Chapter 1: General Provisions
 
Article 1    These Regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter, the "Trademark Law").
 
Article 2    Provisions of these Regulations concerning commodity trademarks shall be applicable to service marks.
 
Article 3    For the purposes of the Trademark Law and these Regulations, uses of a trademark include both the use of that trademark on goods, their packaging or containers, and the documents for trading of the goods and the use of the trademark in advertising, publicity, exhibitions, and other business activities.
 
Article 4    For the purposes of Article 6 of the Trademark Law, goods that must bear registered trademarks as required by the State refer to goods that must bear registered trademarks as required by laws or administrative regulations.
 

Article 5    According to the Trademark Law and these Regulations, where a dispute arises in the course of registration, or review and adjudication, of a trademark, and the party concerned believes that the trademark constitutes a well-known trademark, the party may file a request with the Trademark Office or the Trademark Review and Adjudication Board ("TRAB") to recognize the trademark as a well-known trademark and to dismiss the relevant application for trademark registration that violates Article 13 of the Trademark Law or to nullify the relevant trademark registration that violates Article 13 of the Trademark Law, as the case may be. When filing the request, the party concerned shall provide evidentiary materials to show that the trademark constitutes a well-known trademark.
 

Based on the party's request and ascertainment of the facts, the Trademark Office or the TRAB shall, pursuant to Article 14 of the Trademark Law, decide whether or not the trademark constitutes a well-known trademark.
 
Article 6    An application may be filed in accordance with the Trademark Law and these Regulations to register a geographical indication specified in Article 16 of the Trademark Law as a certification mark or a collective mark.
 
Where a geographical indication is registered as a certification mark, any natural person, legal person, or other organization whose commodities satisfy the conditions for using the geographical indication may request to use the said certification mark, and the organization that controls the certification mark shall permit the use. Where a geographical indication is registered as a collective mark, any natural person, legal person, or other organization whose commodities satisfy the conditions for using the geographical indication may request to join a group, association, or other organization that registers the geographical indication as a collective mark, and the group, association, or organization of another type shall accept the natural person, legal person, or organization of another type as a member pursuant to its by-laws. In the absence of such request to join a group, association, or other organization that registers the geographical indication as a collective mark, fair use of the geographical indication is also allowed, and the group, association, or other organization shall have no right to prohibit the use.
 
Article 7     A party concerned shall submit a power of attorney in entrusting a trademark agency to apply for trademark registration or to handle other trademark matters. The power of attorney shall set forth the entrusted matters and the authority limit. If the power of attorney is issued by a foreigner or foreign enterprise, the nationality of the principal shall also be set forth therein.
 
With respect to the power of attorney of a foreigner or foreign enterprise and the formalities for notarizing and authenticating the relevant supporting documents, the principle of reciprocity shall apply.
 
For the purposes of Article 18 of the Trademark Law, "a foreigner or foreign enterprise" shall mean a foreigner or foreign enterprise having no habitual residence or place of business in China.
 
Article 8    The Chinese language shall be used for trademark registration applications and for handling other trademark matters.
If any certificate, supporting document, or evidentiary material submitted under the Trademark Law or these Regulations is in a foreign language, a Chinese translation shall be attached thereto; failure to do so shall be deemed as failure to submit that certificate, supporting document, or evidentiary material.
 
Article 9    A member of staff of the Trademark Office or the TRAB shall withdraw from the relevant case, and a party concerned or an interested party may request the member of staff to withdraw from the case, if he/she:
(1) is a party concerned or a close relative of a party or agent concerned;
(2) is otherwise associated with a party or agent concerned to the extent that  impartiality may be prejudiced; or
(3) is an interested party in the relevant application for trademark registration or in handling other trademark matters.
 
Article 10    Unless otherwise provided for in these Regulations, the date on which a party concerned submits the documents or materials to the Trademark Office or the TRAB shall be the delivery date, in the case of direct delivery, or shall be the dispatch date indicated on the postmark, in the case of delivery by mail. If the date indicated on the postmark is illegible, or in the absence of a postmark, the submission date shall be the actual date on which the Trademark Office or the TRAB receives the documents or materials, except where the party is able to provide evidence to prove the actual date indicated on the postmark.
 
