Regulations for the Implementation of the Trademark Law of the People’s Republic of China (2014 Revision)

These Regulations are formulated in accordance with the Trademark Law of the People’s Republic of China (the “Trademark Law”).

The provisions of these Regulations concerning goods trademarks apply to service trademarks.

A trademark holder requesting well-known trademark protection under Article 13 of the Trademark Law shall submit evidence that its trademark is well known. The Trademark Office and the Trademark Review and Adjudication Board shall, in accordance with Article 14 of the Trademark Law, determine whether the trademark is well known as needed for the examination and handling of the case and on the basis of the evidence submitted by the party.

A geographical indication under Article 16 of the Trademark Law may be applied for registration as a certification mark or a collective mark in accordance with the Trademark Law and these Regulations.

Where a geographical indication is registered as a certification mark, a natural person, legal person, or other organization whose goods meet the conditions for using the geographical indication may request to use the certification mark, and the organization controlling the certification mark shall allow it. Where a geographical indication is registered as a collective mark, a natural person, legal person, or other organization whose goods meet the conditions for using the geographical indication may request to join the group, association, or other organization that registered it, and that group, association, or organization shall admit it as a member in accordance with its articles of association; a party that does not request to join may still use the geographical indication properly, and the group, association, or organization has no right to prohibit it.

A party that appoints a trademark agency to apply for trademark registration or handle other trademark matters shall submit a power of attorney. The power of attorney shall state the matters entrusted and the scope of authority; a power of attorney from a foreign person or foreign enterprise shall also state the principal’s nationality.

Notarization and legalization of the power of attorney of a foreign person or foreign enterprise and of the related supporting documents are handled on the principle of reciprocity.

Where the applicant for trademark registration or the assignee of a trademark is a foreign person or foreign enterprise, it shall designate in the application a recipient within China responsible for receiving legal documents from the Trademark Office and the Trademark Review and Adjudication Board in subsequent trademark matters. Legal documents from the Trademark Office and the Trademark Review and Adjudication Board in subsequent trademark matters are served on the recipient within China.

A foreign person or foreign enterprise referred to in Article 18 of the Trademark Law means a foreign person or foreign enterprise without a habitual residence or business establishment in China.

Chinese shall be used in applying for trademark registration or handling other trademark matters.

Where certificates, supporting documents, or evidence submitted under the Trademark Law and these Regulations are in a foreign language, a Chinese translation shall be attached; if no translation is attached, the certificate, supporting document, or evidence is deemed not to have been submitted.

Staff of the Trademark Office or the Trademark Review and Adjudication Board shall withdraw in any of the following circumstances, and a party or an interested party may request their withdrawal:

(1) they are a party, or a close relative of a party or an agent;

(2) they have another relationship with a party or an agent that may affect impartiality;

(3) they have an interest in the application for trademark registration or other trademark matter.

Applications for trademark registration and other related documents submitted as data messages under Article 22 of the Trademark Law shall be submitted over the internet in accordance with the provisions of the Trademark Office or the Trademark Review and Adjudication Board.

Except in the circumstances specified in Article 18 of these Regulations, the date on which a party submits documents or materials to the Trademark Office or the Trademark Review and Adjudication Board is: for documents delivered by hand, the date of delivery; for documents sent by post, the date of the postmark on dispatch, or, where the postmark is illegible or missing, the date of actual receipt by the Trademark Office or the Board, unless the party can provide evidence of the actual postmark date; for documents sent through a courier company other than a postal enterprise, the date the courier accepted them, or, where that date is unclear, the date of actual receipt by the Trademark Office or the Board, unless the party can provide evidence of the actual acceptance date; and for documents submitted as data messages, the date they enter the electronic system of the Trademark Office or the Board.

A party sending documents to the Trademark Office or the Trademark Review and Adjudication Board by post shall use registered mail.

For documents a party submits to the Trademark Office or the Trademark Review and Adjudication Board, the files of the Trademark Office or the Board prevail for documents submitted in writing, and the database records of the Trademark Office or the Board prevail for documents submitted as data messages, unless the party has evidence that those files or records are wrong.

Documents of the Trademark Office or the Trademark Review and Adjudication Board may be served on a party by post, by hand, as data messages, or by other means; service as data messages requires the party’s consent. Where a party has appointed a trademark agency, service on the trademark agency is deemed service on the party.

The date on which documents of the Trademark Office or the Trademark Review and Adjudication Board are served on a party is: for documents sent by post, the date of the postmark on receipt, or, where the postmark is illegible or missing, the documents are deemed served 15 days after they are sent, unless the party can prove the actual date of receipt; for documents delivered by hand, the date of delivery; and for documents served as data messages, the documents are deemed served 15 days after they are sent, unless the party can prove the date they entered its electronic system. Where documents cannot be served by these means, they may be served by public announcement and are deemed served 30 days after the announcement is published.

