商标法实施条例英文版.doc

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1、【精品文档】如有侵权，请联系网站删除，仅供学习与交流商标法实施条例英文版.精品文档.商标法实施条例（英文版）Implementing Regulations of the Trademark Law of the Peoples Republic of China(Promulgated by the State Council on 3 August 2002) Chapter l General Provisions Article 1 These Implementing Regulations are formulated in accordance with the Trademar

2、k Law of the Peoples Republic of China (hereinafter referred to as the Trademark Law).Article 2 The provisions made in these Implementing Regulations concerning goods marks shall apply to service marks.Article 3 The use of trademarks referred to in the Trademark Law and these Regulations include, am

3、ong other things, the use of trademarks on goods, Packages or containers thereof and commodity trading instruments, or use of trademarks in advertisements, exhibitions and other commercial activities.Article 4 Goods required to bear registered trademarks as prescribed by the State mentioned in Artic

4、le 6 of the Trademark Law refer to goods in respect of which registered trademarks must be used as prescribed by law and administrative regulations.Article 5 Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispu

5、te arises in the course of trademark registration or trademark review and adjudication, he may file a request with the Trademark Office or the Trademark Review and Adjudication Board to establish it as a well-known trademark, to reject the trademark registration application contrary to the provision

6、 of Article l3 of the Trademark Law, or to cancel the trademark registration contrary to the provision of Article 13 of the Trademark Law. When filing an application, an interested party shall submit proofs that his trademark constitutes a well-known trademark.At the request of the interested party,

7、 the Trademark Office or the Trademark Review and Adjudication Board shall, on the basis of ascertained facts, establish whether his trademark constitutes a well-known trademark pursuant to the provision of Article 14 of the Trademark Law.Article 6 Applications may be filed for registration of geogr

8、aphic indications provided for in Article l6 of the Trademark Law as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.Where a geographic indication is registered as a certification mark, the natural person, legal person or other org

9、anization whose goods has met the requirement imposed on the geographic indications may request for using the certification mark, and the organization having control on the certification mark shall give its permission. Where a geographic indication is registered as a collective mark, the natural per

10、son, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for membership of the body, association or other organization having the geographic indication as its collective mark. The body, association or other organization shall accep

11、t him or it as its member according to the articles of constitution thereof. Any person who does not ask to join the body, association or other organization having the geographic indication as its collective mark may also duly use the geographic indication, and the body, association or other organiz

12、ation does not have the right to prohibit the use.Article 7 An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney shall indicate such contents and

13、competence as authorized: the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done b

14、ased on the principle of reciprocity.The foreign person or foreign enterprise mentioned in Article l8 of the Trademark Law refers to the foreign person who or foreign enterprise which does not have its habitual residence or place of business in China.Article 8 The Chinese language shall be used in a

15、pplying for trademark registration or attending to other trademark matters.Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translati

16、on is not attached, the certificates, certifying documents and proofs shall be deemed not to have been submitted.Article 9 In any one of the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part

17、 may request him to withdraw: (l) he is a party or a close relative to a party or agent; (2) he is related in such a way with a party or agent insofar as the relation would affect impartiality; or (3) he has interests in an application for trademark registration or an other trademark matters.Article

18、 l0 Unless otherwise provided for in these Regulations, where any document is sent to the Trademark Office or the Trademark Review and Adjudication Board, the date of receipt shall be the date of delivery where it is delivered personally. or the date of posting indicated by the postmark if it is sen

19、t by post; where the date of posting indicated by the postmark is illegible, or there is no postmark, the date of receipt shall be the date on which the Trademark Office or the Trademark Review and Adjudication Board actually receives the document, except that the interested Part is able to present

20、evidence as to the actual date of posting indicated by the postmark.Article 11 Any document of the Trademark Office or the Trademark Review and Adjudication Board may be served by post, by personal delivery or by other means. Where an interested party entrusts a trademark agency, delivery of the doc

21、ument to the trademark agency shall be deemed delivery thereof to the interested party.Where any document is sent to an interested party by the Trademark Office or the Trademark Review and Adjudication Board. the date of receipt shall be the date of receipt indicated by the postmark on which the int

22、erested party receives it if it is sent by post; where the date of Posting indicated by the postmark is illegible, or where there is no postmark. The document shall be deemed to have been delivered to the interested party on the fifteenth day from the date of posting the document; the date of receip

23、t shall be the date of delivery if it is delivered personally. Where any document cannot be sent by post or by personal delivery, the document may be served by making an announcement. At the expiration of the thirtieth day from the date of the announcement, the document shall be deemed to have been

24、served.Article 12 Where an application is filed for international registration, it shall be done in accordance with the relevant international treaties to which China has acceded. The specific measures shall be prescribed by the administrative department for industry and commerce under the State Cou

25、ncil.Chapter II Application for Trademark Registration Article 13 in application for the registration of a trademark, a separate application shall be filed in respect of each class of goods or service according to the published Classification of Goods and Services. For each application for the trade

