CBL’s Introduction
China’s Trademark Act Administrative Regulations links trademark protection to strict filing and service rules. Misclassified goods, missed deadlines, or gaps in evidence can lead to outright refusals, public cancellation notices, and confiscation of infringing products. CBL’s American English translation maps every step of the Chinese trademark process, from application to renewal, so businesses know exactly how to file, record, and defend marks before penalties hit.
This translation was done by the CBL team—if it is helpful to you, please take a moment to learn about our Chinese Legal Translation Services.
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Ch. 2 Registration Applications
Ch. 3 Application Examinations
Ch. 4 Amendments, Assignments, and Renewals
Ch. 5 International Registrations
- Replacing Certificates (§ 64)
- Cancellations and Exceptions (§§ 65-67)
- License / Pledge Filings (§§ 69-70)
- Famous Trademark Protections (§ 72)
(Issued by People’s Republic of China State Council Order No. 358 on August 3, 2002, amended through People’s Republic of China State Council Order No. 651 on April 29, 2014 )
Chapter 1 General Provisions
Section 1 These Regulations are hereby issued pursuant to the Trademark Act of the People’s Republic of China (“Trademark Act”).
Section 2 These Regulations apply to both trademarks and service marks.
Section 3 A Trademark holder seeking protection for a famous trademark under § 13 of the China Trademark Act shall submit documentation demonstrating their trademark’s fame. The
Trademark Office and Trademark Trial and Appeal Board shall determine whether the mark constitutes a famous mark under § 14 of the China Trademark Act based on trademark adjudication requirements and the documentation provided by the trademark holder.
Section 4 Geographical indications under § 16 of the China Trademark Act may be registered as either certification marks or collective marks under the Act and these Regulations.
The entity controlling such a mark shall approve its use by any natural person, legal entity, or organization applying to use it on eligible goods. Individuals, legal entities, or other organizations seeking to use a geographical indication for their goods may request to join the group, association, or organization that owns the geographical indication registered as a collective mark if their goods meet the eligibility criteria. These groups, associations, or organizations shall admit eligible applicants as members pursuant to their bylaws. An applicant who chooses not to join such groups, associations, or organizations shall retain the right to use the geographical indication, and the group, association, or organization shall not prevent such use.
Section 5 An applicant hiring a trademark services provider for trademark registration or other trademark matters shall submit a notarized power of attorney that states the authorized services, the authority granted, and the nationality of the principal if the principal is a foreign national or a foreign entity.
Notarization and certification for the power of attorney and any supporting materials for foreign principals shall be provided following the principle of reciprocity.
If a trademark applicant or assignee is a foreign national or entity, the applicant or assignee shall designate a recipient located in mainland China to accept service of all documents issued by the Trademark Office or the Board. Legal documents for subsequent trademark matters issued by the Trademark Office or the Board shall be served upon the designated recipient. The phrase “foreign national or entity” in § 18 of the China Trademark Act refers to any individual or entity not domiciled or having permanent residence in China.
Section 6 All applications for trademark registration or other trademark matters shall be filed in Chinese.
Any foreign language certificates, documentary proof, or documentation filed pursuant to the China Trademark Act and these Regulations shall include a Chinese translation. Any certificates, documentary proof, or documentation submitted without the required translations shall not be accepted.
Section 7 Any interested party or third party may request that an employee of the Trademark Office or Board recuse themselves from proceedings, and a Trademark Office or Board employee shall recuse themselves from proceedings if:
(a) the employee is a party to the proceeding or is a close relative of a party or their agent;
(b) the employee has any relationship with a party or their agent that could affect the impartiality of the proceeding; or
(c) the employee has an interest in the trademark registration or the matter at issue.
Section 8 All documents, including trademark application documents, submitted via data message pursuant to § 22 of the China Trademark Act shall be submitted through the online system designated by the Trademark Office or the Board.