Article 11    The various documents of the Trademark Office or the TRAB may be served on parties concerned by mail, direct delivery, or other means. With respect to a party concerned that entrusts a trademark agency, the documents served on the trademark agency shall be deemed to have been served on that party.
 
The date on which a document of the Trademark Office or the TRAB is served on a party concerned shall be the date indicated on the postmark acknowledging the party's receipt of the document, in the case of delivery by mail. If the date indicated on the postmark is illegible, or in the absence of a postmark, the document shall be deemed to have been served on the party upon expiration of a 15-day period commencing from the dispatch date. In the case of direct delivery, the date of service shall be the delivery date. If it is impossible to serve any such document by mail or by direct delivery, the document may be served on the parties concerned in the form of a public announcement, in which case the document shall be deemed to have been served on the parties upon expiration of a 30-day period commencing from the date on which the announcement is published.
 
Article 12    International registration of a trademark shall be carried out pursuant to the relevant international treaties to which China has acceded, and the specific measures shall be formulated by the State Council's administrative department for industry and commerce.
 
 
Chapter 2: Trademark Registration Application
 
Article 13    Applications for trademark registration shall be filed by classes in accordance with the published list of classification of goods and services. An application for trademark registration shall, on a per trademark basis, be accompanied by submission to the Trademark Office of one copy of the Written Application for Trademark Registration, five copies of the trademark drawing, and, if colors are designated to the trademark, five copies of the color drawing for the trademark plus one copy of the black-and-white sketch thereof.
 
A trademark drawing must be legible and capable of being stuck on another document, and the paper used for printing the drawing shall have a smooth surface and be able to withstand wear-and-tear, or otherwise the drawing may be in the form of photo with its length not to be more than 10 cm and width not to be less than 5 cm.
 
When applying for registration of a three-dimensional sign as a trademark, the applicant shall declare the same in the application and submit  a drawing from which the three-dimensional shape can be identified.
 
When applying for registration of a color combination as a trademark, the applicant shall declare the same in the application and submit a description in words.
When applying for registration of a collective or certification mark, the applicant shall declare the same in the application and submit documents in support of its subject qualification and the management rules for the use of the mark.
 
If a trademark is in a foreign language or contains foreign language texts, an explanation of the meaning of the words shall be provided.
 
Article 14    An applicant for trademark registration shall submit a photocopy of a valid identity certificate evidencing the applicant's identity. The name of the applicant indicated in the trademark registration application shall be consistent with the name indicated in the submitted identity certificate.
 
Article 15    The name of the goods or services concerned filled out in the application shall be in accordance with the relevant classification of goods and services. If the goods or services are not listed in the classification, a description of the goods or services shall be attached.
A written application for trademark registration and other relevant documents shall be in either typed or printed form.
 
Article 16    To file a joint application for registration of one trademark, a representative shall be designated in the written application. In the absence of such designation, the person ranked first in the written application shall be the representative.
 
Article 17    In the event of change of name, address, or agent of an applicant or deletion of any designated goods, the formalities for a change may be gone through with the Trademark Office.
An applicant shall, in transferring a trademark registration application thereof, go through the transfer formalities with the Trademark Office.
 
Article 18    The date on which a trademark registration application is filed shall be the date on which the Trademark Office receives the application documents. If all the required materials are submitted to go through the formalities and the application documents are filled out pursuant to the relevant provisions, the Trademark Office shall accept the application and notify the applicant in writing of its acceptance; if the required materials for going through the formalities are not completely submitted or the application documents are not filled out by conforming to the relevant provisions, the Trademark Office shall refuse to accept the application, and shall notify the applicant in writing of the refusal, with the reasons stated.
 
If all the required materials are basically submitted to go through the formalities or the application document basically conforms to the relevant provisions, but with a supplement and/or correction needed, the Trademark Office shall notify the applicant to make the supplement and/or correction and require the applicant to resubmit to the Trademark Office, within 30 days after receipt of the notification, the materials to which supplement and/or correction is made for the specified portion. The application date shall remain unchanged if the materials are supplemented and/or corrected and then submitted within the specified time limit; failure to make the supplement and/or correction within the time limit shall render the application to be deemed as having been abandoned, in which case the Trademark Office shall notify the applicant in writing of such decision.
 
