objection referred to in Article 34 (2) of the Trademark Law includes the establishment on some designated goods. If the objection is established on some designated goods, the trademark registration application on those designated goods will not be approved.

If the opposed trademark has already published a registration announcement before the opposition ruling takes effect, the original registration announcement shall be revoked, and the trademark approved for registration by the opposition ruling shall be re announced.

A trademark that has been approved for registration through an objection ruling shall not have retrospective effect on the use of a mark identical or similar to the trademark by others on the same or similar goods from the expiration of the objection period until the objection ruling takes effect; However, compensation should be given for the losses caused to the trademark registrant due to the malicious actions of the user.

The deadline for filing an application for review of a trademark that has been approved for registration by an opposition ruling shall be calculated from the date of the announcement of the opposition ruling for that trademark.

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

Article 24: If the name, address, or other registration matters of the trademark registrant are changed, an application for change shall be submitted to the Trademark Office. After approval by the Trademark Office, corresponding certificates will be issued to the trademark registrant and announced; If it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

If the name of the trademark registrant is changed, a certificate of change issued by the relevant registration authority shall also be submitted. For those who have not submitted the proof of change documents, they can submit them within 30 days from the date of application; If the application for change is not submitted within the deadline, it shall be deemed as abandonment, and the Trademark Office shall notify the applicant in writing.

If the name or address of the trademark registrant is changed, the trademark registrant shall change all of its registered trademarks together; If the changes are not made together, it shall be deemed that the application for change has been abandoned, and the Trademark Office shall notify the applicant in writing.

Article 25: If a registered trademark is transferred, the transferor and transferee shall submit an application for the transfer of the registered trademark to the Trademark Office. The application procedures for transferring a registered trademark shall be handled by the assignee. After the Trademark Office approves the transfer of the registered trademark application, it shall issue corresponding certificates to the assignee and make a public announcement.

If a registered trademark is transferred, the trademark registrant shall transfer all identical or similar trademarks registered on the same or similar goods together; If it is not transferred together, the Trademark Office shall notify it to make corrections within a specified period of time; If no correction is made upon expiration, it shall be deemed as giving up the application for the transfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.

The Trademark Office shall not approve applications for the transfer of registered trademarks that may cause misidentification, confusion, or other adverse effects, and shall notify the applicant in writing and explain the reasons.

Article 26: If the exclusive right to a registered trademark is transferred for reasons other than transfer, the party accepting the transfer of the exclusive right to a registered trademark shall handle the transfer procedures at the Trademark Office with relevant supporting documents or legal documents.

If the exclusive right to a registered trademark is transferred, the same or similar trademarks registered by the exclusive right holder on the same or similar goods shall be transferred together; If not transferred together, the Trademark Office shall notify them to make corrections within a specified period of time; If no correction is made upon expiration, it shall be deemed as giving up the application for transferring the registered trademark, and the Trademark Office shall notify the applicant in writing.

Article 27: If a registered trademark needs to be renewed, an application for trademark renewal registration shall be submitted to the Trademark Office. After the Trademark Office approves the application for trademark registration renewal, it shall issue corresponding certificates and make public announcements.

The validity period of the renewed registered trademark shall be calculated from the day after the expiration of the previous validity period of the trademark.

Chapter 5 Trademark Review and Adjudication

Article 28: The Trademark Review and Adjudication Board shall accept trademark review applications submitted in accordance with Articles 32, 33, 41, and 49 of the Trademark Law. The Trademark Review and Adjudication Board conducts reviews based on facts and in accordance with the law.

Article 29: The term "dispute over a registered trademark" referred to in the third paragraph of Article 41 of the Trademark Law means that the trademark registrant who applied for registration first believes that a trademark applied for registration later by another person is the same or similar to a registered trademark on the same or similar goods.

Article 30: When applying for trademark review, an application shall be submitted to the Trademark Review and Adjudication Board, and corresponding copies shall be submitted according to the number of opposing parties; For applications for reexamination based on the decision or ruling of the Trademark Office, a copy of the decision or ruling of the Trademark Office shall also be attached.

After receiving the application, the Trademark Review and Adjudication Board shall accept it if it meets the acceptance criteria after examination; Those that do not meet the acceptance criteria will not be accepted, and the applicant will be notified in writing with reasons explained; If corrections are required, the applicant shall be notified to make corrections within 30 days from the date of receipt of the notification. If it still does not meet the requirements after correction, the Trademark Review and Adjudication Board shall not accept it, and shall notify the applicant in writing and explain the reasons; If no correction is made within the time limit, the application shall be deemed withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing.

If the Trademark Review and Adjudication Board finds that a trademark review application does not meet the acceptance criteria after accepting it, it shall reject it, notify the applicant in writing, and explain the reasons.