Section 9 Unless otherwise provided in § 18 of these Regulations, the submission date for materials submitted to the Trademark Office or Board in person shall be recorded as the submission date. The submission date for materials mailed to the Trademark Office shall be the postmarked date. If the postmark is missing or illegible, the date such materials are received by the Trademark Office or Board shall be recorded as the submission date, unless the submitting party can provide documentation proving the actual postmark date. The pickup date recorded by the courier service shall be recorded as the submission date for submissions made via courier services other than China Post, and the Trademark Office or Board receipt date shall be recorded as the submission date if the pickup date is unclear, unless the submitting party can provide documentation proving the actual pickup date. The submission date for data message submissions shall be the date recorded in the Trademark Office or Board electronic submission system.
Parties submitting documents to the Trademark Office or the Board shall do so via certified mail with return receipt requested.
The physical records or online database records maintained by the Trademark Office or Board shall control in the event of any discrepancies between written or data message submissions and the records maintained by the Trademark Office or Board, unless the submitting party can provide documentation proving that such records are incorrect.
Section 10 The Trademark Office and the Board shall serve documents to a party via means including mail, in-person delivery, or data message. Documents shall only be served via data message with the consent of the recipient. Any document served upon a trademark agent shall be deemed served upon the party.
The date of service for documents mailed by the Trademark Office or the Board is the receipt date recorded by the postal service. If the receipt date is missing or illegible, service for such documents shall be deemed effective fifteen days after mailing, unless the recipient can prove the actual date of receipt. Documents served in person shall be deemed served on the date of delivery. Documents sent via data message shall be deemed served fifteen days after transmission. If service cannot be completed by any of these methods, the Trademark Office or Board may serve documents by public notice, and service shall be deemed effective thirty days after such notice is published.
Section 11 The following periods shall not be included when calculating the trademark examination or adjudication period:
(a) the time allowed for notice and service of documents issued by the Trademark Office or the Board;
(b) the time permitted to submit additional evidence, correct improper filings, or assert new defenses due to a change in parties;
(c) time permitted to submit evidence of use, for negotiation, or for participating in lot drawings for applications filed on the same day;
(d) the time permitted to establish a claim of priority; and
(e) any period in which an examination or adjudication is stayed pending final determination of a prior rights matter as requested by the applicant.
Section 12 Except as provided in § 11(b), the day on which a statutory period specified in the China Trademark Act and these Regulations begins shall not be counted. When a period is stated in years or in months, it shall end on the calendar day in the final month that corresponds to the start day, or the last calendar day of the final month if no such day exists. If the last day falls on a legal holiday, the period shall be extended to the next business day.
The term of a registered trademark commences on its registration date and expires on the day before the corresponding calendar day in the final month of the term, or on the last calendar day of that month if no corresponding day exists pursuant to §§ 39 and 40 of the China Trademark Act.
Chapter 2 Trademark Registration Applications
Section 13 An applicant shall designate the class of goods or services in its trademark registration application pursuant to the published Goods and Services Classification Table. Each trademark registration application filed with the Trademark Office shall include a completed registration application form and a clear drawing of the mark.
Applications involving color drawings or trademarks using a color scheme shall include both the color drawing and a black-and-white copy. Applications for black-and-white marks shall include a black-and-white drawing. Each drawing must be clear and in a format suitable for attachment, printed on smooth, durable paper, or submitted as a photograph. Drawings shall measure at least 5 cm and not more than 10 cm in both length and width.
An application to register a three-dimensional mark shall specify the mark’s intended use and drawings showing three or more views that clearly and accurately depict all facets of the mark. An application to register a color combination mark shall specify the mark’s intended use.
An application for a sound mark shall include a compliant sound sample, a description of the mark, and a description of the mark’s intended use. Sound mark descriptions must match the provided sound samples, and such marks shall be described using staff or numbered notation. A detailed written description may be used if staff or numbered notation is impractical.
An applicant registering a collective or certification mark shall identify the mark as collective or certification in the application and include proof of eligibility, as well as the rules governing the mark’s management and use.
Applications for marks containing wording in a foreign language shall specify the meaning of each foreign word or phrase used in the mark.