Article 19    If two or more applicants file separate applications on the same day for registration of the same trademark or similar trademarks to be used on the same or similar goods, each applicant shall, within 30 days of receiving the notice from the Trademark Office, submit evidence showing that the use of such trademark is prior to the registration application. If the first use of the trademark by the applicants is on the same day or none of the applicants have used the trademark, the applicants may, at their own discretion, commence consultation within 30 days of receiving the notice from the Trademark Office and submit their written agreement to the Trademark Office; in the event that they are unwilling to conduct consultation or the consultation fails, the Trademark Office shall notify all the applicants to determine one applicant from among them by drawing lots, and shall dismiss the registration applications filed by the others. Where any of the applicants fails to participate in the draw after the Trademark Office has notified them, the application filed by that applicant shall be deemed to have been abandoned, in which case the Trademark Office shall issue a written notification to the applicant that has not participated in the draw.
 
Article 20    Where a priority right is claimed pursuant to Article 24 of the Trademark Law, the duplicate copy of the application documents, as submitted by the applicant in the first application thereof for registration of the trademark concerned, shall be certified by the trademark authority that accepts the application, and marked with the application date and number.
 
Where a priority right is claimed pursuant to Article 25 of the Trademark Law, the supporting documents submitted by the applicant shall be authenticated by an organization designated by the State Council's administrative department for industry and commerce, except where the international exhibition during which the goods concerned were exhibited was held in China.
Chapter 3: Examination of Trademark Registration Applications
 
Article 21    The Trademark Office shall examine its accepted trademark registration applications in accordance with the relevant provisions of the Trademark Law and these Regulations. Where an application conforms to the provisions or such conforming corresponds only to the use of the trademark on part of the designated goods, the Trademark Office shall grant preliminary approval and make a publication thereon; for any registration application that does not conform to the provisions or such non-conforming corresponds to the use of the trademark on part of the designated goods, the Trademark Office shall dismiss the application, and shall notify the applicant in writing, with the reason for such dismissal stated therein.
 
If the preliminary approval granted by the Trademark Office, through examination, for a registration application corresponds only to the use of the trademark concerned on part of the designated goods, the applicant may, prior to the expiration date of the opposition period, apply for abandonment of the application for the use of that trademark on part of the designated goods. If an applicant abandons a registration application thereof for the use of a trademark on part of the designated goods, the Trademark Office shall withdraw its preliminary approval and terminate the examination procedure, and shall make a new publication thereon.
 
Article 22    To file an opposition on a trademark application that is preliminarily approved and published by the Trademark Office, the opponent shall submit a notice of trademark opposition, in duplicate, to the Trademark Office. The notice of trademark opposition shall clearly state the issue number of the Trademark Gazette in which the application for the opposed trademark is published, as well as its preliminary approval number. The notice of opposition shall state the specific claims and factual basis, and relevant evidentiary materials shall be attached thereto.
 
The Trademark Office shall serve a copy of the notice of trademark opposition on the respondent in a timely manner, and instruct the person to file a response within 30 days of receiving the notice of opposition. The respondent's failure to reply shall not affect the Trademark Office's decision on opposition.
 
If a party concerned needs to make a supplement to the relevant evidentiary materials after filing an opposition application or statement of reply, the party shall include a declaration to that effect in the written application or statement of reply, and shall submit the materials within three months of the date on which the written opposition or statement of reply is submitted. Failure to submit the supplementary materials within the time limit shall be regarded as the party's waiver of the right to make such supplement.
 
Article 23    For the purposes of Paragraph 2 of Article 34 of the Trademark Law, the circumstances where an opposition is held tenable shall include the circumstance where the opposition is held tenable in relation to part of the designated goods. Where an opposition is tenable in relation to part of the designated goods, approval shall not be granted to the application for trademark registration corresponding to that part of the designated goods.
Where publication has already been made on the registration of the trademark under an opposition before the effectiveness of the decision on opposition, the original publication on the registration shall be annulled, and a new publication shall be made on the trademark if its registration approval has been granted by the decision on opposition.
 