The following periods are not counted in the time limits for trademark examination and hearing:

(1) the period of service of documents of the Trademark Office or the Trademark Review and Adjudication Board by public announcement;

(2) the period needed for a party to supplement evidence or correct documents, and the period needed for a new response because a party has changed;

(3) for applications filed on the same day, the period needed to submit evidence of use and to consult or draw lots;

(4) the period of waiting for priority to be determined;

(5) during examination or hearing, the period of waiting, at the request of the applicant in the case, for the outcome of a case concerning prior rights.

Except as provided in the second paragraph of this Article, the first day of any time limit under the Trademark Law and these Regulations is not counted. A time limit counted in years or months expires on the corresponding day of the last month; if that month has no corresponding day, it expires on the last day of the month; if the expiry date falls on a public holiday, it expires on the first working day after the holiday.

The term of a registered trademark under Articles 39 and 40 of the Trademark Law is counted from the statutory date and expires on the day before the corresponding day of the last month; if that month has no corresponding day, it expires on the last day of the month.

An application for trademark registration shall be filed in accordance with the published classification of goods and services. Each application shall submit to the Trademark Office one Application for Trademark Registration and one representation of the trademark; for a color combination or a colored representation, a colored representation and one black-and-white copy shall be submitted; where no color is designated, a black-and-white representation shall be submitted.

The representation of the trademark shall be clear and easy to paste, printed on smooth and durable paper or replaced by a photograph, and no larger than 10 centimeters and no smaller than 5 centimeters in length and width.

An application to register a three-dimensional sign as a trademark shall so declare in the application, explain how the trademark is used, and submit a representation from which the three-dimensional shape can be determined; the representation shall include at least three views.

An application to register a color combination as a trademark shall so declare in the application and explain how the trademark is used.

An application to register a sound as a trademark shall so declare in the application, submit a sound sample that meets the requirements, describe the sound trademark, and explain how the trademark is used. The sound shall be described in staff notation or numbered musical notation with a written explanation; where it cannot be described in either notation, it shall be described in words. The description shall be consistent with the sound sample.

An application to register a collective mark or certification mark shall so declare in the application and submit documents proving the applicant’s eligibility and the rules governing the use of the mark.

Where a trademark is in or contains a foreign language, its meaning shall be explained.

An applicant for trademark registration shall submit its identity documents. The name of the applicant shall be consistent with the documents submitted.

The provision of the preceding paragraph on submitting identity documents applies to other trademark matters handled with the Trademark Office, such as alteration, assignment, renewal, opposition, and cancellation.

Names of goods or services shall be filled in according to the class numbers and names in the classification of goods and services; where the name of a good or service is not listed in the classification, a description of the good or service shall be attached.

Applications for trademark registration and other related documents submitted on paper shall be typed or printed.

The second paragraph of this Article applies to the handling of other trademark matters.

Where the same trademark is jointly applied for registration, or other jointly owned trademark matters are handled, a representative shall be designated in the application; if no representative is designated, the first person listed in the application is the representative.

Documents of the Trademark Office and the Trademark Review and Adjudication Board shall be served on the representative.

An applicant that changes its name, address, agent, or document recipient, or deletes designated goods, shall complete the alteration formalities with the Trademark Office.

An applicant that assigns its application for trademark registration shall complete the assignment formalities with the Trademark Office.

The filing date of an application for trademark registration is the date on which the Trademark Office receives the application documents.

Where the application formalities are complete, the application documents are filled in as prescribed, and the fees are paid, the Trademark Office shall accept the application and notify the applicant in writing; where the formalities are incomplete, the documents are not filled in as prescribed, or the fees are not paid, the Trademark Office shall not accept the application and shall notify the applicant in writing with the reasons. Where the formalities are basically complete or the application documents basically meet the requirements but need correction, the Trademark Office shall notify the applicant to make the specified corrections and return them to the Trademark Office within 30 days of receiving the notice. If the corrections are made and returned within the time limit, the filing date is kept; if they are not made by the deadline or not made as required, the Trademark Office shall not accept the application and shall notify the applicant in writing.

The provisions of the second paragraph of this Article on the conditions for acceptance apply to the handling of other trademark matters.

Where two or more applicants each apply on the same day to register identical or similar trademarks for identical or similar goods, each applicant shall, within 30 days of receiving the Trademark Office’s notice, submit evidence that it used the trademark before applying for registration. Where the trademarks were first used on the same day or none has been used, the applicants may consult with one another within 30 days of receiving the Trademark Office’s notice and submit a written agreement to the Trademark Office; if they are unwilling to consult or consultation fails, the Trademark Office shall notify the applicants to determine one applicant by drawing lots and shall reject the other applications. An applicant that has been notified by the Trademark Office but does not take part in the drawing of lots is deemed to have abandoned its application, and the Trademark Office shall notify that applicant in writing.

