Trademark Law of the People's Republic of China
(Adopted at the 24th Session of the Standing Committee of the Fifth National
People's Congress on August 23, 1982,
and amended according to the "Decision on the Revision of the 'Trademark
Law of the People's Republic of China'" adopted at the 30th Session
of the Standing Committee of the Seventh National People's Congress on
February 22, 1993,
and amended again according to the "Decision on the Revision of the
'Trademark Law of the People's Republic of China'" adopted at the
24th Session of the Standing Committee of the Ninth National People's
Congress on October 27, 2001.)
CONTENTS:
Chapter I General Provisions
Article 1.
This Law is enacted for the purposes of improving the administration
of trademarks, protecting the exclusive rights to use a trademark, and
of encouraging producers and sellers to guarantee the quality of their
goods and services, and maintain the reputation of their trademarks, with
a view to protecting consumers, producers and sellers' interests and promoting
the development of socialist commodity 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 trademark 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 trademark disputes.
Article 3.
A registered trademark means a trademark that has been approved and registered
by the Trademark Office, which includes goods mark, service mark, collective
mark and certification mark. The trademark registrant shall enjoy an exclusive
right to use the trademark, which shall be protected by law.
A collective mark referred in this law, means a mark registered in the
name of a society, association or other organization, used by members
of such organization in their trade, for the purposes of indicating the
membership of users.
A certification mark referred in this law, means a mark which is controlled
by an organization with the ability of supervision over a particular goods
or service but used by the units or individuals other than the said organization,
for the purpose of certifying the place of origin, raw material, manufacturing
process, quality, or other particular features of the goods or service.
The specific measures for the registration and administration for collective
mark and certification marks shall be established separately by administrative
authority for industry and commerce under the State Council.
Article 4.
Any natural person, legal person or other organization, intending to
acquire the exclusive right to use a trademark for goods produced, manufactured,
processed, selected or marketed by it or him, shall file an application
for the registration of the goods trademark with the Trademark Office.
Any natural person, legal person or other organization, intending to
acquire the exclusive right to use a trademark for services provided by
it or him, shall file an application for the registration of the service
trademark with the Trademark Office.
The provisions made in this Law concerning goods trademarks shall apply
to service marks.
Article 5.
Two or more natural persons, legal persons or other organizations, intending
to acquire the exclusive right to use the same trademark, may jointly
file an application for the registration of the trademark with the Trademark
Office, and jointly enjoy and exercise an 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
sold on the market.
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, exercise supervision over the quality of the goods and
shall stop any practice that deceives consumers.
Article 8.
Any visible sign that is capable to distinguish the goods and services
of a natural person, legal person and other organization from those of
others, in particular, words, devices, letters, numerals, three-dimensional
signs and combination of colors, as well as any combination of such signs,
shall be eligible for application for registration as trademark.
Article 9.
A trademark that is applied for registration shall be so distinctive
as to be distinguishable and shall not be in conflict to any legitimate
prior rights of others.
The trademark registrant has the right to carry the indication of "Registered
Trademark" or a sign indicating that it is registered
Article 10.
The following indications 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, or identical with the name of particular site where the central
government is located, or the name or shape of a building with symbolic
significance;
(2) those identical with or similar to the State names, national flags,
national emblems or military flags of foreign countries, unless otherwise
consented by the government concerned;
(3) those identical with or similar to the names, flags, or emblems of
international intergovernmental organizations, unless otherwise consented
by the organization or there is no likelihood to lead public confusion;
(4) those identical with or similar to the official identification, inspection
seal that certifying control and guarantee, unless otherwise authorized;
(5) those identical with or similar 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 names as have otherwise
meanings or having been registered as part of collective mark or certification
mark 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 indications shall not be registered as trademarks:
(1) those only relating to generic names, designs or model of the goods
in respect of which the trademark is used;
(2) those only having direct reference to the quality, main raw materials,
function, use, weight, quantity or other features of' the goods in respect
of which the trademark is used;
(3) those lacking distinctiveness
The signs as listed in the proceeding paragraph acquiring distinctiveness
through use and becoming distinguishable, shall be approved and registered
as a trademark.
Article 12.
Where a three-dimensional sign is applied for the registration of a trademark,
the general shapes of which the designated goods inherently have, and
the shapes that are indispensable in achieving the technical results or
demonstrating the substantive function of goods, shall not be registered.
Article 13.
