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(Adopted at the 24th Session of the
Standing Committee of the Fifth National People¡¯s Congress on
23 August 1982; first amended by the ¡°Decision Regarding 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; again amended by the ¡°Decision Regarding
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 27
October 2001.)
Table of Contents
Chapter 1 General
Provisions
Chapter 2 Application for Trademark
Registration
Chapter 3 Examination and Approval of Trademark
Registration
Chapter 4 Renewal, Assignment, and Licensing of
Registered Trademarks
Chapter 5 Adjudication of Disputes Involving
Registered Trademarks
Chapter 6 Administration of Trademark
Use
Chapter 7 Protection of the Exclusive Rights to Use
Registered Trademarks
Chapter 8 Supplementary
Provisions
Chapter
1 General
Provisions
Article 1 This Law is enacted for the purposes
of improving the administration of trademarks, protecting the
exclusive right to use a trademark, and encouraging producers
to guarantee the quality of their goods and maintain the
reputation of their trademarks, with a view towards protecting
consumers¡¯ interests and promoting the development of a
socialist market economy.
Article 2 The Trademark Office of the State
Administration for Industry and Commerce under the State
Council shall be responsible for the registration and
administration of trademarks throughout the
country.
Article 3 A registered trademark means a
trademark that has been approved and registered by the
Trademark Office. A trademark registrant shall enjoy an
exclusive right to use the trademark, which shall be protected
by law.
For the purposes of this law, a collective mark is
a mark registered in the name of a group, association, or any
other organization and used by its members to indicate
membership.
For the purposes of this law, a certification mark
is a mark which is owned by an organization that exercises
supervision over a particular product or service and which is
used to indicate that third-party goods or services meet
certain standards pertaining to place of origin, raw
materials, mode of manufacture, quality, or other
characteristics.
Particulars pertaining to the registration and
administration of collective marks and certification marks
shall be formulated by the State Administration for Industry
and Commerce under the State
Council.
Article 4 Any natural person, legal person, or
other organization desirous of acquiring the exclusive right
to use a trademark for the goods produced, manufactured,
processed, selected, or marketed by it or him shall file an
application for the registration of the goods mark with the
Trademark Office. Any natural person, legal person, or other
organization desirous of acquiring the exclusive right to use
a service mark for the services provided by it or him shall
file an application for the registration of the service mark
with the Trademark Office.
The provisions in this law concerning goods
trademarks shall apply to service
marks.
Article 5 Two or more natural persons, legal
persons, or other organizations may jointly file an
application for the registration of a trademark and jointly
enjoy and exercise an exclusive right to use the
mark.
Article 6 For goods that must be used in
connection with a registered trademark as prescribed by the
State, a trademark registration must be applied for. Where no
trademark registration has been granted, such goods cannot be
sold on the marked.
Article 7 Any user of a trademark shall be
responsible for the quality of the goods in connection with
which the trademark is used. The administrative authorities
for industry and commerce at all level shall exercise
supervision over the quality of the goods and shall prohibit
any practice that defrauds the
consumer.
Article 8 An application may be made to
register as a trademark any word, device, any letter of the
alphabet, any number, three-dimensional symbol, and colour
combination, or any combination thereof, that identifies an
distinguishes the goods of a natural person, legal person, or
other organization from those of
others.
Article 9 A trademark seeking registration
shall be so distinctive as to be distinguishable and shall not
infringe upon the prior legitimate rights of
others.
A trademark registrant shall have the right to
display the wording ¡°Registered Trademark¡± or a sign
indicating that it is
registered.
Article 10 The following words or devices 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; those
identical with the names of the specific locations that are
seats of central state organs; or those identical with the
names or designs of landmark
buildings;
2) those identical with or similar to the state
names, national flags, national emblems or military flags of
foreign countries, except with the permission of the
government of the country
involved;
3) those identical with or similar to the flags,
emblems, or names of international inter-governmental
organizations, except with the permission of the organization
concerned or where no likelihood of public confusion
exists;
4) those identical with or similar to an official
mark or inspection seal that indicates control and guarantee,
except where authorized;
5) those identical with or similar to the symbols
or names of the Red Cross or the Red
Crescent;
6) those that discriminate against any
nationality;
7) those in the nature of exaggeration and fraud in
advertising; and
8) those detrimental to socialist morals or
customs, or having other unhealthy
influences.
