State Council, PRC Trademark Law Implementing Regulations

Promulgated: August 3 2002
Effective: September 15 2002

Main contents: Implementing Regulations cover the following topics: application for trademark registration; examination of the application for trademark registration; alteration, assignment and extension of registered trademarks; review and adjudication of trademarks, administration of the use of trademarks; and protection of the exclusive right to use a trademark.
Article 8 stipulates that Chinese language shall be used when applying for trademark registration and handling other trademark matters. Where the certificates, supporting documents and materials that must be submitted in accordance with the Trademark Law and its Implementing Regulations are in a foreign language, a Chinese translation shall be attached.
If a foreigner or foreign enterprise appoints a trademark agent to apply for trademark registration or handle other trademark matters, the appointment letter submitted shall state the nationality of the principal. Notarization or authentication procedures for appointment letters or other certificates of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity. The "foreigners and foreign enterprises" as referred to in Article 18 of the Trademark Law shall mean the foreigners and foreign enterprises that do not have a permanent place of residence or place for business operation (Article 7).
Where two or more applicants apply on the same day for the registration of identical or similar trademarks for identical or similar commodities, each applicant shall, within 30 days of the date of receipt of the notification of the Trademark Office, submit proof of use of the trademark before the application. Where the trademark was used on the same day or has not been used by both parties, the applicants shall, within 30 days of the date of receipt of the notification of the Trademark Office, consult each other on their own and submit the written agreement to the Trademark Office. If the applicants do not wish to consult each other or no agreement is reached, the Trademark Office shall notify the applicants that the result will be decided by the method of drawing lots, and shall reject the registration applications of any others (Article 19).
The Trademark Review and Adjudication Board shall, based on the petition of a party or actual needs, decide to conduct public review and adjudication on an application for trademark review and adjudication. The Trademark Review and Adjudication Board shall inform the party the date, location of the public review and adjudication and the adjudication personnel 15 days before the public review and adjudication. The party shall reply within the time limit stipulated in the notification letter (Article 33).
The Implementing Regulations also set out the penalties for infringements of the exclusive right to use a registered trademark. Where a Trademark Registration Certificate is forged or altered, criminal liability shall be pursued in accordance with the relevant provisions of the criminal law on the crime of forging and altering the certificates of State authorities or other crimes (Article 38).
Related legislation: PRC, Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75
Repealed legislation: PRC Trademark Law Implementing Rules promulgated by the State Council on March 10 1983, approved by the State Council for first amendment on January 3 1988 and approved by the State Council for second amendment on July 15 1993 and State Council, Questions Concerning Certificates Attached for Trademark Registration Official Reply, Apr 23 1995