26、mark registration, an Application for Trademark Registration shall be filed with the Trademark Office, accompanied by five copies of the reproduction of the trademark; if color is claimed, five copies of the color reproduction of the trademark shall be attached, so shall be a black and white design

27、of the trademark.The reproduction of the trademark must be clear and easy to paste and shall be printed on smooth and clean durable paper or substituted by a photograph. Its length or breadth shall not be more than l0 cm and less than 5 cm each.Where an application is filed for the registration of a

28、 three-dimensional sign as a trademark, a statement shall be made in the application, and the reproduction capable of defining the three-dimensional formation be submitted.Where an application is filed for the registration of a combination of colors as a trademark, a statement shall be made in the a

29、pplication, and an explanation thereof be submitted in writing.Where an application is filed for the registration of a certification mark or collective mark, a statement shall be made in the application, and the certificates of the qualification of the applicant and regulations for the administratio

30、n of the use thereof be submitted.Where a trademark is in a foreign language or contains lexical elements in a foreign language, explanation of its meaning shall be made.Article 14 when filing an application for the registration of a trademark, the applicant shall submit a copy of effective certific

31、ate capable of proving his identification. The name of the applicant for trademark registration shall be consistent with the certificate submitted.Article 15 The goods or services shall be listed in the application according to the Classification of Goods and Services. If the goods or services are n

32、ot listed in the Classification of Goods and Services, a description of the 5aid goods or services shall be attached.The documents relating to an application for trademark registration shall be type written or printed.Article 16 If an application is jointly filed for registration of the same tradema

33、rk, a representative shall be designated in the application; if such representative is not designated, the first person listed in the application shall be the representative.Article 17 If an applicant changes his name, address, agent, or deletes or reduces designated goods, he may go through the for

34、malities for the change with the Trademark Office.An applicant who assigns his application for trademark registration shall go through the formalities for the assignment with the Trademark Office.Article 18 the filing date of an application for trademark registration shall be the date on which the T

35、rademark Office receives the application documents.Where the formal requirements of the application are fulfilled and the application form filled out according to the relevant rules, the Trademark Office will accept the application and notify the applicant in writing. Where the formal requirements a

36、re not fulfilled or the application form not filled out according to the relevant rules, the Trademark Office will not accept it, and it shall notify the applicant in writing and explain the reason. Where the formal requirements are basically fulfilled or the application form filled out basica1ly ac

37、cording to the relevant rules, but amendments are required, the Trademark Office shall notify the applicant to make the amendments and require him to do so according to the contents prescribed and re-submit it to the Trademark Office within thirty days from the date on which he receives the notifica

38、tion. Where the application is amended and re-submitted to the Trademark Office within the time limit, the date of filing shall be retained. Where the application is not amended within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the a

39、pplicant in writing.Article 19 Where two or more applicants respectively apply for the registration of identical or similar trademarks used on the identica1 or similar goods on the same day, each applicant sha1l, within thirty days from the date of receipt of the notification of the Trademark Office

40、, submit a proof of his prior use of the mark in respect of which he has applied for the registration. Where the applicants used the mark for the first time on the same day or where none of them has used the mark, they shall try to resolve the matter through consultation, and submit a written agreem

41、ent to the Trademark Office within thirty days from the date of receipt of the notification from the Trademark Office; where the applicants are reluctant to resolve the matter through consultation or an agreement is not reached, the Trademark Office shall notify the applicants that one applicant wil

42、l be singled out by lot, and reject the registration applications filed by the other applicants. Where the Trademark Office notifies an applicant, but the applicant does not show up and draw his lot, his application shall be deemed to have been abandoned, and the Trademark Office shall notify in wri

43、ting the applicant who has failed to show up.Article 20 where an applicant claims the right of priority according to Article 24 of the Trademark Law, the copy of the application document which he first filed for the registration of the trademark shall be certified by the competent trademark authorit

44、y accepting the application, with the date of filing and the application number indicated.Where an applicant claims the right of priority according to Article 25 of the Trademark Law, the certification documents submitted by him shall be certified by the administrative department for industry and co

45、mmerce under the State Council, except that the international exhibition on which the goods are put on display is held inside the territory of China.Chapter III Examination of Application for Trademark Registration Article 21 The Trademark Office shall, in accordance with the Trademark Law and these

46、 Regulations, examine the applications for the registration of trademark it has accepted. Applications which conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which conform to the relevant provisions, shall be preliminarily a

47、pproved and published. Applications which do not conform to the relevant provisions, or those for the registration of trademarks in respect of a part of the designated goods which do not conform to the relevant provisions, shall be rejected. The Trademark Office shall notify the applicant in writing

48、 and explain the reason for the rejection.Where the Trademark Office has preliminarily approved applications for the registration of trademarks on a part of the designated goods, the applicant may apply for the abandonment thereof before the date of expiration of the opposition period; where the app

49、licant abandons the registration of trademarks in respect of a part of the designated goods, the Trademark Office shall withdraw the preliminary approval, terminate the examination procedure, and republish it.Article 22 Where an opposition is filed to a trademark which, after examination, has been preliminarily approved and published by the Trademark Office, the opponent shall submit the A