Section 14 A trademark applicant shall submit identification documents with the trademark application, and the name used on the application must match the name on the documents provided.
The applicant shall submit the required identification documents with any filing for a trademark matter, including amendments, assignments, renewals, oppositions, and revocations.
Section 15 The name of each good or service shall be indicated using the category number and name specified in the Goods and Services Classification Table, and a description must be provided for any good or service not listed in the table.
All paper submissions, including applications and supporting materials, must be typed or printed.
Paragraph 2 of this Section also applies to submissions for other trademark matters.
Section 16 Joint trademark applicants or applicants submitting filings for other matters concerning jointly owned marks shall designate a representative in their application. The first person named in the filing shall be deemed the representative if the applicants do not designate a representative.
The Trademark Office and the Board shall serve all documents on the representative.
Section 17 An applicant that seeks to change their name, address, agent, recipient, or registered goods shall file a request with the Trademark Office.
Any trademark application assignments must be processed through the Trademark Office.
Section 18 The filing date of a trademark application shall be recorded as the date on which the Trademark Office receives the application materials.
The Trademark Office shall issue a written notice of acceptance once the application is complete, the materials are properly prepared, and all required fees have been paid. The Trademark Office shall refuse noncompliant applications and issue the applicant a written notice of the reasons for refusal. Additionally, the Trademark Office shall send the applicant a written notice of any correctable deficiencies in an application, and the applicant shall be required to correct the deficiencies and return the corrected materials within 30 days after receiving the notice. An application shall retain its original filing date if the applicant submits the required corrections to the Trademark Office within the statutory deadline. The Trademark Office shall refuse the application and issue a written notice of refusal to the applicant if they fail to submit the required corrections on time or if the submission does not meet the specified requirements. The correction procedures in this paragraph apply to all trademark matters filed with the Trademark Office.
Section 19 If two or more applicants file for identical or similar marks covering the same or similar goods on the same date, each applicant shall submit evidence establishing the date of first use of the mark identified in their application within 30 days after receiving notice from the Trademark Office. If the marks were first used on the same date or have not been used, the applicants may independently negotiate and submit a written agreement to the Trademark Office within the 30-day deadline. If the applicants fail to negotiate or no agreement is filed, the Trademark Office shall randomly select the application that will proceed to registration and shall refuse other applications for identical or similar marks.
An applicant who fails to participate in the selection is deemed to have abandoned their application, and the Trademark Office shall issue a written notice of the abandonment.
Section 20 An applicant asserting a priority right pursuant to § 25 of the China Trademark Act shall submit a certified copy of the earlier trademark application issued by the Trademark Office where the application was first filed, which must indicate the filing date and application number.
Chapter 3 Trademark Application Examination
Section 21 The Trademark Office shall examine each trademark application submitted under the China Trademark Act and these Regulations. Applications that comply with these Regulations shall be preliminarily approved and published. The Trademark Office shall refuse any part of an application covering designated goods that fails to comply with these Regulations and shall notify the applicant in writing of the reasons for refusal.
Section 22 If the Trademark Office issues a notice of partial refusal for some of the goods or services listed in the application, the applicant may file a written request to divide the application within 15 days of receiving the Notice of Partial Trademark Registration Refusal from the Trademark Office, and the preliminarily approved part of the divided application shall retain the original filing date.
The Trademark Office shall then divide the original application into two parts, assign a new application number to the divided part, and publish it separately.
Section 23 An applicant shall submit any explanations or corrections required in a notice of partial trademark registration refusal issued by the China Trademark Office within 15 days pursuant to § 29 of the China Trademark Act.
Section 24 An opposer filing an opposition to a mark preliminarily approved for registration and published by the Trademark Office shall submit an original and a copy of the following materials:
(a) the notice of opposition;
(b) the opposer’s identification documents; and
(c) documentation establishing the opposer’s status as a prior registrant or other interested party for oppositions based on claimed violations of §§ 13(b) or (c), 15, 16(a), 30, 31, or 32 of the China Trademark Act.
The notice of opposition must state the relief sought and factual basis, and include all supporting documentation.