The geographical names of administrative divisions
at or above the county level and foreign geographical names
well-known to the public shall not be used as trademarks,
except for geographical names that have other meaning or
constitute part of a collective mark or certification mark.
Registered trademarks that use geographical names shall
continue to be valid.
Article 11 The following marks are not
registrable as a
trademark:
1) Names, devices, or designs that are generic to a
class or group of goods;
2) Marks that merely indicate the quality,
principal raw materials, function, use, weight, quantity or
other features of the goods in respect of which the marks are
used;
3) Marks that lack distinctive
characteristics.
A mark to which the above provisions are applicable
but which has acquired distinctiveness through use and is
readily distinguishable may be registrable as a
trademark.
Article 12 Registration shall be refused where a
three-dimensional design merely indicates the shape inherent
in the nature of the goods concerned. Registration also shall
be refused where a three-dimensional design is only dictated
by the need to achieve technical effects or the need to give
the goods substantive
value.
Article 13 Where a mark is a reproduction,
imitation, or translation of a third-party¡¯s famous trademark
which has not been registered in China and where the goods are
identical or similar, which may cause public confusion and
damage the interests of the registrant of the famous mark, no
registration shall be granted and the use of the mark shall be
prohibited.
Where a mark is a reproduction, imitation, or
translation of a third-party¡¯s famous trademark which has been
registered in China and where the goods are not identical or
dissimilar, which may mislead the public and cause injury to
the interests of the registrant of the famous trademark, no
registration shall be granted and the use of the mark shall be
prohibited.
Article 14 The following factors shall be
considered in determining whether or not a mark is a famous
trademark:
1) The degree of public recognition of the mark in
its trading areas;
2) how long the mark has been in
use;
3) the duration and extent of advertising and
publicity of the mark, and the geographical extent of the
trading areas in which the mark is
used;
4) the protection of the mark as a famous
trademark; and
5) other reasons for the fame of the
trademark.
Article 15 Where an agent or representative,
without the authorization of the principal, seeks to register
in the agent¡¯s name the principal¡¯s trademark and where the
principal objects, registration shall be refused and the use
of the mark shall be
prohibited.
Article 16 Where a trademark includes a
geographical sign that does not describe the location or the
origin of the goods in question, the term causes confusion
among members of the public and shall be refused registration.
Its use as a trademark also shall be prohibited. However,
where a registration has been obtained in goodwill, such
registration shall continue to be
valid.
The geographical sign referred to in the above
paragraph means that it is the place of orign on the goods at
issue and that the special qualities, reputation or other
characteristics of the goods are primarily determined by the
natural conditions or other humanistic conditions of the
geographical location
involved.
Article 17 Any foreigner or foreign enterprise
desirous of applying 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
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 of foreign enterprise
desirous of applying for the registration of a trademark or
processing any other trademark matters in China shall retain
any of the organizations designated by the State to be his or
its agent.
Chapter
2 Application for
Trademark Registration
Article 19 A trademark registration applicant
shall indicate on the application the class of goods and
describe the goods with which the mark is used, based on the
prescribed schedule of classes of
goods.
Article 20 Where the applicant intends to use
the same trademark for goods in different classes, an
application shall be filed for each class based on the
prescribed schedule of classes of
goods.
Article 21 Where a trademark registrant intends
to use the trademark in connection with other goods in the
same class for which the registration was granted, a new
application shall be
filed.
Article 22 Where any word or device of a
registered trademark is to be altered, a new application shall
be filed.
Article 23 Where, after the registration of a
trademark, the name, address, or other matters pertaining to
the registrant change, an application regarding the change
shall be filed.
Article 24 An application for registration of a
mark filed by a party that has previously duly filed an
application to register the same mark in connection with the
same goods in a foreign country shall be accorded priority in
accordance with any agreement concluded between the PRC and
the foreign country concerned, or with the international
treaty to which both countries are parties, or on the basis of
the principle of reciprocity, provided that the application in
China is filed within six months from the date on which the
application was first filed in the foreign
country.
An applicant claiming priority in accordance with
the above provision shall so state in writing at the time of
filing the application and shall submit within three months a
copy of the original trademark application. An applicant who
fails to claim priority in writing or to submit a copy of the
original trademark application by the specified time shall be
deemed as not claiming
priority.
Article 25 Where an applicant uses a trademark
for the first time on goods displayed at an international
exhibition organized or recognized by the Chinese Government,
it may claim priority provided it files an application to
register the mark within six months from the date of the
exhibition.
