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
Chapter
II. Application for Trademark
Registration
Chapter
III. Examination for and Approval Trademark Registration
Chapter
IV. Renewal, Assignment and Licensing of Registered Trademarks
Chapter
V. Adjudication of Disputes Concerning Registered Trademarks
Chapter
VI. Administration of the Use of Trademarks
Chapter
VII. Protection of the Exclusive Rights to Use Registered Trademarks
Chapter
VIII. Supplementary Provisions
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.
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.
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.
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.
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.
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.
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.
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.