With respect to a trademark for which the registration approval is granted by a decision on opposition, no retroactive effect shall be applicable to any other party's use of a mark identical or similar to the said trademark on the same or similar goods from the date of expiry of the opposition time limit until the effective date of the decision on opposition, provided that compensation shall be made for losses incurred by the registrant of the trademark as a result of such other party's malice in the said use.
 
The time limit for filing an application for the review and adjudication of a trademark for which the registration approval is granted by a decision on opposition shall commence from the date on which the decision is published.
 
 
Chapter 4: Change, Assignment, and Renewal of a Registered Trademark
 
Article 24   A change of registrant name and/or address, or a change of other registered items, for a trademark shall be subject to the submission of a written application for change to the Trademark Office. The Trademark Office shall, upon verification and approval, issue a corresponding certification to the registrant and make a publication thereon; or otherwise notify the applicant in writing and state the reason, in the case of disapproval.
 
Registrant name change for a trademark shall also be subject to the submission of a certification document evidencing the change issued by the relevant registration authority. When failing to do so, the applicant may submit the certification document within 30 days of the application date. If the document is not submitted within the time limit, the application for change shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
In the case of a change in registrant name or address for a trademark, the registrant shall make the change for all of the registrant's trademarks simultaneously. If the registrant fails to do so, the application for change shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
 
Article 25    In the case of assignment of a registered trademark, the assignor and the assignee shall submit to the Trademark Office a written application for assignment of a registered trademark. The formalities for applying to assign a registered trademark shall be completed by the assignee. The Trademark Office shall, upon verification and approval of the application to assign a registered trademark, issue the corresponding certification to the assignee and make a publication thereon.
 
When assigning a registered trademark, the trademark registrant shall simultaneously assign the identical or similar trademarks registered by that registrant for the same or similar goods. If the registrant fails to do so, the Trademark Office shall notify the registrant to make the rectification within a specified time limit. Failure to make a rectification within the time limit shall be deemed as abandonment of the application for assignment of that registered trademark, and the Trademark Office shall notify the applicant in writing.
 
The Trademark Office shall not approve any application for assignment of a registered trademark that may create misidentification, confusion, or other ill effects, and shall notify the applicant in writing, accompanied by a statement of the reasons for such disapproval.
 
Article 26    In the case of a transfer of the exclusive right to use a registered trademark due to reasons other than assignment, the party accepting the transfer of the said exclusive right shall go through the formalities for transfer of the exclusive right to use a registered trademark with the Trademark Office by presenting the relevant supporting or legal documents.
 
Transfer of the exclusive right to use a registered trademark shall be accompanied by simultaneous transfer of the identical or similar trademarks registered by the owner of that exclusive right for the same or similar goods. If the said owner fails to do so, the Trademark Office shall notify the owner to make a rectification within a specified time limit. Failure to make the rectification within the time limit shall be deemed as abandonment of the application for transfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.
 
Article 27    If the registration of a registered trademark needs to be renewed, a written application for trademark registration renewal shall be filed with the Trademark Office. The Trademark Office shall, after verification and approval of the application, issue the corresponding certificate, and shall make a publication thereon.
 
The renewal term for a registered trademark shall commence from the date immediately following the expiration of the last validity term of the trademark.
Chapter 5: Trademark Review and Adjudication
 
Article 28    The TRAB shall accept trademark review and adjudication applications submitted pursuant to Article 32, Article 33, Article 41, and Article 49 of the Trademark Law. The TRAB shall carry out a factual-based review and adjudication in accordance with the law.
 
Article 29    For the purposes of Paragraph 3 of Article 41 of the Trademark Law, the circumstance where "a registered trademark is in dispute" refers to the circumstance where the registrant of a trademark being registered under an earlier application believes that another's trademark being registered under a later application is identical or similar to such registrant's registered trademark as used on the same or similar goods.
 
Article 30    When applying for trademark review and adjudication, a written application shall be filed with the TRAB, accompanied with a number of copies thereof corresponding to the number of the counterparties. When applying for reexamination on the basis of a written decision or ruling of the Trademark Office, the application shall, in addition, be accompanied with copies of the written decision or ruling of the Trademark Office.
 