An applicant claiming priority in accordance with
the above provision shall so state in writing at the time of
filing the application and shall submit within three months
the name of the exhibition, evidence proving the use of the
mark on the goods displayed, and documents validating the date
of the exhibition. An applicant who fails to claim priority in
writing or to submit the papers shall be deemed as not
claiming priority.
Article 26 Matters submitted in the trademark
application and all information provided shall be truthful,
accurate, and complete.
Chapter
3 Examination and
Approval of Trademark
Application
Article 27 Where a trademark application
complies with the relevant provisions of this Law, it shall be
approved for publication by the Trademark Office after
examination.
Article 28 Where a trademark application does
not complies with the relevant provisions in this Law or is
identical with or similar to a registered trademark used in
connection with the same or similar goods, its registration
shall be refused by the Trademark Office after examination and
the mark shall not be
published.
Article 29 Where two or more applicants apply to
register identical or similar trademarks for use in connection
with the same or similar goods, the Trademark Office shall
first examine and approve for publication the mark with the
earliest application date. Where the applications are filed on
the same date, the Trademark Office shall first examine and
approve for publication the mark with the earliest date of
use. Registration of the other trademark applications shall be
refused and the marks shall not be
published.
Article 30 Any person may, within three months
from the date of publication, file to oppose a trademark
application that has been published after a preliminary
examination and approval. Where no opposition is filed after
three months, the application shall be approved for
registration, a certificate of registration shall issue, and
the mark shall be
published.
Article 31 No trademark application shall
infringe upon another party¡¯s existing prior rights. Nor shall
an applicant rush to register in an unfair manner a mark that
is already in use by another party and enjoys substantial
influence.
Article 32 Where registration is refused and the
mark has not been published, the Trademark Office shall notify
the applicant of the refusal in writing. Where the applicant
is dissatisfied, it may, within fifteen days from receipt of
the notification, apply for a review. The Trademark Review and
Adjudication Board shall make a final decision and notify the
applicant in writing.
Where the applicant is dissatisfied with the
decision of the Trademark Review and Adjudication Board, it
may appeal to the People¡¯s Court within 30 days from receipt
of the notification.
Article 33 Where an opposition is filed against
a trademark published after preliminary examination, the
Trademark Office shall hear the facts and grounds submitted by
the opposer and the opposed and shall make a decision after
investigation and verification. Where a party is dissatisfied
with the decision, it may, within 15 days from the receipt of
notification, apply in writing to the Trademark Review and
Adjudication Board for a review. The Trademark Review and
Adjudication Board shall rule on the case and shall notify
both the opposer and the applicant in writing
accordingly.
Where a party is dissatisfied with the ruling of
the Trademark Review and Adjudication Board, it may file
institute legal proceedings with a People¡¯s Court within
thirty days from the receipt of notification. The People¡¯s
Court shall notify the other party in the trademark review
proceedings, which shall participate in the proceedings as
third party.
Article 34 Where an applicant fails to apply to
the Trademark Office for a review of the Office¡¯s decision or
to institute legal proceedings with a People¡¯s Court
contesting the decision of the Trademark Review and
Adjudication Board within the statutory time limits, the
decision shall go into
effect.
If the opposition is rejected, the mark shall be
approved for registration, a certificate of registration shall
issue, and the mark shall be published. Where the opposition
is upheld, registration of the mark shall be
refused.
Where the board or the court rules against the
opposer and approves the trademark for registration, the
applicant may date its exclusive right to use the mark from
three months after the date of publication of the mark
following its preliminary
examination.
Article 35 Trademark applications and
applications for review shall be examined
promptly.
Article 36 Where a trademark applicant or
trademark registrant discovers an obvious error on the
trademark application or on the certificate of registration,
it may apply to have it corrected. The Trademark Office shall
make corrections to the extent permitted by its functions and
powers in accordance with the law and shall notify the party
concerned.
The correction of errors provided for in the above
paragraph shall not involve substantive matters in the
application or registration
documents.
Chapter
4 Renewal,
Assignment, and Licensing of Trademark
Registrations
Article 37 A trademark registration shall
remain valid for a period of ten years from the date of
approval for
registration.
Article 38 Where the registrant intends to
continue to use the registered trademark beyond the 10-year
period, an application to renew the registration shall be make
within six months prior to the date of expiration. Where no
application for renewal is filed within the six-month period,
a grace period of six months is allowed. If no application for
renewal is filed at the expiration of the grace period, the
registered trademark shall be
cancelled.