Where a trademark for which the registration is applied in respect of
identical or similar goods, is a reproduction, imitation or translation
of a well-known trademark of another person which has not been approved
and registered in China, thus being liable to create confusion, the application
for registration shall be refused and the use thereof shall be prohibited.
Where a trademark for which the registration is applied in respect of
dissimilar goods, is a reproduction, imitation or translation of a well-known
trademark of another person which has been approved and registered in
China, thus being liable to mislead the public, so as to cause a likelihood
damage on the interests of the registrant of the well-known trademark,
the application for registration shall be refused and the use thereof
shall be prohibited.
Article 14.
In recognizing a well-known trademark, the following factors shall be
considered:
1. The recognition of the trademark by the members of the public concerned;
2. Continuous use of the trademark;
3. Continuation, extent and geographical areas of any publicity of the
said trademark;
4. The records of protection of the trademark as a well-known mark; and
5. Other factors demonstrating the mark is well-known.
Article 15.
Where the trademark of a person for whom the agent or representative
acts is, without authorization, applied by the agent or representative
in his name for registration, and the person for whom the agent or representative
acts files an opposition, the application for registration shall be refused
and the use thereof shall be prohibited.
Article 16.
Where a trademark contains a geographical indication of goods, which
is not the area from which the goods is originated, thus misleading the
public, the application for registration shall be refused and the sue
thereof shall be prohibited. Where the registrations already acquired
in good faith shall continue to be valid.
The geographical indication mentioned in the proceeding paragraph refers
to an indication which identifies that the goods as originating from a
particular area, where a given quality, reputation or other characteristic
of goods is essentially attributable to its natural factors or human factors
of the geographical origin.
Article 17.
Any foreigner 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 principle
of reciprocity.
Article 18.
Any foreigner or foreign enterprise intending to apply for the registration
of a trademark or for any other matters concerning a trademark in China
shall entrust any of such organizations as recognized by the State to
act as his or its agent.
Chapter II. Application 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 are the designation of the goods in respect of which the trademark
is to be used.
Article 20.
Where any applicant for trademark registration 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 any indications 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.
Where, within six months from the date on which the applicant for trademark
registration first filed in a foreign country an application for trademark
registration, he or it files in China an application for trademark registration
of the identical mark in respect identical goods, he or it may, 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
of reciprocity, enjoy a right of priority.
Any applicant who claims the right of priority in accordance with the
provisions of the proceeding paragraph, shall make a written declaration
when the application is filed, and submit, within three months, a copy
of the trademark application document which was first filed; if the applicant
fails to make the written declaration or to meet the time limit for submitting
the trademark application document, the claim to the right of priority
shall be deemed not to have been made.
Article 25.
Where, within six months from the date on which the goods bearing the
trademark exposed on the international exhibition sponsored or recognized
by the Chinese Government, the applicant for the trademark registration
shall, enjoy the right of priority.
Any applicant for trademark registration who claims the right of priority
in accordance with the provisions of the proceeding paragraph, shall make
a written declaration when the application is filed, and submit, within
three months, the documents as the name of the exhibition, evidences on
the use of the trademark in respect of the exposed goods and the date
of display; if the applicant fails to make a written declaration or to
meet the time limit for submitting the evidencing document, the claim
to the right of priority shall be deemed not to have been made.
Article 26.
Matters and documents for application for trademark registration shall
be authentic, accurate and complete.
Chapter III. Examination for and Approval 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 for trademark registration 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, the registration
shall be approved, a certificate of trademark registration shall be issued
and the trademark shall be published.
Article 31.
The application for trademark registration shall not jeopardize the earlier
existing rights of other's and may not, by any unfair means to preemptively
register a trademark which has already been used by another person and
of certain influence.
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 for of the same in writing. Where the applicant is dissatisfied,
he may, within fifteen days from the date of receipt of the notification,
apply for a review. The Trademark Review and Adjudication Board shall
make a decision and notify the applicant in writing.
Where the interested party is not satisfied with the decision of the
Trademark Review and Adjudication Board, it or he, may, within thirty
days from the date of receipt of the decision institute legal proceedings
before a 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 opposed party state facts and grounds and shall,
after investigation and verification, make a decision. Where any party
is not satisfied, it or he may, within fifteen days from the date of receipt
of the notification, apply for a review with the Trademark Review and
Adjudication Board, and the Trademark Review and Adjudication Board shall
make a decision and notify both the opponent and opposed party in writing.
Where dissatisfied with the decision made by the Trademark Review and
Adjudication Board, the interested party may institute legal proceedings
before a people's court within thirty days from the date of receipt of
the decision. The people's court shall notify the person that is the opponent
part of that party in the opposition procedure to appear as the third
party in the legal proceeding.