After having received the application, the TRAB shall accept the application if concluding, through examination, that the application satisfies the conditions for acceptance; if the application is concluded as not satisfying the conditions for acceptance, the TRAB shall refuse to accept the application, and shall notify the applicant in writing, accompanied by a statement of the grounds for such refusal. If a supplement and/or correction is required, the TRAB shall notify the applicant to make the supplement and/or correction within 30 days of receiving the notification. If the application still does not meet the requirements after being supplemented and/or corrected, the TRAB shall refuse to accept the application, and shall notify the applicant in writing, accompanied with a statement of the grounds for such refusal. Failure to make a supplement and/or correction within the time limit shall be deemed as withdrawal of the application, in which case the TRAB shall notify the applicant in writing of its decision.
 
If the TRAB discovers, after its acceptance of an application for trademark review and adjudication, that the application does not satisfy the conditions for acceptance, it shall dismiss the application and notify the applicant in writing, accompanied by a statement of the grounds for such dismissal.
 
Article 31    After the TRAB has accepted an application for trademark review and adjudication, it shall deliver one or more duplicates of the application to the counterparty(ies) in a timely manner and instruct them to reply within 30 days of receiving the duplicate. Failure to reply within the time limit shall not affect the TRAB's review and adjudication.
 
Article 32    If a party concerned needs to submit, as a supplement, any relevant evidentiary material after having filed an application for review and adjudication or giving the reply, the party shall include a statement to that effect in the written application or reply, and shall submit any such evidentiary material within three months of the date of submission of the written application or reply; failure to submit such material within the time limit shall be deemed as abandonment of the right to submit, as a supplement, any evidentiary material.
 
Article 33    The TRAB may, at the request or actual need of a party concerned, decide to conduct a public hearing on a review and adjudication application.
 
If the TRAB decides to conduct a public hearing on a review and adjudication application, it shall notify the parties concerned in writing 15 days prior to the hearing, informing them of the date and venue of the hearing and of the adjudicators. The parties shall reply within the time limit specified in the notice.
 
If the applicant neither replies nor attends the hearing, the review and adjudication application shall be deemed withdrawn and the applicant shall be notified in writing by the TRAB. If the respondent neither replies nor attends the hearing, the TRAB may conduct the review and adjudication by default.
 
Article 34    If an applicant requests to withdraw an application before the TRAB has made a decision or ruling, the applicant may withdraw the application after giving the TRAB a written explanation of the reason for such request. If the application is withdrawn, the review and adjudication process shall be terminated.
 
Article 35    An applicant that has withdrawn a trademark review and adjudication application shall not submit another review and adjudication application based on the same facts and grounds. If the Trademark Review and Adjudication Board has already made a ruling or decision in respect to a trademark review and adjudication application, no one is permitted to submit another review and adjudication application based on the same facts and grounds.
 
Article 36    Where a registered trademark is cancelled pursuant to Article 41 of the Trademark Law, the exclusive right to use the registered trademark shall be deemed to have never existed. A decision or ruling on the cancellation of a registered trademark shall have no retroactive effect on a judgment or ruling that was made by a people's court for a trademark infringement case and executed prior to the cancellation, or on a resolving decision for a trademark infringement case that was made by an administrative department for industry and commerce and executed prior to the cancellation, or on a trademark assignment or license contract that was performed prior to the cancellation, provided that compensation shall be made for any loss caused to another person due to malice on the part of the trademark registrant.
 
 
Chapter 6: Administration over the Use of a Trademark
 
Article 37    When a registered trademark is used, it may be marked with the phrase "注册商标" or a registration symbol on the goods, packaging for the goods, instruction manual, or other attachments.
 
Registration symbols include "注" enclosed in a circle and "R" enclosed in a circle. When a registration symbol is used, it shall be placed at the top/bottom-right corner of the trademark.
 
Article 38    If a Trademark Registration Certificate is lost or damaged, an application must be filed with the Trademark Office for re-issuance thereof. If a Trademark Registration Certificate is lost, a declaration of loss shall be published in the Trademark Gazette. A damaged Trademark Registration Certificate shall be returned to the Trademark Office when the application for re-issuance is filed.
 
