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

   


Chapter I

General Provisions

Article 1

This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive rights to use a trademark, and of encouraging producers and sellers to guarantee the quality of their goods and services, and maintain the reputation of their trademarks, with a view to protecting consumers, producers and sellers' interests and promoting the development of socialist commodity economy.

Article 2

The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademark throughout the country.

The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for handling trademark disputes.

Article 3

A registered trademark means a trademark that has been approved and registered by the Trademark Office, which includes goods mark, service mark, collective mark and certification mark. The trademark registrant shall enjoy an exclusive right to use the trademark, which shall be protected by law.

A collective mark referred in this law, means a mark registered in the name of a society, association or other organization, used by members of such organization in their trade, for the purposes of indicating the membership of users.

A certification mark referred in this law, means a mark which is controlled by an organization with the ability of supervision over a particular goods or service but used by the units or individuals other than the said organization, for the purpose of certifying the place of origin, raw material, manufacturing process, quality, or other particular features of the goods or service.

The specific measures for the registration and administration for collective mark and certification marks shall be established separately by administrative authority for industry and commerce under the State Council.

Article 4

Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the goods trademark with the Trademark Office.

Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for services provided by it or him, shall file an application for the registration of the service trademark with the Trademark Office.

The provisions made in this Law concerning goods trademarks shall apply to service marks.

Article 5

Two or more natural persons, legal persons or other organizations, intending to acquire the exclusive right to use the same trademark, may jointly file an application for the registration of the trademark with the Trademark Office, and jointly enjoy and exercise an exclusive right to use the trademark.

Article 6

As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be sold on the market.

Article 7

Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, exercise supervision over the quality of the goods and shall stop any practice that deceives consumers.

Article 8

Any visible sign that is capable to distinguish the goods and services of a natural person, legal person and other organization from those of others, in particular, words, devices, letters, numerals, three-dimensional signs and combination of colors, as well as any combination of such signs, shall be eligible for application for registration as trademark.

Article 9

A trademark that is applied for registration shall be so distinctive as to be distinguishable and shall not be in conflict to any legitimate prior rights of others.

The trademark registrant has the right to carry the indication of "Registered Trademark" or a sign indicating that it is registered

Article 10

The following indications shall not be used as trademarks:

1.      Those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China, or identical with the name of particular site where the central government is located, or the name or shape of a building with symbolic significance;

2.      Those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, unless otherwise consented by the government concerned;

3.      Those identical with or similar to the names, flags, or emblems of international intergovernmental organizations, unless otherwise consented by the organization or there is no likelihood to lead public confusion;

4.      Those identical with or similar to the official identification, inspection seal that certifying control and guarantee, unless otherwise authorized;

5.      Those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;

6.      Those having the nature of discrimination against any nationality;

7.      Those having the nature of exaggeration and fraud in advertising goods; and

8.      Those detrimental to socialist morals or customs, or having other unhealthy influences.

The geographical names as the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or having been registered as part of collective mark or certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

Article 11

The following indications shall not be registered as trademarks:

1.      Those only relating to generic names, designs or model of the goods in respect of which the trademark is used;

2.      Those only having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of' the goods in respect of which the trademark is used;

3.      Those lacking distinctiveness

The signs as listed in the proceeding paragraph acquiring distinctiveness through use and becoming distinguishable, shall be approved and registered as a trademark.

Article 12

Where a three-dimensional sign is applied for the registration of a trademark, the general shapes of which the designated goods inherently have, and the shapes that are indispensable in achieving the technical results or demonstrating the substantive function of goods, shall not be registered.

Article 13

Where a trademark for which the registration is applied in respect of identical or similar goods, is a reproduction, imitation or translation of a well-known trademark of another person which has not been approved and registered in China, thus being liable to create confusion, the application for registration shall be refused and the use thereof shall be prohibited.

Where a trademark for which the registration is applied in respect of dissimilar goods, is a reproduction, imitation or translation of a well-known trademark of another person which has been approved and registered in China, thus being liable to mislead the public, so as to cause a likelihood damage on the interests of the registrant of the well-known trademark, the application for registration shall be refused and the use thereof shall be prohibited.