Where priority is claimed under Article 25 of the Trademark Law, the copy of the first-filed application documents submitted by the applicant shall be certified by the trademark authority that accepted that application and shall state the filing date and application number.

The Trademark Office shall examine accepted applications for trademark registration in accordance with the relevant provisions of the Trademark Law and these Regulations. Where an application complies, or complies for some of the designated goods, it shall preliminarily approve and publish it; where an application does not comply, or does not comply for some of the designated goods, it shall reject the application, or reject it for those goods, and notify the applicant in writing with the reasons.

Where the Trademark Office rejects an application for some of the designated goods, the applicant may divide the preliminarily approved part of the application into a separate application, which keeps the filing date of the original application.

An applicant who wishes to divide an application shall file a request for division with the Trademark Office within 15 days of receiving the Trademark Office’s Notice of Partial Rejection of the Application for Trademark Registration.

After receiving a request for division, the Trademark Office shall divide the original application into two, assign a new application number to the divided preliminarily approved application, and publish it.

Where, under Article 29 of the Trademark Law, the Trademark Office considers that the content of an application needs explanation or amendment, the applicant shall explain or amend it within 15 days of receiving the Trademark Office’s notice.

An opponent filing an opposition against a trademark preliminarily approved and published by the Trademark Office shall submit to the Trademark Office the following opposition materials in duplicate, marked as original and copy:

(1) a trademark opposition application;

(2) proof of the opponent’s identity;

(3) where the opposition is based on Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, or Article 32 of the Trademark Law, proof that the opponent is a prior right holder or an interested party.

The trademark opposition application shall state clear requests and factual grounds and be accompanied by the relevant evidence.

After receiving a trademark opposition application, the Trademark Office shall examine it and, if it meets the conditions for acceptance, accept it and send the applicant a notice of acceptance.

The Trademark Office shall not accept an opposition application in any of the following circumstances, and shall notify the applicant in writing with the reasons:

(1) it was not filed within the statutory time limit;

(2) the applicant’s eligibility or the grounds for opposition do not comply with Article 33 of the Trademark Law;

(3) there are no clear grounds, facts, or legal basis for the opposition;

(4) the same opponent files another opposition against the same trademark on the same grounds, facts, and legal basis.

The Trademark Office shall promptly send a copy of the opposition materials to the opposed party and set a time limit of 30 days from receipt for its response. If the opposed party does not respond, this does not prevent the Trademark Office from making a decision.

A party that needs to supplement evidence after filing an opposition or a response shall so declare in the opposition application or response and submit the evidence within 3 months from the date of filing the opposition application or response; if it does not do so by the deadline, it is deemed to have waived supplementing evidence. However, evidence that arises after the deadline, or that a party could not submit before the deadline for other justifiable reasons, may be admitted by the Trademark Office if submitted after the deadline, once it has been given to the other party for cross-examination.

A decision not to register under Article 35, paragraph 3 and Article 36, paragraph 1 of the Trademark Law includes a decision not to register for some of the designated goods.

Where a registration announcement for the opposed trademark has already been published before the Trademark Office decides whether to approve the registration, the registration announcement shall be revoked. Where registration is approved after examination finds the opposition unfounded, the registration shall be published again after the decision to approve it takes effect.

An applicant or registrant applying for correction under Article 38 of the Trademark Law shall submit an application for correction to the Trademark Office. Where the conditions for correction are met, the Trademark Office shall approve and correct the relevant content; where they are not met, it shall not approve the correction and shall notify the applicant in writing with the reasons.

Where a trademark whose preliminary approval announcement or registration announcement has been published is corrected, a correction announcement shall be published.

To change the registrant’s name, address, or other registered particulars, an application for alteration shall be submitted to the Trademark Office. To change the registrant’s name, a certificate of the change issued by the relevant registration authority shall also be submitted. If the Trademark Office approves, it shall issue the registrant a corresponding certificate and publish the change; if it does not approve, it shall notify the applicant in writing with the reasons.

To change its name or address, a registrant shall change all of its registered trademarks together; if it does not, the Trademark Office shall notify it to make corrections within a time limit; if corrections are not made by the deadline, the application for alteration is deemed abandoned, and the Trademark Office shall notify the applicant in writing.

To assign a registered trademark, the assignor and the assignee shall submit an application for assignment of the registered trademark to the Trademark Office. The assignment formalities shall be handled jointly by the assignor and the assignee. If the Trademark Office approves the assignment, it shall issue the assignee a corresponding certificate and publish the assignment.