Section 25 The Trademark Office shall accept any notice of opposition that complies with the requirements and shall issue a notice of acceptance to the opposer.
Section 26 The Trademark Office shall refuse an opposition and notify the applicant of the reasons for the refusal in writing if:
(a) the opposition is not filed within the statutory deadline;
(b) the opposer is ineligible or the grounds for opposition do not comply with § 33 of the China Trademark Act;
(c) the opposition fails to state specific grounds, facts, or legal bases; or
(d) the same opposer files more than one opposition based on identical grounds, facts, and legal bases.
Section 27 The Trademark Office shall promptly serve the respondent with a copy of the opposition. The respondent may file a defense within 30 days after service. Failure to respond shall not prevent the Trademark Office from ruling on the opposition.
A party that intends to submit additional evidence shall state that intention in its notice of opposition or response and submit the evidence within three months of the filing date. Failure to submit evidence by the deadline constitutes a waiver of the right to submit such additional evidence. The Trademark Office may admit evidence submitted after the deadline if the party submitting such evidence can prove that the evidence was unavailable before the deadline or that other excusable circumstances prevented filing within the deadline. The evidence shall be admitted after being served on the opposing party, who shall be given the opportunity to cross-examine it.
Section 28 Decisions not to register made under §§ 35(c) and 36(a) of the China Trademark Act include refusals to register part of the goods or services listed in the application.
The Trademark Office shall cancel an opposed mark’s prior publication in the official gazette before issuing a decision either approving or refusing registration. If the Trademark Office grants registration due to unsubstantiated opposition, it shall republish the mark in the official gazette after the decision takes effect.
Section 29 A trademark applicant or registrant seeking an amendment pursuant to § 38 of the China Trademark Act shall file a request with the Trademark Office. If the request meets all the requirements, the Trademark Office shall amend the registration as requested. Otherwise, it shall notify the applicant of the reasons for refusal in writing.
A correction notice will be published for any corrections or amendments to trademarks that have already been published in the Trademark Gazette for preliminary approval.
Chapter 4 Amendments, Assignments, and Renewals of Registered Trademarks
Section 30 Any request to amend the name, address, or other registration details of a registered trademark must be submitted to the Trademark Office. A request to change the name of the trademark registrant must include supporting documentation issued by the appropriate registration office. The Trademark Office will issue a new registration certificate to the trademark registrant upon approval and publish the amendment. If the request is denied, the Trademark Office will notify the registrant of the reasons for refusal in writing.
A trademark registrant requesting to change their name or address must update their information for all registered trademarks they hold. The Trademark Office will notify the registrant to amend their registrations within a specified deadline. Failure to do so by the deadline shall be deemed the trademark registrant’s withdrawal of their request, and the Trademark Office will notify the registrant of such in writing.
Section 31 Assignment of a registered trademark requires both the assignor and assignee to jointly submit an assignment application to the Trademark Office. Both the trademark assignor and assignee shall participate in the assignment process. The Trademark Office shall issue a certificate of assignment to the assignee upon approval and publish a notice of the assignment.
The Trademark Office shall require a trademark registrant who fails to assign all identical or similar trademarks for identical or similar goods or services to assign such marks by a specified deadline. Failure to comply within the deadline shall be deemed as the registrant’s withdrawal of the assignment application, and the Trademark Office shall notify the registrant of such in writing.
Section 32 A party acquiring exclusive rights in a registered trademark by inheritance or for reasons other than trademark assignment must submit the supporting documentation or legal documents to the Trademark Office to record the assignment.
An assignor assigning the exclusive rights in a registered trademark shall assign all identical or similar trademarks registered for identical or similar goods together. If the assignor does not comply, the Trademark Office will issue a notice requiring correction by a specified deadline. Failure to comply within the specified deadline shall be deemed a withdrawal of the assignment application for the registered trademarks, and the Trademark Office will notify the assignor of such in writing.
The Trademark Office shall publish a public notice upon approving an assignment, and the assignee shall acquire the exclusive rights in the registered trademark on the publication date.