Article 14

In recognizing a well-known trademark, the following factors shall be considered:

1.      The recognition of the trademark by the members of the public concerned;

2.      Continuous use of the trademark;

3.      Continuation, extent and geographical areas of any publicity of the said trademark;

4.      The records of protection of the trademark as a well-known mark; and

5.      Other factors demonstrating the mark is well-known.

Article 15

Where the trademark of a person for whom the agent or representative acts is, without authorization, applied by the agent or representative in his name for registration, and the person for whom the agent or representative acts files an opposition, the application for registration shall be refused and the use thereof shall be prohibited.

Article 16

Where a trademark contains a geographical indication of goods, which is not the area from which the goods is originated, thus misleading the public, the application for registration shall be refused and the sue thereof shall be prohibited. Where the registrations already acquired in good faith shall continue to be valid.

The geographical indication mentioned in the proceeding paragraph refers to an indication which identifies that the goods as originating from a particular area, where a given quality, reputation or other characteristic of goods is essentially attributable to its natural factors or human factors of the geographical origin.

Article 17

Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.

Article 18

Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as recognized by the State to act as his or its agent.

Chapter II

Application for Trademark Registration

Article 19

An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods are the designation of the goods in respect of which the trademark is to be used.

Article 20

Where any applicant for trademark registration intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.

Article 21

Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.

Article 22

Where any indications of a registered trademark is to be altered, a new registration shall be applied for.

Article 23

Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.

Article 24

Where, within six months from the date on which the applicant for trademark registration first filed in a foreign country an application for trademark registration, he or it files in China an application for trademark registration of the identical mark in respect identical goods, he or it may, in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity, enjoy a right of priority.

Any applicant who claims the right of priority in accordance with the provisions of the proceeding paragraph, shall make a written declaration when the application is filed, and submit, within three months, a copy of the trademark application document which was first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting the trademark application document, the claim to the right of priority shall be deemed not to have been made.

Article 25

Where, within six months from the date on which the goods bearing the trademark exposed on the international exhibition sponsored or recognized by the Chinese Government, the applicant for the trademark registration shall, enjoy the right of priority.

Any applicant for trademark registration who claims the right of priority in accordance with the provisions of the proceeding paragraph, shall make a written declaration when the application is filed, and submit, within three months, the documents as the name of the exhibition, evidences on the use of the trademark in respect of the exposed goods and the date of display; if the applicant fails to make a written declaration or to meet the time limit for submitting the evidencing document, the claim to the right of priority shall be deemed not to have been made.

Article 26

Matters and documents for application for trademark registration shall be authentic, accurate and complete.

Chapter III

Examination for and Approval Trademark Registration

Article 27

Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.

Article 28

Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.

Article 29

Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.

Article 30

Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.

Article 31

The application for trademark registration shall not jeopardize the earlier existing rights of other's and may not, by any unfair means to preemptively register a trademark which has already been used by another person and of certain influence.

Article 32

Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant for of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from the date of receipt of the notification, apply for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

Where the interested party is not satisfied with the decision of the Trademark Review and Adjudication Board, it or he, may, within thirty days from the date of receipt of the decision institute legal proceedings before a people's court.

Article 33

Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and opposed party state facts and grounds and shall, after investigation and verification, make a decision. Where any party is not satisfied, it or he may, within fifteen days from the date of receipt of the notification, apply for a review with the Trademark Review and Adjudication Board, and the Trademark Review and Adjudication Board shall make a decision and notify both the opponent and opposed party in writing.

Where dissatisfied with the decision made by the Trademark Review and Adjudication Board, the interested party may institute legal proceedings before a people's court within thirty days from the date of receipt of the decision. The people's court shall notify the person that is the opponent part of that party in the opposition procedure to appear as the third party in the legal proceeding.

Article 34

Where the interested party fails, within the statutory period of time, to apply for review on the decision made by the Trademark Office, or to institute legal proceedings before the People's Court on the decision made by the Trademark Review and Adjudication Board, the decision shall be effective.

Where the opposition is decided as not justified, the registration shall be approved, the Certificate of Registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.

Where opposition is decided as not justified and the registration is approved, the date on which the applicant for trademark registration acquires the exclusive right to use the trademark shall be the date of expiration of the period of three months for publication for preliminary approval.

Article 35

Applications for registration of trademarks and reviews thereon shall be examined in time.

Article 36

Where the applicant for registration of trademark or trademark registrant finds that the document of application or the document of registration for trademark has any obvious errors, it or he may request for modification therefor. The Trademark Office shall make such modification within the scope of its power and notify the party concerned.