A trademark registration may be renewed each time
for a period of ten years.
After a trademark registration is renewed, it shall
be published.
Article 39 To assign a registered trademark, the
assignor and assignee shall sign a transfer agreement and
jointly file an application with the Trademark Office. The
assignee shall guarantee the quality of the goods in
connection with which the mark is
used.
The assignment of a registered trademark shall be
published after it has been approved. The assignee shall enjoy
exclusive right to use the mark starting from the date of
publication.
Article 40 A trademark registrant may, by
signing a trademark licensing agreement, authorize other
parties to use its registered trademark. The licenser shall
supervise the quality of the goods in connection with which
the licensee uses its registered trademark and the licensee
shall guarantee the quality of the goods in respect of which
the registered trademark is
used.
Where a party is licensed to use another party¡¯s
registered trademark, the name of the licensee and the place
of origins of the goods must be indicated on the goods that
bear the registered
trademark.
The trademark licensing agreement shall be
submitted to the Trademark Office for
record.
Chapter
5 Adjudication of
disputes Concerning Registered
Trademarks
Article 41 Where a trademark registration
violates the provisions of Articles 10, 11, and 12 of this
Law, or the registration of a trademark was acquired by fraud
or any other improper means, the Trademark Office shall cancel
the registration at issue. Any organization or individual may
request that the Trademark Review and Adjudication Board make
a ruling to cancel such a registered
trademark.
Where a registration violates the provisions of
Articles 13, 15, 16, or 31 of this Law, the owner of a
trademark or any interested party may, within five years from
the date of registration, request that the Trademark Review
and Adjudication Board make a ruling to cancel the
registration. Where the registration was obtained with ill
will, the owner of a famous trademark shall not be bound by
the five-year limitation.
In addition to those cases as provided for in the
two preceding paragraphs, any party desirous of contesting a
trademark registration, may, within five years from the date
of approval of the 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 submit arguments by a
specified time.
Article 42 No application for adjudication shall
be filed against a trademark that has been the subject of
opposition and decision prior to registration based on the
same facts and grounds.
Article 43 After the Trademark Review and
Adjudication Board has make a final ruling either to maintain
or to cancel a registered trademark, it shall notify the
interested parties accordingly in
writing.
Where the interested party is dissatisfied with the
ruling of the Trademark Review and Adjudication Board, it may,
within thirty days from the receipt of notification, institute
legal proceedings in a People¡¯s Court. The People¡¯s Court
shall notify the other interested parties in the trademark
adjudication proceedings to take part in the legal proceedings
as third parties.
Chapter
6 Administration
of the Use of Trademarks
Article 44 Where a trademark registrant commits
any of the following, the Trademark Office shall order it to
rectify the situation by a specified time or cancel the
registered trademark:
1) Altering the registered trademark without
approval;
2) Altering the name, address, or other matters
concerning the registrant without
approval;
3) Assigning the trademark without approval;
or
4) Ceasing to use the registered trademark for
three consecutive years.
Article 45 Where registered trademark is used in
connection with shoddily manufactured goods or with
inferior-quality goods passed off as superior-quality ones so
as to deceive consumers, the administrative authorities for
industry and commerce at any level shall order that the
situation be rectified by a specified time and, depending on
the circumstances, circulate a notice of criticism or impose a
fine. The Trademark Office also may cancel the registered
trademark.
Article 46 Where a registered trademark has been
cancelled or has not been renewed upon expiration, the
Trademark Office shall not approve any application for the
registration of a trademark that is identical to or similar
with the said trademark for a period of one year from the date
of cancellation or the date of
expiration.
Article 47 Where a party violates the provisions
of Article 6 of this Law, the local administrative authority
for industry and commerce shall order it to file an
application to register the mark within a specified period and
may, in addition, impose a
fine.
Article 48 Where a party that uses an
unregistered trademark has committed any of the following, the
local administrative authority for industry and commerce shall
prohibit the use of the trademark, order the party to rectify
the situation within a specified period, and may, in addition,
circulate a notice of criticism or impose a
fine:
1) Misrepresenting the trademark as
registered;
2) Violating the provision of Article 10 of this
Law; or
3) Using the mark in connection with shoddily
manufactured goods or inferior-quality goods passed off as
superior-quality ones in order to deceive
consumers.