Where, in assigning a registered trademark, the registrant does not also assign the identical or similar trademarks it has registered for identical or similar goods, the Trademark Office shall notify it to make corrections within a time limit; if corrections are not made by the deadline, the application to assign the registered trademark is deemed abandoned, and the Trademark Office shall notify the applicant in writing.

Where the exclusive right to use a registered trademark is transferred for a reason other than assignment, such as inheritance, the party receiving the right shall complete the formalities for the transfer with the Trademark Office on the strength of the relevant supporting documents or legal instruments.

Where the exclusive right to use a registered trademark is transferred, the identical or similar trademarks registered by the holder for identical or similar goods shall be transferred together; if they are not, the Trademark Office shall notify the party to make corrections within a time limit; if corrections are not made by the deadline, the application to transfer the registered trademark is deemed abandoned, and the Trademark Office shall notify the applicant in writing.

An approved application for transfer of a trademark shall be published. The party receiving the transfer enjoys the exclusive right to use the trademark from the date of publication.

To renew a registered trademark, an application for renewal of trademark registration shall be submitted to the Trademark Office. If the Trademark Office approves the renewal, it shall issue a corresponding certificate and publish the renewal.

International registration of trademarks under Article 21 of the Trademark Law means Madrid international registration of trademarks handled under the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Agreement”), the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Protocol”), and the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement.

Applications for Madrid international registration include applications for international registration with China as the country of origin, requests for territorial extension designating China, and other related applications.

An applicant for international registration with China as the country of origin shall have a real and effective business establishment in China, be domiciled in China, or have Chinese nationality.

An applicant that meets Article 35 of these Regulations and whose trademark has been registered with the Trademark Office may apply for international registration of the trademark under the Madrid Agreement.

An applicant that meets Article 35 of these Regulations and whose trademark has been registered with the Trademark Office, or whose application for registration has been filed with and accepted by the Trademark Office, may apply for international registration of the trademark under the Madrid Protocol.

An application for international registration with China as the country of origin shall be filed with the International Bureau of the World Intellectual Property Organization (the “International Bureau”) through the Trademark Office.

With China as the country of origin, subsequent designation, renunciation, and cancellation of an international registration governed by the Madrid Agreement shall be applied for with the International Bureau through the Trademark Office; assignment, limitation, alteration, and renewal of such an international registration may be applied for with the International Bureau either through the Trademark Office or directly.

With China as the country of origin, subsequent designation, assignment, limitation, renunciation, cancellation, alteration, and renewal of an international registration governed by the Madrid Protocol may be applied for with the International Bureau either through the Trademark Office or directly.

An application for international registration, or another related application, filed with the International Bureau through the Trademark Office shall be submitted with an application form and related materials that meet the requirements of the International Bureau and the Trademark Office.

The goods or services designated in an application for international registration shall not exceed the goods or services of the basic application or basic registration in China.

Where the formalities of an application for international registration are incomplete or the application form is not filled in as prescribed, the Trademark Office shall not accept the application, and the filing date is not kept.

Where the formalities are basically complete or the application form basically meets the requirements but needs correction, the applicant shall make corrections within 30 days of receiving the notice of correction; if corrections are not made by the deadline, the Trademark Office shall not accept the application and shall notify the applicant in writing.

Fees shall be paid as prescribed for an application for international registration, or another related application, filed with the International Bureau through the Trademark Office.

The applicant shall pay the fees to the Trademark Office within 15 days of receiving the Trademark Office’s payment notice. If the fees are not paid by the deadline, the Trademark Office shall not accept the application and shall notify the applicant in writing.

Within the refusal period specified in the Madrid Agreement or the Madrid Protocol (the “refusal period”), the Trademark Office shall examine requests for territorial extension designating China in accordance with the relevant provisions of the Trademark Law and these Regulations, make a decision, and notify the International Bureau. If the Trademark Office does not issue a notice of refusal or partial refusal within the refusal period, the request for territorial extension is deemed approved.

Where an applicant for territorial extension designating China seeks protection of a three-dimensional sign, color combination, or sound as a trademark, or protection of a collective mark or certification mark, it shall, within 3 months from the date the trademark is recorded in the International Register of the International Bureau, submit the related materials specified in Article 13 of these Regulations to the Trademark Office through a legally established trademark agency. If the materials are not submitted within that period, the Trademark Office shall reject the request for territorial extension.

The World Intellectual Property Organization publishes matters related to international registrations of trademarks, and the Trademark Office does not publish them separately.

For a request for territorial extension designating China, an opponent meeting the conditions of Article 33 of the Trademark Law may file an opposition with the Trademark Office within 3 months from the first day of the month following the publication of the WIPO Gazette of International Marks.