Article 34.
Where the interested party fails, within the statutory period of time,
to apply for review on the decision made by the Trademark Office, or to
institute legal proceedings before the People's Court on the decision
made by the Trademark Review and Adjudication Board, the decision shall
be effective.
Where the opposition is decided as not justified, the registration shall
be approved, the Certificate of Registration shall be issued and the trademark
shall be published. If it is decided that the opposition is justified,
no registration shall be approved.
Where opposition is decided as not justified and the registration is
approved, the date on which the applicant for trademark registration acquires
the exclusive right to use the trademark shall be the date of expiration
of the period of three months for publication for preliminary approval.
Article 35.
Applications for registration of trademarks and reviews thereon shall
be examined in time.
Article 36.
Where the applicant for registration of trademark or trademark registrant
finds that the document of application or the document of registration
for trademark has any obvious errors, it or he may request for modification
therefor. The Trademark Office shall make such modification within the
scope of its power and notify the party concerned.
The modification of errors as mentioned in the proceeding paragraph shall
not relate to the substantial content of the document of application or
the document of registration for the trademark.
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 therefor 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 of the grace period, the registered trademark
shall be cancelled.
The period of validity of each renewal of registration shall be ten years.
Any renewal of registration shall be published after it has been approved.
Article 39.
Where a registered trademark is assigned, both the assignor and assignee
shall sign Trademark Assignment Contract, 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. The assignee shall acquire the exclusive right to use
the trademark from the date of publication.
Article 40.
Any trademark registrant may, by signing a trademark license contract,
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, Article 11 and Article 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 Adjudication
Board to make an adjudication to cancel such a registered trademark.
Where a registered trademark stands in violation of the provisions of
Articles 13, Article 15, Article 16 and Article 31, within five years
from the date of approval of the trademark registration, any trademark
proprietor or the interested party may request the Trademark Review and
Adjudication Board to make an adjudication to cancel such a registered
trademark. Where the trademark is registered in bad faith, the five-year
limit is not subject to the proprietor of well-known trademark.
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 a adjudication
either to maintain or to cancel a registered trademark, it shall notify
the interested parties of the same in writing.
Where dissatisfied with the decision made by the Trademark Review and
Adjudication Board, the interested party may, within thirty days from
the date of receipt of the decision, institute legal proceedings before
a people's court. The people's court shall notify the person that is the
opponent party of that party in the cancellation procedure to appear as
a third party in the legal proceeding.
Chapter VI 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); and
(4) where the registered trademark has ceased to be used 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; and
(3) where the manufacture is rough or poor, 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 the date of receipt
of the corresponding notice, apply for a review with the Trademark Review
and Adjudication Board. The Trademark Review and Adjudication Board shall
make a decision and notify the applicant in writing.
Where dissatisfied with the decision made by the Trademark Review and
Adjudication Board, the interested party may institute legal proceedings
before a people's court within thirty days from the date of receipt of
the decision.
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 the date 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 VII Protection of the Exclusive 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 same or similar goods without the authorization
of the proprietor of the registered trademark;
(2) to sell goods that infringes the exclusive right of a 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 authorization of the proprietor of a registered
trademark, the representation of the registered trademark on the goods
and resell such goods in the market;
(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 a disputes arises, it shall be settled through consultation by
the interested parties; Where the parties are not willing to consult with
each other or where the consultation fails, the trademark registrant or
any interested party may institute legal proceedings in the people's court,
or request the administrative authority for industry and commerce for
actions. When handling the matters, the administrative authority for industry
and commerce considers that the infringement is established, it may order
the infringer to stop the infringing act immediately, confiscate and destroy
the infringing goods and the tools directly used in producing the infringing
goods, or falsely reproducing the representations of the registered trademark,
or impose a fine. If the infringer is not satisfied with the order, he
may, within fifteen days from the date receipt of the notification of
the order, institute legal proceedings in people's court in accordance
with provisions of the Administrative Procedure Law of the People's Republic
of China. If, within the said time limit, such proceedings are not instituted
and order is not complied with, the administrative authority for industry
and commerce may approach the people's court for compulsory execution.
The said authority handling the matter may, upon the request of the parties,
mediate in the amount of compensation for the damage caused by the infringement
of exclusive right to use a registered trademark. If the mediation fails,
the parties may institute legal proceedings in the people's court in accordance
with the Civil Procedure Law of the People's Republic of China.
Article 54.