Anyone who forges or alters a Trademark Registration Certificate shall be subject to criminal liability in accordance with the provisions of the Criminal Law on the crime of forging or altering certificates issued by State authorities or other crimes.
 
Article 39    If a trademark registrant commits any of the acts specified in Items (1), (2), and (3) of Article 44 of the Trademark Law, the relevant administrative department for industry and commerce shall order the registrant to make a rectification within a specified time limit, and shall, in the event of the registrant's refusal to make the rectification, refer the matter to the Trademark Office, accompanied  by filing a request for cancellation of the registered trademark.
 
In the event of the act mentioned in Item (4) of Article 44 of the Trademark Law, anyone may apply to the Trademark Office for cancellation of the registered trademark, accompanied by a statement of the relevant details. The Trademark Office shall notify the trademark registrant, requiring the registrant to submit, within two months of receipt of the notification, evidence in support of the use of the trademark before the cancellation application is filed, or to state, within the said time limit, legitimate reasons for non-use, as the case may be. If the registrant fails to provide, within the time limit, any evidence in support of the use or the evidence provided by the registrant is invalid, the Trademark Office shall cancel the registered trademark to the extent that there are no legitimate reasons for non-use.
 
For the purposes of the preceding paragraph, evidence in support of the use of the trademark includes both the evidence in support of the trademark registrant's use of the registered trademark and the evidence in support of the trademark registrant's license to another to use the trademark.
 
Article 40    The Trademark Office shall make a publication on each registered trademark that is cancelled pursuant to Articles 44 and 45 of the Trademark Law. The exclusive right to use any such trademark shall terminate from the date on which the Trademark Office makes the decision to cancel the trademark.
 
Article 41    If the grounds based on which a registered trademark is cancelled by the Trademark Office or the Trademark Review and Adjudication Board are effective only as to part of the goods designated to be covered by the trademark, the registration of the trademark for the use thereof on that part of the designated goods shall be cancelled.
 
Article 42    Any fine imposed pursuant to Articles 45 and 48 of the Trademark Law shall be not more than 20% of the illegal turnover or not more than twice the illegal profit.
Any fine imposed pursuant to Article 47 of the Trademark Law shall be not more than 10% of the illegal turnover.
 
Article 43    To license a registered trademark to another, the licensor shall submit, within three months of the date on which the trademark license contract is executed, a duplicate of the contract to the Trademark Office for record-filing.
 
Article 44    In the case of violation of the provisions of Paragraph 2 of Article 40 of the Trademark Law, the relevant administrative department for industry and commerce shall order that failing party to make a correction within a specified time limit; if the party fails to make the correction within the time limit, the said authority shall confiscate the party's labels for the trademark. If it is difficult for the labels for the trademark and the goods concerned to be separated from each other, they shall both be confiscated and destroyed.
 
Article 45    If a use of a trademark violates Article 13 of the Trademark Law, the relevant party concerned may file a request with the relevant administrative department for industry and commerce to prohibit the use. When submitting the application, the party shall provide evidentiary materials to prove that the party's trademark constitutes a well-known trademark. If the trademark is recognized by the Trademark Office as a well-known trademark pursuant to Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the infringer to cease the use that is in violation of Article 13 of the Trademark Law, and shall confiscate and destroy the infringer's labels for the trademark. If it is difficult for the labels for the trademark and the goods concerned to be separated from each other, they shall both be confiscated and destroyed.
 
Article 46    Where the registrant of a trademark applies to deregister the registered trademark or to deregister the trademark for part of the goods designated to be covered by that trademark, the registrant shall submit a written application for trademark deregistration to the Trademark Office and shall return the original Trademark Registration Certificate.
Where the registrant of a trademark applies to deregister the registered trademark or to deregister the trademark for part of the goods designated to be covered by that trademark, the exclusive right to use that registered trademark or the exclusive right corresponding to that part of the designated goods shall cease to have effect from the date on which the Trademark Office receives the deregistration application.
 