Section 33 All applications to renew a registered trademark must be submitted to the Trademark Office. Upon approval, the Trademark Office will issue the appropriate certificate and publish a notice of the renewal.
Chapter 5 International Trademark Registration
Section 34 An international trademark registration made under § 21 of the China Trademark Act must comply with the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Agreement”), the Protocol Relating to Madrid Agreement (the “Madrid Protocol”), and the Common Regulations under the Madrid Agreement and the Madrid Protocol.
Madrid international registrations include applications filed with China as the country of origin, requests for territorial extensions designating China, and related filings.
Section 35 An applicant filing an international trademark registration with China as the country of origin must be domiciled or resident in China or be a Chinese national.
Section 36 An applicant who meets the requirements specified in § 35 of these Regulations and whose trademark has been registered with the Trademark Office may apply for international trademark registration pursuant to the Madrid Protocol.
An applicant who meets the requirements specified in § 35 of these Regulations and whose trademark has been registered with the Trademark Office, or whose application to register a trademark has been accepted by the Trademark Office, may apply for international trademark registration pursuant to the Madrid Protocol.
Section 37 An application for international trademark registration designating China as the country of origin must be submitted to the International Bureau of the World Intellectual Property Organization (“International Bureau”) through the Trademark Office.
Applicants may designate, withdraw, or cancel an international trademark registration with China designated as the country of origin that has been filed with the International Bureau through the Trademark Office pursuant to the Madrid Protocol. However, requests for assignment, limitation, amendment, or renewal of such international trademark registrations may be filed either with the Trademark Office or directly with the International Bureau.
Subsequent designation, assignment, limitation, renunciation, cancellation, amendment, and renewal requests for Madrid Protocol international trademark registrations having China as the designated country of origin may either be filed via the Trademark Office or directly with the International Bureau.
Section 38 All international trademark registration applications and any other requests filed with the International Bureau through the Trademark Office must comply with application and supporting material requirements issued by both the International Bureau and the Trademark Office.
Section 39 The goods or services designated in an international trademark registration application must match the goods or services specified in the domestic trademark application or registration.
Section 40 The Trademark Office shall refuse any incomplete or noncompliant application for international trademark registration, and the filing date will not be retained.
Applicants who receive notice from the Trademark Office that their application process or form is substantially complete but requires corrections must make the necessary corrections within 30 days of receiving the notice. Failure to submit the required corrections by the deadline will result in the application being refused, and the applicant will be notified of the refusal in writing.
Section 41 Applicants for international trademark registrations or those filing matters related to international trademarks with the International Bureau through the Trademark Office shall pay all fees pursuant to applicable rules.
Applicants must pay such fees to the Trademark Office within 15 days of receiving the Trademark Office’s payment request. Failure to pay by the deadline will result in the application being refused, and the Trademark Office shall notify the applicant of such refusal in writing.
Section 42 The Trademark Office shall review all renewal applications for international trademarks having China as the designated country of origin pursuant to the China Trademark Act and these Regulations. Such reviews shall be completed within the refusal period specified in the Madrid Agreement or Madrid Protocol (the “refusal period”), following which the Trademark Office shall issue a decision and notify the International Bureau of its decision. Renewal applications shall be deemed approved if the Trademark Office does not issue a notice of refusal or partial refusal to the International Bureau within the refusal period.
Section 43 An applicant seeking a territorial extension of protection to China for a three-dimensional mark, color combination mark, sound mark, collective mark, or certification mark must submit the documents specified in § 13 of these Regulations to the Trademark Office through a licensed trademark services provider within three months of the date the mark is recorded in the International Bureau’s International Register. Failure to comply shall result in the Trademark Office refusing to grant the extension of protection.
Section 44 All decisions for international trademark registrations shall be published by the World Intellectual Property Organization, and the Trademark Office shall not publish such decisions separately.
Section 45 Any opposer meeting the requirements of § 33 of the China Trademark Act may file an opposition with the Trademark Office within three months of the first day after an extension of protection to China is published in the World Intellectual Property Organization Gazette of International Marks.