Article 49 A party that is dissatisfied with
the decision of the Trademark Office to cancel a registration
may, within fifteen days from receipt of notification, apply
to the Trademark Review and Adjudication Board for a review.
The Trademark Review and Adjudication Board shall make a
decision and notify the applicant in
writing.
If the party is dissatisfied with the decision of
the Trademark Review and Adjudication Board, it may institute
legal proceedings with a People¡¯s Court within 30 days from
receipt of notification.
Article 50 Where the party involved is
dissatisfied with the decision of the administrative authority
for industry and commerce to impose a fine under Article 45,
47, or 48 of this Law, within 15 days from receipt of
notification, institute legal proceedings with a People¡¯s
Court. Where the party neither complies with the decision nor
institutes legal proceedings within a specified period, the
administrative authority for industry and commerce concerned
may request a People¡¯s Court to enforce the
decision.
Chapter
7 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 connection
with which the trademark is to be
used.
Article 52 Any of the following constitutes an
infringement of the exclusive right to use a registered
trademark:
1) Using a trademark that is identical with or
similar to a registered trademark in connection with the same
or similar goods without the authorization of the owner of the
registered trademark;
2) Selling goods that violate the exclusive right
to use a registered
trademark;
3) Counterfeiting, or making, without
authorization, representations of another party¡¯s registered
trademark, or selling such
representations;
4) Altering another party¡¯s registered trademark
without authorization and selling goods bearing such an
altered trademark; and
5) Otherwise causing prejudice to another party¡¯s
exclusive right to use its registered
trademark.
Article 53 When a dispute arises after a party
commits any of the acts infringing upon another party¡¯s
exclusive right to use a registered trademark as enumerated in
Article 52 of this Law, the parties involved shall settle the
dispute through consultation. Where the parties refuse to
pursue consultation or where consultation has failed, the
trademark registrant or any interested party may institute
legal proceedings with a People¡¯s Court or ask the
administrative authority for industry and commerce to handle
the matter. Upon determining that trademark infringement has
taken place, the administrative authority for industry and
commerce shall order the infringer to cease its infringing
activity immediately, confiscate and destroy the infringing
goods and any instruments specifically used to manufacture the
infringing goods and counterfeit registered trademark, and
even impose a fine. Where the party is dissatisfied with the
decision of the administrative authority for industry and
commerce, it may, within 15 days from the receipt of
notification, institute legal proceedings with a People¡¯s
Court in accordance with the Administrative Procedural Law of
the People¡¯s Republic of China. Where the
infringer neither institutes legal proceedings nor complies
with the decision within the specified period, the
administrative authority for industry and commerce may request
that the People¡¯s Court enforce its decision. Where a party so
requests, the administrative authority for industry and
commerce handling a dispute may mediate in settling the amount
of damages. Where mediation fails, a party may institute legal
proceedings with a People¡¯s Court in accordance with the Civil
Procedural Law of the People¡¯s Republic of China.
Article 54 The administrative authority for
industry and commerce is authorized to investigate any conduct
infringing upon the exclusive right to use a registered
trademark. Where a crime is suspected to have been committed,
the administrative authority for industry and commerce shall
promptly turn over the case to the judicial department to be
dealt with in accordance with the
law.
Article 55 Administrative authorities for
industry and commerce above the county level may, based upon
existing evidence of illegal conduct or information supplied
by a member of the public, exercise the following powers in
investigating activities suspected of having infringed upon
another party¡¯s exclusive right to use a registered
trademark:
1) Question the parties involved and investigate
the circumstances surrounding the infringement of another
party¡¯s exclusive right to use a registered
trademark;
2) Study and copy the parties¡¯ contracts, invoices,
books, and other materials pertaining to the
trademark-infringing
activities;
3) Conduct an on-site inspection of the premises
where the party has carried out activities allegedly
infringing upon another party¡¯s exclusive right to use a
registered trademark; and
4) Inspect articles involved in
trademark-infringing activities. Articles that are proven to
have infringed upon another party¡¯s exclusive right to use a
registered trademark may be sealed and taken into
custody.
The parties involved shall assist and cooperate
with the administrative authority for industry and commerce as
the latter exercises the powers provided for in the above
paragraph in accordance with the law and shall not refuse or
obstruct questioning or
inspection.