Article 31: After accepting a trademark review application, the Trademark Review and Adjudication Board shall promptly send a copy of the application to the opposing party and require them to defend within 30 days from the date of receiving the copy of the application; If there is no defense within the deadline, it does not affect the review of the Trademark Review and Adjudication Board.

Article 32: If a party needs to supplement relevant evidence materials after submitting an application for review or defense, it shall declare in the application or defense and submit it within 3 months from the date of submission of the application or defense; Those who fail to submit within the deadline shall be deemed to have waived the need to supplement relevant evidence materials.

Article 33: The Trademark Review and Adjudication Board may decide to conduct a public review of an application for review based on the request or actual needs of the parties involved.

If the Trademark Review and Adjudication Board decides to conduct a public review of the review application, it shall notify the parties in writing 15 days before the public review, informing them of the date, location, and reviewers of the public review. The parties shall respond within the time limit specified in the notice.

If the applicant does not respond or participate in the public review, their review application shall be deemed withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; If the respondent does not respond or participate in the public review, the Trademark Review and Adjudication Board may be absent from the review.

Article 34: If the applicant requests to withdraw the application before the Trademark Review and Adjudication Board makes a decision or ruling, they may do so by explaining the reasons in writing to the Trademark Review and Adjudication Board; If the application is withdrawn, the evaluation process shall be terminated.

Article 35: If the applicant withdraws the trademark review application, they shall not submit another review application based on the same facts and reasons; If the Trademark Review and Adjudication Board has already made a ruling or decision on a trademark review application, no one may submit another review application based on the same facts and reasons.

Article 36: If a registered trademark is revoked in accordance with Article 41 of the Trademark Law, its exclusive right to use the trademark shall be deemed to have ceased to exist from the very beginning. The decision or ruling on the revocation of a registered trademark, the judgment or ruling of the people's court on trademark infringement cases that have been executed before the revocation, the handling decision of trademark infringement cases that have been executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been fulfilled, do not have retroactive effect; However, compensation should be given for the losses caused by the trademark registrant's malicious acts towards others.

Chapter 6 Management of Trademark Use

Article 37: When using a registered trademark, the "registered trademark" or registration mark may be indicated on the goods, packaging, instructions, or other attachments.

The registration marks include (note plus ○) and (R plus ○). The registration mark should be marked in the upper right corner or lower right corner of the trademark.

Article 38: If the Trademark Registration Certificate is lost or damaged, an application for reissuance shall be made to the Trademark Office. If the Trademark Registration Certificate is lost, a statement of loss shall be published in the Trademark Announcement. The damaged Trademark Registration Certificate should be returned to the Trademark Office when submitting a replacement application.

Those who forge or alter the Trademark Registration Certificate shall be held criminally responsible in accordance with the provisions of the Criminal Law on the crime of forging or altering state organ certificates or other crimes.

Article 39: If any of the acts specified in Article 44 (1), (2), or (3) of the Trademark Law are committed, the administrative department for industry and commerce shall order the trademark registrant to make corrections within a specified period of time; Those who refuse to make corrections shall apply to the Trademark Office for revocation of their registered trademark.

Anyone who engages in the act specified in Article 44 (4) of the Trademark Law may apply to the Trademark Office for the revocation of the registered trademark and provide relevant information. The Trademark Office shall notify the trademark registrant and require them to submit evidence materials or explain the legitimate reasons for not using the trademark before the revocation application is filed within 2 months from the date of receipt of the notification; If the evidence materials for use are not provided upon expiration or the evidence materials are invalid without justifiable reasons, the Trademark Office shall revoke the registered trademark.

The evidence materials referred to in the preceding paragraph include the evidence materials of the trademark registrant's use of the registered trademark and the evidence materials of the trademark registrant's permission for others to use the registered trademark.

Article 40: Registered trademarks that have been revoked in accordance with Articles 44 and 45 of the Trademark Law shall be announced by the Trademark Office; The exclusive right to use the registered trademark shall terminate from the date of the revocation decision made by the Trademark Office.

Article 41: If the Trademark Office or the Trademark Review and Adjudication Board revokes a registered trademark and the reasons for revocation only apply to a portion of the designated goods, the trademark registration used on that portion of the designated goods shall be revoked.

Article 42: The amount of fines imposed in accordance with Articles 45 and 48 of the Trademark Law shall be no more than 20% of the illegal business revenue or no more than twice the illegal profits.

The amount of fines imposed in accordance with Article 47 of the Trademark Law shall not exceed 10% of the illegal business revenue.

Article 43: If the licensor permits others to use their registered trademark, they shall submit a copy of the trademark license contract to the Trademark Office for filing within three months from the date of signing the contract.

Article 44: Those who violate the provisions of Article 40 (2) of the Trademark Law shall be ordered by the administrative department for industry and commerce to make corrections within a specified period of time; If the correction is not made within the prescribed time, the trademark identification shall be confiscated; If it is difficult to separate the trademark logo from the goods, they shall be confiscated and destroyed together.