The Trademark Office shall notify the International Bureau of any such oppositions through a refusal notice issued within the specified refusal period.
Respondents to objections may submit their defenses and supporting documentation to the Trademark Office through a licensed trademark services provider within 30 days of receiving the notice of refusal forwarded by the International Bureau.
Section 46 An internationally registered trademark protected in China shall be valid from the date of international registration or the date of subsequent designation. A registrant may file a renewal application with the International Bureau prior to the expiration of the trademark registration and shall be granted a six-month grace period if the application is not filed in time. The Trademark Office shall conduct a review pursuant to law upon receiving notice of renewal from the International Bureau and shall cancel any international registrations upon receiving notice from the International Bureau that renewal has not been granted.
Section 47 An assignee of an international registration extended to China must be domiciled or resident in a contracting party or be a national of a contracting party.
An assignor who fails to assign identical or similar marks to the assignee shall receive notice from the Trademark Office to assign such marks within three months. The Trademark Office shall invalidate the assignment in China and notify the International Bureau of such if the assignor fails to assign the identical or similar marks by the deadline. Furthermore, the Trademark Office shall invalidate any assignment that is likely to cause confusion or otherwise has a bad influence, and shall notify the International Bureau of any such decision.
Section 48 The Trademark Office shall invalidate any request to cancel part of the designated goods or services in an international trademark registration with a territorial extension to China and shall notify the International Bureau accordingly if such cancellation would result in the remaining designated goods or services violating China’s classification requirements or exceeding the scope of the original designation.
Section 49 A request to cancel an internationally registered trademark under § 49(b) of the China Trademark Act shall be filed with the Trademark Office three years after the refusal period for the international application. A request to cancel an application still under consideration at the end of the refusal period due to an ongoing review of the provisional refusal or opposition may be filed with the Trademark Office three years after the registration decision issued by the Trademark Office or the Board takes effect.
A request to invalidate an international trademark under § 44(a) of the China Trademark Act may be filed with the Board following the end of the refusal period for the international registration application. If the application remains under consideration after the end of the refusal period due to an ongoing review of the provisional refusal or opposition, such a request may be filed with the Board after the Trademark Office’s or the Board’s registration decision takes effect.
A request for international trademark invalidation under § 45(a) of the China Trademark Act shall be filed with the Board within five years of the end of the refusal period for the original international registration application. If the application remains under consideration after the end of the refusal period due to an ongoing review of the provisional refusal or opposition, such request may be filed with the Board five years after the registration decision issued by the Trademark Office or the Board takes effect. The five-year limitation does not apply to holders of famous trademarks whose marks have been registered by others in bad faith.
Section 50 The following sections of the China Trademark Act and these Regulations do not apply to international trademark registrations:
(a) China Trademark Act §§ 28 and 35(a) governing statutory deadlines for appeals and trials;
(b) Regulations §§ 22 and 30(b);
(c) China Trademark Act § 42 and Administrative Regulations § 31 governing joint applications and trademark assignment procedures.
Chapter 6 Trademark Trial and Appeal
Section 51 The Board shall adjudicate trademark matters pursuant to §§ 34, 35, 44, 45, and 54 of the China Trademark Act. An appellant must file a petition stating the relief sought and the supporting facts, reasons, and legal grounds.
The Board shall rule on appeals on the basis of the facts and applicable law.
Section 52 In an appeal from a refusal to register, the Board shall consider the Trademark Office’s decision, the appellant’s stated facts, reasons, and relief sought, and the circumstances existing on the date of the Board’s adjudication.
In any appeal from a refusal by the Trademark Office, the Board may affirm the refusal on additional grounds under §§ 10, 11, 12, and 16(a) of the China Trademark Act even if those grounds were not cited in the Office’s initial decision. The Board shall give the appellant an opportunity to present its arguments before issuing its final decision.
Section 53 The Board shall decide on appeals from refusals by the Trademark Office by considering the Office’s decision, the appellant’s facts, reasons, and relief sought, and any arguments presented by the original adverse party. The Board shall notify the original adverse party of the appeal and allow them to participate.