The Trademark Office shall notify the International Bureau of the opposition, within the refusal period, in the form of a refusal decision.

The opposed party may respond within 30 days of receiving the notice of refusal forwarded by the International Bureau; the response and related evidence shall be submitted to the Trademark Office through a legally established trademark agency.

An internationally registered trademark protected in China is valid from the date of international registration or subsequent designation. Before the term expires, the registrant may apply to the International Bureau for renewal; if renewal is not applied for during the term, a grace period of 6 months may be granted. After receiving the International Bureau’s renewal notice, the Trademark Office shall examine it in accordance with the law. Where the International Bureau gives notice that the registration has not been renewed, the internationally registered trademark shall be deregistered.

Where a request for territorial extension designating China is assigned, the assignee shall have a real and effective business establishment in, be domiciled in, or be a national of a Contracting Party.

Where the assignor does not also assign its identical or similar trademarks for identical or similar goods or services, the Trademark Office shall notify the registrant to make corrections within 3 months from the date the notice is sent; if corrections are not made by the deadline, or the assignment is likely to cause confusion or has other adverse effects, the Trademark Office shall decide that the assignment has no effect in China and make a declaration to the International Bureau.

Where a request for territorial extension designating China is limited, and the goods or services after limitation do not meet China’s requirements for the classification of goods or services or exceed the scope of the originally designated goods or services, the Trademark Office shall decide that the limitation has no effect in China and make a declaration to the International Bureau.

An application to cancel an internationally registered trademark under Article 49, paragraph 2 of the Trademark Law shall be filed with the Trademark Office after 3 years have passed from the expiry of the refusal period for the international registration; where review of a refusal or opposition proceedings are still pending when the refusal period expires, it shall be filed after 3 years have passed from the date on which the decision of the Trademark Office or the Trademark Review and Adjudication Board to approve registration takes effect.

An application to declare an internationally registered trademark invalid under Article 44, paragraph 1 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board after the refusal period for the international registration expires; where review of a refusal or opposition proceedings are still pending when the refusal period expires, it shall be filed after the decision of the Trademark Office or the Trademark Review and Adjudication Board to approve registration takes effect.

An application to declare an internationally registered trademark invalid under Article 45, paragraph 1 of the Trademark Law shall be filed with the Trademark Review and Adjudication Board within 5 years from the expiry of the refusal period for the international registration; where review of a refusal or opposition proceedings are still pending when the refusal period expires, it shall be filed within 5 years from the date on which the decision of the Trademark Office or the Trademark Review and Adjudication Board to approve registration takes effect. For a registration made in bad faith, the owner of a well-known trademark is not subject to the 5-year time limit.

The following provisions of the Trademark Law and these Regulations do not apply to matters related to international registration of trademarks:

(1) the provisions of Article 28 and Article 35, paragraph 1 of the Trademark Law on time limits for examination and hearing;

(2) Article 22 and Article 30, paragraph 2 of these Regulations;

(3) the provisions of Article 42 of the Trademark Law and Article 31 of these Regulations that the assignor and the assignee jointly apply for and complete the formalities of an assignment.

Trademark review and adjudication means the hearing of trademark disputes by the Trademark Review and Adjudication Board under Articles 34, 35, 44, 45, and 54 of the Trademark Law. A party applying to the Board for review and adjudication shall state clear requests, facts, reasons, and legal basis and provide corresponding evidence.

The Trademark Review and Adjudication Board conducts review and adjudication on the basis of facts and in accordance with the law.

In hearing a review of a decision of the Trademark Office rejecting an application for trademark registration, the Trademark Review and Adjudication Board shall consider the Trademark Office’s rejection decision, the facts, reasons, and requests in the applicant’s request for review, and the factual situation at the time of the review.

In hearing a review of a decision of the Trademark Office rejecting an application for trademark registration, where the Trademark Review and Adjudication Board finds that the trademark applied for falls under Article 10, Article 11, Article 12, or Article 16, paragraph 1 of the Trademark Law, and the Trademark Office did not base its rejection on those provisions, the Board may make a review decision rejecting the application on the basis of those provisions. Before making the review decision, the Board shall hear the applicant’s opinions.

In hearing a review of a decision of the Trademark Office not to register a trademark, the Trademark Review and Adjudication Board shall consider the Trademark Office’s decision not to register, the facts, reasons, and requests in the applicant’s request for review, and the opinions submitted by the original opponent.

In hearing a review of a decision of the Trademark Office not to register a trademark, the Trademark Review and Adjudication Board shall notify the original opponent to participate and submit opinions. Where the original opponent’s opinions substantially affect the outcome of the case, they may serve as a basis for the review; if the original opponent does not participate or submit opinions, this does not prevent the hearing of the case.