Article 45: If the use of a trademark violates the provisions of Article 13 of the Trademark Law, the relevant parties may request the administrative department for industry and commerce to prohibit its use. When the parties submit an application, they shall provide evidence that their trademark constitutes a well-known trademark. If a trademark is recognized as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law, confiscate or destroy its trademark logo; If it is difficult to separate the trademark logo from the goods, they shall be confiscated and destroyed together.

Article 46: If a trademark registrant applies to cancel its registered trademark or cancel its trademark registration on certain designated goods, it shall submit a trademark cancellation application to the Trademark Office and return the original Trademark Registration Certificate.

If a trademark registrant applies for the cancellation of their registered trademark or the cancellation of their trademark registration on certain designated goods, the exclusive right to use the registered trademark or the effectiveness of the exclusive right to use the registered trademark on such designated goods shall terminate from the date of receipt of the cancellation application by the Trademark Office.

Article 47: If the trademark registrant dies or terminates, and the transfer procedures for the registered trademark have not been completed within one year from the date of death or termination, anyone may apply to the Trademark Office for cancellation of the registered trademark. If an application for cancellation is submitted, evidence of the death or termination of the trademark registrant shall be submitted.

If a registered trademark is cancelled due to the death or termination of the trademark registrant, the exclusive right to use the registered trademark shall terminate from the date of the death or termination of the trademark registrant.

Article 48: If a registered trademark is revoked or cancelled in accordance with the provisions of Articles 46 and 47 of these Regulations, the original Trademark Registration Certificate shall be invalidated; If the registration of the trademark is revoked on some designated goods, or if the trademark registrant applies to cancel the registration of its trademark on some designated goods, the Trademark Office shall annotate and return the original Trademark Registration Certificate, or reissue the Trademark Registration Certificate and make it public.

Chapter 7 Protection of Exclusive Rights to Registered Trademarks

Article 49: If a registered trademark contains the generic name, graphics, model, or directly indicates the quality, main raw materials, function, purpose, weight, quantity, and other characteristics of the goods, or contains a place name, the exclusive right holder of the registered trademark has no right to prohibit others from using it legitimately.

Article 50: Any of the following acts shall be deemed as an infringement of the exclusive right to use a registered trademark under Article 52 (5) of the Trademark Law:

（1） Using a mark that is identical or similar to another person's registered trademark as a product name or decoration on the same or similar goods, misleading the public;

（2） Intentionally providing convenient conditions such as warehousing, transportation, mailing, and concealment for infringing on the exclusive right to use a registered trademark of others.

Article 51: Anyone may file a complaint or report to the administrative department for industry and commerce regarding the infringement of the exclusive right to use a registered trademark.

Article 52: For acts that infringe upon the exclusive right to use a registered trademark, a fine of no more than three times the amount of illegal business operations shall be imposed; If the illegal business amount cannot be calculated, the fine amount shall be no more than 100000 yuan.

Article 53: If the trademark owner believes that someone else's registration of their well-known trademark as an enterprise name may deceive or cause misunderstandings to the public, they may apply to the competent authority for enterprise name registration to revoke the registration of the enterprise name. The competent authority for enterprise name registration shall handle it in accordance with the "Regulations on the Administration of Enterprise Name Registration".

Chapter 8 Supplementary Provisions

Article 54: Service trademarks that have been continuously used until July 1, 1993, and are identical or similar to service trademarks already registered by others for the same or similar services, may continue to be used; However, if the use is interrupted for more than 3 years after July 1, 1993, it shall not be continued.

Article 55: The specific management measures for trademark agency shall be separately formulated by the State Council.

Article 56: The classification table of goods and services used for trademark registration shall be formulated and published by the State Administration for Industry and Commerce.

The document format for applying for trademark registration or handling other trademark matters shall be formulated and published by the State Administration for Industry and Commerce.

The review rules of the Trademark Review and Adjudication Board are formulated and published by the State Administration for Industry and Commerce.

Article 57: The Trademark Office shall establish a "Trademark Registration Book" to record registered trademarks and related registration matters.

The Trademark Office compiles and publishes the "Trademark Announcement", which publishes trademark registration and other related matters.

Article 58: When applying for trademark registration or handling other trademark matters, fees shall be paid. The items and standards for paying fees shall be formulated and announced by the State Administration for Industry and Commerce in conjunction with the State Administration for Price.

Article 59: This regulation shall come into effect on September 15, 2002. The Implementation Rules of the Trademark Law of the People's Republic of China, issued by the State Council on March 10, 1983, approved for the first revision on January 3, 1988, and approved for the second revision on July 15, 1993, as well as the Reply of the State Council on the Issue of Accompanying Documents for Trademark Registration on April 23, 1995, were simultaneously abolished.