The modification of errors as mentioned in the proceeding paragraph shall not relate to the substantial content of the document of application or the document of registration for the trademark.

Chapter IV

Renewal, Assignment and Licensing of Registered Trademarks

Article 37

The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

Article 38

Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefor has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.

The period of validity of each renewal of registration shall be ten years.

Any renewal of registration shall be published after it has been approved.

Article 39

Where a registered trademark is assigned, both the assignor and assignee shall sign Trademark Assignment Contract, and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.

The assignment of a registered trademark shall be published after it has been approved. The assignee shall acquire the exclusive right to use the trademark from the date of publication.

Article 40

Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.

Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark.

The trademark license contract shall be submitted to the Trademark Office for record.

Chapter V

Adjudication of Disputes Concerning Registered Trademarks

Article 41

Where a registered trademark stands in violation of the provisions of Articles 10, Article 11 and Article 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.

Where a registered trademark stands in violation of the provisions of Articles 13, Article 15, Article 16 and Article 31, within five years from the date of approval of the trademark registration, any trademark proprietor or the interested party may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark. Where the trademark is registered in bad faith, the five-year limit is not subject to the proprietor of well-known trademark.

In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.

The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.

Article 42

Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.

Article 43

After the Trademark Review and Adjudication Board has made a adjudication either to maintain or to cancel a registered trademark, it shall notify the interested parties of the same in writing.

Where dissatisfied with the decision made by the Trademark Review and Adjudication Board, the interested party may, within thirty days from the date of receipt of the decision, institute legal proceedings before a people's court. The people's court shall notify the person that is the opponent party of that party in the cancellation procedure to appear as a third party in the legal proceeding.

Chapter VI

Administration of the Use of Trademarks

Article 44

Where any person who uses a registered trademark has committed any of the following, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:

1.Where a registered trademark is altered unilaterally (that is, without the required registration);

2. Where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);

3. Where the registered trademark is assigned unilaterally (that is, without the required approval); and

4.  Where the registered trademark has ceased to be used for three consecutive years.

Article 45

Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.

Article 46

Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.

Article 47

Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.

Article 48

Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:

1.  Where the trademark is falsely represented as registered;

2.   Where any provision of Article 10 of this Law is violated; and

3.  Where the manufacture is rough or poor, or where superior quality is replaced by inferior quality, so that consumers are deceived.

Article 49

Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from the date of receipt of the corresponding notice, apply for a review with the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

Where dissatisfied with the decision made by the Trademark Review and Adjudication Board, the interested party may institute legal proceedings before a people's court within thirty days from the date of receipt of the decision.

Article 50

Any party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from the date receipt of the corresponding notice, institute legal proceedings with the people' s court. If there have been instituted no legal proceedings or made no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the people's court for compulsory execution thereof.

Chapter VII

Protection of the Exclusive Rights to Use Registered Trademarks

Article 51

The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

Article 52

Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

1. To use a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization of the proprietor of the registered trademark;

2. To sell goods that infringes the exclusive right of a registered trademark;

3. To counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization;

4. To replace, without authorization of the proprietor of a registered trademark, the representation of the registered trademark on the goods and resell such goods in the market;

5. To cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.

Article 53

Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law, and a disputes arises, it shall be settled through consultation by the interested parties; Where the parties are not willing to consult with each other or where the consultation fails, the trademark registrant or any interested party may institute legal proceedings in the people's court, or request the administrative authority for industry and commerce for actions. When handling the matters, the administrative authority for industry and commerce considers that the infringement is established, it may order the infringer to stop the infringing act immediately, confiscate and destroy the infringing goods and the tools directly used in producing the infringing goods, or falsely reproducing the representations of the registered trademark, or impose a fine. If the infringer is not satisfied with the order, he may, within fifteen days from the date receipt of the notification of the order, institute legal proceedings in people's court in accordance with provisions of the Administrative Procedure Law of the People's Republic of China. If, within the said time limit, such proceedings are not instituted and order is not complied with, the administrative authority for industry and commerce may approach the people's court for compulsory execution. The said authority handling the matter may, upon the request of the parties, mediate in the amount of compensation for the damage caused by the infringement of exclusive right to use a registered trademark. If the mediation fails, the parties may institute legal proceedings in the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 54

The administrative authority for industry and commerce has the power, in accordance with the Law, to investigate and handle the acts of infringing the exclusive right to use a trademark, and shall transfer the cases suspected of being guilty to judicial organs for disposition.