In hearing a request under Article 44 or Article 45 of the Trademark Law to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall consider the facts, reasons, and requests in the parties’ request and response.

In hearing a review of a decision of the Trademark Office declaring a registered trademark invalid under Article 44, paragraph 1 of the Trademark Law, the Trademark Review and Adjudication Board shall consider the Trademark Office’s decision and the facts, reasons, and requests in the applicant’s request for review.

In hearing a review of a decision of the Trademark Office under Article 49 of the Trademark Law to cancel or maintain a registered trademark, the Trademark Review and Adjudication Board shall consider the Trademark Office’s decision and the facts, reasons, and requests on which the party’s request for review is based.

An application for trademark review and adjudication shall be submitted to the Trademark Review and Adjudication Board together with as many copies as there are opposing parties; where review is requested of a decision of the Trademark Office, a copy of that decision shall also be attached.

After receiving an application, the Trademark Review and Adjudication Board shall examine it and accept it if it meets the conditions for acceptance; if it does not, the Board shall not accept it and shall notify the applicant in writing with the reasons; if it needs correction, the Board shall notify the applicant to correct it within 30 days of receiving the notice. If it still does not meet the requirements after correction, the Board shall not accept it and shall notify the applicant in writing with the reasons; if it is not corrected by the deadline, the application is deemed withdrawn, and the Board shall notify the applicant in writing.

Where, after accepting an application for trademark review and adjudication, the Trademark Review and Adjudication Board finds that it does not meet the conditions for acceptance, the Board shall reject it and notify the applicant in writing with the reasons.

After accepting an application for trademark review and adjudication, the Trademark Review and Adjudication Board shall promptly send a copy of the application to the opposing party and set a time limit of 30 days from receipt for its response; if no response is made by the deadline, this does not prevent the review and adjudication.

A party that needs to supplement evidence after filing an application for review and adjudication or a response shall so declare in the application or response and submit the evidence within 3 months from the date of filing the application or response; if it does not do so by the deadline, it is deemed to have waived supplementing evidence. However, evidence that arises after the deadline, or that a party could not submit before the deadline for other justifiable reasons, may be admitted by the Trademark Review and Adjudication Board if submitted after the deadline, once it has been given to the other party for cross-examination.

The Trademark Review and Adjudication Board may, at a party’s request or as actually needed, decide to hold an oral hearing on an application for review and adjudication.

Where the Trademark Review and Adjudication Board decides to hold an oral hearing, it shall notify the parties in writing 15 days before the hearing of its date and place and the members hearing the case. The parties shall reply within the time limit specified in the notice.

If the applicant neither replies nor attends the oral hearing, its application is deemed withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; if the respondent neither replies nor attends the oral hearing, the Board may proceed in its absence.

Before the Trademark Review and Adjudication Board makes a decision or ruling, the applicant may request in writing to withdraw its application, stating the reasons; if the Board considers that the application may be withdrawn, the review and adjudication proceedings terminate.

An applicant that withdraws its application for trademark review and adjudication shall not file another application on the same facts and reasons. Where the Trademark Review and Adjudication Board has made a ruling or decision on an application, no one may file another application on the same facts and reasons, except for a request to declare invalid a registered trademark that was approved for registration through a review of a decision not to register.

A registered trademark may be marked with the words “registered trademark” or a registration symbol on the goods, packaging, instructions, or other attachments.

Registration symbols include ㊟ and ®. A registration symbol shall be placed at the upper right or lower right corner of the trademark.

Where a Trademark Registration Certificate is lost or damaged, an application for a replacement certificate shall be submitted to the Trademark Office. If the certificate is lost, a statement of loss shall be published in the Trademark Gazette. A damaged certificate shall be returned to the Trademark Office when the application for replacement is submitted.

A registrant that needs the Trademark Office to reissue a certificate of alteration, assignment, or renewal or to issue a certificate of trademark registration, or an applicant that needs the Trademark Office to issue a priority document, shall submit the corresponding application to the Trademark Office. If the requirements are met, the Trademark Office shall issue the corresponding certificate; if not, it shall not process the request and shall notify the applicant of the reasons.

Anyone who forges or alters a Trademark Registration Certificate or other trademark certification document shall be held criminally liable in accordance with the provisions of the Criminal Law on the crime of forging or altering official documents of state organs or other crimes.

Where a registered trademark has become the generic name of the goods for which its use is approved, as specified in Article 49 of the Trademark Law, any entity or individual may apply to the Trademark Office to cancel the registered trademark and shall attach evidence when filing. After accepting the application, the Trademark Office shall notify the registrant and set a time limit of 2 months from receipt for its response; if no response is made by the deadline, this does not prevent the Trademark Office from making a decision.