The administrative authority for industry and commerce has the power,
in accordance with the Law, to investigate and handle the acts of infringing
the exclusive right to use a trademark, and shall transfer the cases suspected
of being guilty to judicial organs for disposition.
Article 55.
In investigating and handling the suspected acts of infringing exclusive
right to use a trademark of another person based on the suspected evidences
obtained or report, the administrative authority for industry and commerce
at or above the county level may excise the following functions and powers:
(1) to inquire of the interested parties, investigating into the situations
relating to the infringement against the exclusive right to use a trademark;
(2) to examine or reproduce such contracts, invoices, account books and
any other related materials of the interested party as concerned with
the infringing acts;
(3) to inspect the sites where the party concerned are suspected of engaging
in the infringement of the exclusive right to use a trademark;
(4) to check up such articles as related to the infringing acts; and seal
or seize the articles for which evidences prove to be infringing of exclusive
right to use a trademark of another person;
When the administrative authority for industry and commerce exercise such
functions and powers as enumerated in the proceeding paragraph, the interested
parties shall give assistance and cooperation thereto and must not refuse
or stimy to do so.
Article 56.
The amount of compensation for the damage caused by the infringement
of the exclusive right to use a trademark shall be assessed on the basis
of the profits which the infringer has earned through the infringement,
or the losses which the infringee has suffered, which shall include the
reasonable expenses for stopping such infringement paid by the infringee.
If it is difficult to determine the profits which the infringer has earned
through infringement or the losses which the infringee has suffered as
referred in the proceeding paragraph, the people's court shall make a
sentence of compensation under the amount of 500,000 Yuan RMB in accordance
with the seriousness of infringing acts.
Any person who sells goods that infringe exclusive right to use a trademark
of another person, without knowing the same, shall not be liable to compensate
for the damage if he can prove that he obtains the goods from a legitimate
source.
Article 57.
Where any trademark registrant or interested party has evidence to prove
that another person is infringing or will soon infringe its or his exclusive
right to use a trademark and that if such infringing act is not checked
or prevented from occurring in time, it is likely to cause irreparable
harm to it or him, it or he may, before any legal proceedings are instituted,
request the people's court to adopt measures for ordering the suspension
of relevant acts and the preservation of property.
The people's court when dealing with the request mentioned in the proceeding
paragraph, shall apply the provisions of Article 93 through Article 96
and Article 99 of the Civil Procedure Law of the People's Republic of
China.
Article 58.
In case where the evidences could be lost or difficult to be obtained,
the trademark registrant or interested party, may, in order to prevent
infringing acts, request the people's court for ordering the adoption
of measures for preservation of evidences before any legal proceedings
are instituted.
After receiving an application, the people's court, must, make an order
within 48 hours; if the order for the adoption of preservation of evidences
measures is made, the execution thereof shall begin immediately.
The people's court may order the applicant to provide security, if it
or he fails to do so, his application shall be rejected.
Where the applicant fails to bring the suit within 15 days after the
people's court has adopted the measure of preservation, the people's court
shall terminate the measures of preservation.
Article 59.
Where any person, without the authorization of the trademark registrant,
uses a trademark that is identical with a registered trademark in respect
of identical goods, 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 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 prosecute,
according to law, for his criminal liabilities in addition to his compensation
for the damage 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.
State functionary working for trademark registration, administration
and review must implement laws impartially, be uncorrupted and self-disciplined,
be devoted to duties and render services in civilized manner.
State functionary working in the Trademark Office, Trademark Review and
Adjudication Board, as well as others responsible for trademark registration,
administration and review may not take part in trademark agency services
as well as production and operation actives of goods.
Article 61.
The administrative authority for industry and commerce shall establish
and perfect its internal supervision system, carry out supervision and
inspection over the implementation of laws, administrative regulations
and disciplines by State functionary responsible for the work of trademark
registration, administration and review.
Article 62.
Where any State functionary responsible for trademark registration, administration
and review neglects his duty, abuses his power, or engages in malpractice
for personal gain, illegally handles the trademark registration, administration
or review, receives money and articles of parties concerned, seeks the
illegal profits, which constitutes a crime, shall be prosecuted for his
criminal liability in accordance with law. If the case is not serious
enough to constitute a crime, he shall be give disciplinary sanction in
accordance with 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 fee as prescribed. The
schedule of fees shall be prescribed separately.
Article 64.
This Law shall enter into force on March 1, 1983. The Regulations Governing
Trademarks" promulgated by the State Council on April 10, 1963 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.
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