Article 55

In investigating and handling the suspected acts of infringing exclusive right to use a trademark of another person based on the suspected evidences obtained or report, the administrative authority for industry and commerce at or above the county level may excise the following functions and powers:

1. To inquire of the interested parties, investigating into the situations relating to the infringement against the exclusive right to use a trademark;

2. To examine or reproduce such contracts, invoices, account books and any other related materials of the interested party as concerned with the infringing acts;

3. To inspect the sites where the party concerned are suspected of engaging in the infringement of the exclusive right to use a trademark;

4. To check up such articles as related to the infringing acts; and seal or seize the articles for which evidences prove to be infringing of exclusive right to use a trademark of another person;

When the administrative authority for industry and commerce exercise such functions and powers as enumerated in the proceeding paragraph, the interested parties shall give assistance and cooperation thereto and must not refuse or stimy to do so.

Article 56

The amount of compensation for the damage caused by the infringement of the exclusive right to use a trademark shall be assessed on the basis of the profits which the infringer has earned through the infringement, or the losses which the infringee has suffered, which shall include the reasonable expenses for stopping such infringement paid by the infringee.

If it is difficult to determine the profits which the infringer has earned through infringement or the losses which the infringee has suffered as referred in the proceeding paragraph, the people's court shall make a sentence of compensation under the amount of 500,000 Yuan RMB in accordance with the seriousness of infringing acts.

Any person who sells goods that infringe exclusive right to use a trademark of another person, without knowing the same, shall not be liable to compensate for the damage if he can prove that he obtains the goods from a legitimate source.

Article 57

Where any trademark registrant or interested party has evidence to prove that another person is infringing or will soon infringe its or his exclusive right to use a trademark and that if such infringing act is not checked or prevented from occurring in time, it is likely to cause irreparable harm to it or him, it or he may, before any legal proceedings are instituted, request the people's court to adopt measures for ordering the suspension of relevant acts and the preservation of property.

The people's court when dealing with the request mentioned in the proceeding paragraph, shall apply the provisions of Article 93 through Article 96 and Article 99 of the Civil Procedure Law of the People's Republic of China.

Article 58

In case where the evidences could be lost or difficult to be obtained, the trademark registrant or interested party, may, in order to prevent infringing acts, request the people's court for ordering the adoption of measures for preservation of evidences before any legal proceedings are instituted.

After receiving an application, the people's court, must, make an order within 48 hours; if the order for the adoption of preservation of evidences measures is made, the execution thereof shall begin immediately.

The people's court may order the applicant to provide security, if it or he fails to do so, his application shall be rejected.

Where the applicant fails to bring the suit within 15 days after the people's court has adopted the measure of preservation, the people's court shall terminate the measures of preservation.

Article 59

Where any person, without the authorization of the trademark registrant, uses a trademark that is identical with a registered trademark in respect of identical goods, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.

Where any party counterfeits, or makes, without authorization, representations of registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so serious as to constitute a crime, he shall be prosecute, according to law, for his criminal liabilities in addition to his compensation for the damage suffered by the infringee.

Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.

Article 60

State functionary working for trademark registration, administration and review must implement laws impartially, be uncorrupted and self-disciplined, be devoted to duties and render services in civilized manner.

State functionary working in the Trademark Office, Trademark Review and Adjudication Board, as well as others responsible for trademark registration, administration and review may not take part in trademark agency services as well as production and operation actives of goods.

Article 61

The administrative authority for industry and commerce shall establish and perfect its internal supervision system, carry out supervision and inspection over the implementation of laws, administrative regulations and disciplines by State functionary responsible for the work of trademark registration, administration and review.

Article 62

Where any State functionary responsible for trademark registration, administration and review neglects his duty, abuses his power, or engages in malpractice for personal gain, illegally handles the trademark registration, administration or review, receives money and articles of parties concerned, seeks the illegal profits, which constitutes a crime, shall be prosecuted for his criminal liability in accordance with law. If the case is not serious enough to constitute a crime, he shall be give disciplinary sanction in accordance with law.

Chapter VIII

Supplementary Provisions

Article 63

Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fee as prescribed. The schedule of fees shall be prescribed separately.

Article 64

This Law shall enter into force on March 1, 1983. The Regulations Governing Trademarks" promulgated by the State Council on April 10, 1963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time. Trademarks registered before this Law enters into force shall continue to be valid.