An opinion submitted by the original adverse party may serve as the basis for the Board’s decision if it materially affects the outcome. The adverse party’s failure to appear or submit an argument shall not prejudice the proceeding.
Section 54 The Board shall rule on petitions to invalidate a registered mark filed under §§ 44 and 45 of the China Trademark Act by considering the facts, legal grounds, and relief requested in each party’s petition or defense.
Section 55 The Board shall consider the Trademark Office’s decision and the appellant’s stated facts, legal grounds, and requested relief when ruling on an appeal from a Trademark Office decision to invalidate a registered trademark under § 44 (a) of the China Trademark Act.
Section 56 The Board shall rule on appeals brought under § 49 of the China Trademark Act from Trademark Office decisions to revoke or maintain a trademark registration by considering the Office’s decision and the appellant’s stated facts, legal grounds, and requested relief.
Section 57 A party appealing a Trademark Office decision shall file a notice of appeal with the Board and provide enough copies for every adverse party, along with a copy of the Trademark Office decision appealed.
The Board shall review and accept any appeal that satisfies acceptance requirements. Noncompliant appeals shall be refused, and appellants shall be notified of the reasons for refusal in writing. The Board shall also notify the appellant to make any necessary corrections within thirty days after receiving the notice. The Board shall refuse a petition that remains noncompliant after corrections are made and shall provide the petitioner with written notice stating the reasons for refusal. Failure to submit corrections by the specified deadline will be deemed as a withdrawal of the petition, and the Board shall notify the petitioner of such in writing.
The Board will also issue a written notice with grounds provided to the petitioner if it finds that the petition is ineligible and refuses to accept it after initially doing so.
Section 58 The Board shall promptly provide a copy of accepted petitions to adverse parties and require them to file a defense within thirty days of receiving notice of such petitions. Failure to file a defense shall not affect the Board’s adjudication.
Section 59 Any party intending to submit additional documentation after filing a petition for appeal or defense shall state their intentions to do so in the petition or defense and must submit the additional documentation within three months of the filing date. Failure to comply shall be deemed as the waiver of the right to submit such additional documentation.
However, evidence that materializes or is filed after the deadline for good cause may be admitted if the Board serves it on the adverse party and affords opportunity for cross-examination.
Section 60 The Board may convene an oral hearing on the written request of a party or on its own motion.
The Board shall give written notice at least 15 days before the hearing, stating the date, location, and names of the presiding Board members. Each party shall respond within the deadline specified in the notice.
An appellant who fails to respond or appear is deemed to have abandoned the appeal, and the Board shall so notify the appellant in writing. The Board may decide the appeal without the respondent’s participation if the respondent fails to respond or appear.
Section 61 The Board shall consider an appellant’s written request to withdraw the appeal before issuing a decision and shall terminate the proceeding upon granting the request.
Section 62 A party who withdraws a petition or appeal in a trademark proceeding may not file a new petition or appeal based on identical facts and grounds. No further petitions or appeals relying on the same facts and grounds shall be permitted after the Board issues a final decision. However, this Section shall not bar a petition to invalidate a mark that was initially refused and later registered following trial and appeal proceedings.
Chapter 7 Administration of Trademark Use
Section 63 A registrant shall place the words “Registered Trademark” or the registered trademark symbol ® on any goods, packaging, instructions, or other materials bearing the mark. The registered trademark symbols ㊟ and ® shall be placed in the upper-right or lower-right corner of the mark.
Section 64 A registrant shall file an application with the Trademark Office to obtain a replacement for a lost or damaged trademark registration certificate. If the registration certificate is lost, the registrant shall first publish a declaration of loss in the Official Gazette. If the certificate is damaged, the registrant shall surrender the original certificate to the Trademark Office when filing the replacement application.
A registrant seeking a replacement certificate reflecting an amendment, assignment, renewal, or an applicant seeking a priority certificate shall file the appropriate application form with the Trademark Office. The Trademark Office shall issue the requested certificate to a registrant or applicant who meets the requirements or shall notify the registrant or applicant in writing of the reasons for refusal.