Article 56 The amount of damages for trademark
infringement shall be the profit that the infringer has earned
as a result of the infringement during the period of the
infringement or the losses that the infringee has suffered as
a result of the infringement during the period of the
infringement, including any reasonable expenses the infringee
has incurred in its effort to stop the
infringement.
Where the profits earned by the infringer or losses
suffered by the infringee referred to in the above paragraph
cannot be determined, a People¡¯s Court shall award damages up
to 500,000 yuan, depending on the facts of the
case.
Where a party unknowingly sells goods that infringe
upon another party¡¯s exclusive right to use a registered
trademark but can prove that it has obtained the goods
lawfully and is able to identify the supplier, it shall not be
held liable for damages.
Article 57 Where a trademark registrant or any
interested party submits evidence proving that another party
is engaged in or will soon engage in actions that infringe
upon the former¡¯s exclusive right to use its registered
trademark and that, unless they are stopped promptly, will
cause irreparable injury to its legitimate rights and
interests, may, before filing a lawsuit, apply to a People¡¯s
Court for the granting of an injunction prohibiting the
actions and protecting its
assets.
The People¡¯s Court shall apply the provisions in
Articles 93 through 96 and in Article 99 of the Civil
Procedural Law of the People¡¯s Republic of China in handling
the application provided for in the above
paragraph.
Article 58 With a view towards prohibiting
trademark-infringing activities and where evidence may be
destroyed or lost or become unobtainable in the future, a
trademark registrant or an interested party may, prior to
filing a lawsuit, apply to a People¡¯s Court to have evidence
preserved.
The People¡¯s Court shall make a ruling within 48
hours from the acceptance of the application. A ruling to have
evidence preserved must be enforced
immediately.
The People¡¯s Court may order the applicant to
provide security. Where no security is provided, the People¡¯s
Court may reject the
application.
Where the applicant fails to institute legal
proceedings within 15 days after the People¡¯s Court grants the
protective measure, the People¡¯s Court shall rescind the
protective measure.
Article 59 Where a party, without the
authorization of a trademark registrant, uses a mark identical
to the registrant¡¯s mark and on the same goods as those in
connection with which the registered mark is used, and where
the case is so serious as to constitute a crime, the party
shall be prosecuted, according to the law, for its criminal
liabilities in addition to being required to compensate the
infringee for the damages suffered by the
infringee.
Where a party counterfeits, or makes, without
authorization, representations of another party¡¯s registered
trademark, or sells such representations, and the case is so
serious as to constitute a crime, the party shall be
prosecuted, according to the law, for its criminal liabilities
in addition to being required to compensate the infringee for
the damages suffered by the
infringee.
Where a party sells goods that it knows bears a
counterfeit registered trademark, and the case is so serious
as to constitute a crime, the party shall be prosecuted,
according to the law, for its criminal liabilities in addition
to being required to compensate the infringee for the damages
suffered by the infringee.
Article 60 State personnel engaged in trademark
registration, administration, and review shall be impartial in
implementing the law, incorruptible and self-disciplined, and
devoted to their duty, and shall provide civilized
services.
State personnel in the Trademark Office and the
Trademark Review and Adjudication Board and other personnel
engaged in trademark registration, management, and review
shall not be involved in trademark agency services or in the
production or buying and selling of
goods.
Article 61 Administrative authorities for
industry and commerce shall establish and perfect an internal
supervisory system to supervise and inspect the way state
personnel responsible for trademark registration,
administration, and review implement the law and
administrative rules and regulations and observe
discipline.
Article 62 Where state personnel engaged in
trademark registration, administration, and review are
derelict of duty, abuse their office, and practice fraud for
personal considerations; where they handle trademark
registration, administration, and re-examination matters in
violation of the law; where they accept money or properties
from a party in a trademark matter; where they seek improper
gains; and where the case is so serious as to constitute a
crime, they shall be prosecuted, according to the law, for
their criminal liabilities. Where the case does not constitute
a crime, the worker involved shall be subject to
administrative disciplinary
measures.
Chapter
8 Supplementary
Provisions
Article 63 Any application for a trademark
registration and for the processing of other trademark matters
shall be subject to the payment of the prescribed fee. The
schedule of fees shall be prescribed
separately.
Article 64 This Law shall enter in force on 1
March 1983. The Regulations for Trademark Administration
promulgated by the State Council on 10 April 1963 shall be
abrogated on the same date, and any other regulations
pertaining to trademarks which conflict with 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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