Where a registered trademark has not been used for 3 consecutive years without justifiable reasons, as specified in Article 49 of the Trademark Law, any entity or individual may apply to the Trademark Office to cancel the registered trademark and shall explain the relevant circumstances when filing. After accepting the application, the Trademark Office shall notify the registrant and set a time limit of 2 months from receipt for it to submit evidence of use of the trademark before the cancellation application was filed, or to explain justifiable reasons for non-use; if no evidence of use is provided by the deadline, or the evidence is invalid and there is no justifiable reason, the Trademark Office shall cancel the registered trademark.

The evidence of use referred to in the preceding paragraph includes evidence of the registrant’s own use of the registered trademark and evidence of use by others whom the registrant has licensed to use it.

An application to cancel a registered trademark on the ground of non-use for 3 consecutive years without justifiable reasons shall be filed after 3 years have passed from the date of the registration announcement of the trademark.

The following are justifiable reasons under Article 49 of the Trademark Law:

(1) force majeure;

(2) government policy restrictions;

(3) bankruptcy liquidation;

(4) other justifiable reasons not attributable to the registrant.

Where the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark or declares it invalid, and the grounds for cancellation or invalidation concern only some of the designated goods, the registration of the trademark for those goods shall be cancelled or declared invalid.

A licensor that licenses another party to use its registered trademark shall file the license with the Trademark Office for recordal within the term of the license contract and submit the recordal materials. The recordal materials shall state the licensor and licensee of the registered trademark, the term of the license, the scope of the goods or services licensed, and other matters.

Where the exclusive right to use a registered trademark is pledged, the pledgor and the pledgee shall sign a written pledge contract and jointly apply to the Trademark Office for registration of the pledge, which the Trademark Office shall publish.

Where Article 43, paragraph 2 of the Trademark Law is violated, the administrative department for industry and commerce shall order correction within a time limit; if correction is not made by the deadline, it shall order the sale to stop; if the party refuses to stop selling, a fine of up to 100,000 yuan shall be imposed.

A trademark holder requesting well-known trademark protection under Article 13 of the Trademark Law may file the request with the administrative department for industry and commerce. Where the Trademark Office recognizes the trademark as well known under Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the use of the trademark in violation of Article 13 of the Trademark Law to stop and shall seize and destroy the representations of the trademark used illegally; where the representations are difficult to separate from the goods, the goods shall be seized and destroyed together with them.

A registrant applying to deregister its registered trademark, or to deregister the registration of its trademark for some of the designated goods, shall submit an application for deregistration to the Trademark Office and return the original Trademark Registration Certificate.

Where a registrant applies to deregister its registered trademark, or the registration of its trademark for some of the designated goods, and the Trademark Office approves the deregistration, the exclusive right to use the registered trademark, or its effect for those designated goods, terminates from the date on which the Trademark Office receives the application for deregistration.

Where a registered trademark is cancelled, or deregistered under Article 73 of these Regulations, the original Trademark Registration Certificate becomes void, and this shall be published; where the registration of the trademark is cancelled for some of the designated goods, or the registrant applies to deregister it for some of the designated goods, a new Trademark Registration Certificate shall be issued and published.

Providing storage, transport, mailing, printing, concealment, business premises, online trading platforms, or similar services for the infringement of another party’s exclusive right to use a trademark constitutes facilitation under Article 57, item 6 of the Trademark Law.

Using a sign identical or similar to another party’s registered trademark as the name or decoration of goods on identical or similar goods, misleading the public, is an act infringing the exclusive right to use a registered trademark under Article 57, item 2 of the Trademark Law.

Anyone may complain to or report to the administrative department for industry and commerce about acts infringing the exclusive right to use a registered trademark.

In calculating the illegal business turnover under Article 60 of the Trademark Law, the following factors may be considered:

(1) the sales price of the infringing goods;

(2) the marked price of unsold infringing goods;

(3) the average price at which the infringing goods were actually sold, where ascertained;

(4) the median market price of the infringed goods;

(5) the business income the infringer generated from the infringement;

(6) other factors from which the value of the infringing goods can be reasonably calculated.

The following are circumstances in which a party can prove that it obtained the goods lawfully, as specified in Article 60 of the Trademark Law:

(1) it has a supply list and payment receipt bearing the lawful signature and seal of the supplier, verified as true or acknowledged by the supplier;

(2) it has a purchase contract signed by the supplier and the buyer that has been verified as actually performed;

(3) it has a lawful purchase invoice whose entries correspond to the goods involved;

(4) other circumstances that prove the goods involved were lawfully obtained.

Where a party sells goods without knowing that they infringe the exclusive right to use a registered trademark, and can prove that it obtained the goods lawfully and identify the supplier, the administrative department for industry and commerce shall order it to stop selling them and shall inform the administrative department for industry and commerce where the supplier of the infringing goods is located of the case.