Article 47    If the registrant of a trademark is dead or terminated, and the formalities for transfer of that registered trademark have not been completed within one year from the date of the death or termination of the registrant, anyone may apply to the Trademark Office for deregistration of the registered trademark. Filing of such a deregistration application shall be subject to submission of the evidence concerning the death or termination of the trademark registrant.
 
Where a registered trademark is deregistered due to the death or termination of its registrant, the exclusive right to use that registered trademark shall terminate from the date of the death or termination of its registrant.
 
Article 48    Where a registered trademark is cancelled or deregistered pursuant to Article 46 or Article 47 of these Regulations, the original Trademark Registration Certificate will become void. Where the registration of the trademark is to be nullified for part of the goods designated to be covered by that trademark or its registrant applies to deregister the trademark for part of the goods designated to be covered by the trademark, the Trademark Office shall either return the original Trademark Registration Certificate, accompanied by a note added thereto, or issue a new Trademark Registration Certificate, accompanied by making a publication thereon.
 
 
Chapter 7: Protection of the Exclusive Right to Use A Registered Trademark
 
Article 49    Where a registered trademark contains the generic name or model number of the goods concerned or a device depicting the goods, directly represents the quality, primary raw materials, functions, intended purposes, weight, quantity, or other characteristics of the goods, or contains a place name, the owner of the exclusive right to use that trademark shall have no right to prohibit any fair use of the trademark by others.
 
Article 50    Where any of the following acts is committed, the act shall constitute infringement of the exclusive right to use a trademark, which is referred to in Item (5) of Article 52 of the Trademark Law:
(1) Using, as the name or decoration of goods, a sign that is identical or similar to another's registered trademark on identical or similar goods, thereby misleading the public; or
(2) Intentionally providing storage, transportation, mailing, concealment, or other conditions that can facilitate the infringement of another's exclusive right to use a registered trademark.
 
Article 51    In the event of an act of infringement of the exclusive right to use a trademark, anyone may file a complaint on, or report, the infringement to an administrative department for industry and commerce.
 
Article 52    With respect to an act of infringement of the exclusive right to use a trademark, the fine to be imposed on the infringer shall be not more than three times the illegal turnover; if the illegal turnover cannot be calculated, the fine to be imposed on the infringer shall be not more than RMB100,000.
 
Article 53    Where a trademark owner believes that another's registration of its well-known trademark as an enterprise name may deceive or mislead the public, the said owner may apply to the relevant enterprise name registration authority to cancel the registration of that enterprise name. The enterprise name registration authority shall handle the matter in accordance with the Provisions on the Administration of Enterprise Name Registration.
Chapter 8: Supplementary Provisions
 
Article 54    A service mark that had been continuously used up to 1 July 1993 and is identical or similar to a service mark registered by another for the same or similar service may continue to be used; the use, however, if having been suspended for three years or more after 1 July 1993, shall cease to continue.
 
Article 55    The specific administrative measures for trademark agencies shall be separately formulated by the State Council.
 
Article 56    The Classification of Goods and Services for Trademark Registration shall be formulated and published by the State Council's administrative department for industry and commerce.
 
The document format for trademark registration application or for the handling of other trademark matters shall be formulated and published by the State Council's administrative department for industry and commerce.
 
The review and adjudication rules of the TRAB shall be formulated and published by the State Council's administrative department for industry and commerce.
 
Article 57    The Trademark Office establishes a Trademark Register, in which the registered trademarks and related registration matters are recorded. The Trademark Office compiles, prints, and distributes a Trademark Gazette, in which the trademark registration and other related matters are published.
 
Article 58    The trademark registration application or the handling of other trademark matters shall be accompanied by the payment of fees. The items and standards for payment of fees shall be formulated and published by the State Council's administrative department for industry and commerce, in conjunction with the State Council's pricing department.
 
Article 59    These Regulations shall take effect as of 15 September 2002. The Implementing Regulations for the Trademark Law of the People's Republic of China, which were promulgated by the State Council on 10 March 1983, with first revision approved by the State Council on 3 January 1988 and second revision approved by the State Council on 15 July 1993, shall, together with the Reply of the State Council Concerning the Issue of Appending Certificates When Handling Trademark Registration promulgated on 23 April 1995, be repealed simultaneously.