Where ownership of the registered trademark involved is being heard by the Trademark Office or the Trademark Review and Adjudication Board or is in litigation before a people’s court, and the outcome may affect the characterization of the case, ownership of the trademark is in dispute within the meaning of Article 62, paragraph 3 of the Trademark Law.

In investigating and handling a trademark infringement case, the administrative department for industry and commerce may require the right holder to identify whether the goods involved were produced by the right holder or under its license.

Trademark agency under the Trademark Law means accepting a principal’s commission to handle, in the principal’s name, applications for trademark registration, trademark review and adjudication, or other trademark matters.

Trademark agencies under the Trademark Law include service organizations registered with the administrative department for industry and commerce to engage in trademark agency business and law firms engaged in trademark agency business.

A trademark agency engaged in agency business for trademark matters under the charge of the Trademark Office and the Trademark Review and Adjudication Board shall complete recordal with the Trademark Office as follows:

(1) presenting for verification its registration certificate issued by the administrative department for industry and commerce, or the certificate of the judicial administrative department approving the establishment of the law firm, and leaving a copy;

(2) submitting basic information such as the trademark agency’s name, address, person in charge, and contact details;

(3) submitting a list of its trademark agency practitioners and their contact details.

The administrative department for industry and commerce shall establish credit files for trademark agencies. Where a trademark agency violates the Trademark Law or these Regulations, the Trademark Office or the Trademark Review and Adjudication Board shall circulate a public notice of criticism and record it in the agency’s credit file.

Trademark agency practitioners under the Trademark Law means the staff of a trademark agency who engage in trademark agency business.

Trademark agency practitioners shall not accept commissions in their own name.

Application documents a trademark agency submits to the Trademark Office or the Trademark Review and Adjudication Board shall bear the agency’s official seal and be signed by the relevant trademark agency practitioner.

The Trademark Office shall not accept an application by a trademark agency to register, or to take assignment of, any trademark other than those for its agency services.

The following acts constitute disrupting the order of the trademark agency market by other unfair means under Article 68, paragraph 1, item 2 of the Trademark Law:

(1) soliciting business by fraud, false publicity, misleading statements, or commercial bribery;

(2) concealing facts or providing false evidence, or threatening or inducing others to conceal facts or provide false evidence;

(3) accepting commissions from both parties with conflicting interests in the same trademark case.

Where a trademark agency commits an act specified in Article 68 of the Trademark Law, the administrative department for industry and commerce at or above the county level where the offender is located or where the violation occurs shall investigate and handle it and inform the Trademark Office of the outcome.

Where the Trademark Office or the Trademark Review and Adjudication Board stops accepting trademark agency business from a trademark agency under Article 68 of the Trademark Law, it may decide to stop accepting such business for six months or more, up to permanently. When the period of suspension expires, the Trademark Office and the Board shall resume accepting the business.

Decisions of the Trademark Office or the Trademark Review and Adjudication Board to stop or resume accepting trademark agency business shall be published on their websites.

The administrative department for industry and commerce shall strengthen supervision and guidance of trademark agency industry associations.

A service trademark used continuously up to July 1, 1993 that is identical or similar to a service trademark registered by another party for identical or similar services may continue to be used; however, if its use has been interrupted for 3 years or more after July 1, 1993, it may not continue to be used.

A trademark used continuously up to the date on which the Trademark Office first accepts applications for newly opened goods or services, and that is identical or similar to a trademark registered by another party for goods or services identical or similar to those newly opened, may continue to be used; however, if its use has been interrupted for 3 years or more after that date, it may not continue to be used.

The classification of goods and services for trademark registration is formulated and published by the Trademark Office.

The formats of documents for applying for trademark registration or handling other trademark matters are formulated and published by the Trademark Office and the Trademark Review and Adjudication Board.

The rules of review and adjudication of the Trademark Review and Adjudication Board are formulated and published by the administrative department for industry and commerce under the State Council.

The Trademark Office keeps a Trademark Register recording registered trademarks and related registered particulars.

The Trademark Registration Certificate and related certificates are proof that the right holder enjoys the exclusive right to use the registered trademark. The registered particulars recorded in the Trademark Registration Certificate shall be consistent with the Trademark Register; where they are inconsistent, the Trademark Register prevails unless there is evidence that it is wrong.

The Trademark Office publishes the Trademark Gazette, in which trademark registrations and other related matters are published.

The Trademark Gazette is published on paper or electronically.

Except for announcements of service, the content of an announcement is deemed known, or should be known, to the public from the date of publication.

Fees shall be paid for applying for trademark registration or handling other trademark matters. The fee items and standards are set by the finance department and the pricing department under the State Council, respectively.

These Regulations take effect on May 1, 2014.