Any individual or organization that falsifies or forges a trademark registration certificate or any other trademark certificate shall be held criminally liable under the China Criminal Law Act for forgery or falsification of official documents, or other applicable offenses.
Section 65 Pursuant to § 49 of the China Trademark Act, any organization or individual may file a cancellation petition, accompanied by supporting documentation, with the Trademark Office against a registered trademark that has become a generic name for the goods for which it was approved. Once the Trademark Office accepts the petition, the trademark registrant shall submit a defense within two months of receiving notice. The Office shall issue a decision even if the registrant fails to respond by the deadline.
Section 66 Pursuant to § 49 of the China Trademark Act, any individual or organization may file a petition to cancel a registered trademark that has not been used for three consecutive years without a valid excuse, and shall specify the facts in the petition. The Trademark Office shall examine each cancellation petition, issue a written decision, and serve the decision on both the registrant and the petitioner. Upon receiving a cancellation petition, the Trademark Office shall notify the registrant and require them to submit evidence that the mark was in use before the filing of the petition or a statement of the excusable reasons for non-use within two months of receiving the notice. Failure to submit acceptable evidence or to establish excusable non-use by the deadline will result in the Trademark Office canceling the registration.
Evidence of use includes proof of the trademark registrant’s own use of the mark and use by any authorized licensee.
A petition to cancel a registration for three consecutive years of non-use without excusable reason may only be filed after the mark has been published for at least three years.
Section 67 The following constitute excusable reasons for non-use under § 49 of the China Trademark Act:
(a) force majeure;
(b) government restrictions;
(c) bankruptcy liquidation; and
(d) other justifiable reasons not attributable to the registrant.
Section 68 If the grounds for revocation or invalidation of a trademark registration apply only to certain designated goods, the Trademark Office or the Board shall only revoke or invalidate the registration for those designated goods.
Section 69 A trademark licensor shall file the license contract and supporting documentation with the Trademark Office for recordation during the term of the trademark license.
The filing shall specify the licensor, the licensee, the term of the license, and the goods or services covered by the trademark registration.
Section 70 If the exclusive right to a registered trademark is pledged as collateral, the debtor and the creditor shall execute a written pledge agreement and jointly record the security interest with the Trademark Office, which shall publish the recordation.
Section 71 The China National Administration for Industry and Commerce shall issue an order requiring any party in violation of § 43(b) of the China Trademark Act to correct the violation by a specified deadline. A party that fails to comply shall be ordered to suspend sales, and continued noncompliance is subject to a fine of up to 100,000 yuan.
Section 72 A trademark holder seeking to obtain protection for a famous trademark under § 13 of the China Trademark Act may petition the Administration for Industry and Commerce. If the Trademark Office recognizes the mark as famous under § 14 of the China Trademark Act, the Administration shall order any use of the mark that violates § 13 to cease and shall confiscate and destroy any infringing marks. The Administration shall confiscate and destroy the goods together with the marks if such marks cannot be separated from the goods.
Section 73 A trademark registrant who seeks to cancel a registration or to delete goods from a registration shall submit a written request to the Trademark Office and surrender the original registration certificate.
The registration cancellation or deletion of goods from a registration shall take effect on the date the Trademark Office on the date receives and approves the request.
Section 74 The original trademark registration shall be voided when a registered trademark is canceled or revoked under § 73 of these Regulations, and notice of the cancellation or revocation shall be published. If only part of the goods are deleted from the registration, a new certificate reflecting the remaining goods shall be issued, and notice published in the Official Gazette.
Chapter 8 Protection of Exclusive Rights in Registered Trademarks
Section 75 Providing facilitative services, including without limitation warehousing, transportation, mailing, printing, concealment, the provision of business premises, or the operation of online sales platforms for goods that infringe another’s exclusive rights in a registered trademark constitutes facilitation under § 57(f) of the China Trademark Act.
Section 76 The use of a mark identical or similar to another’s registered trademark as a product name or trade dress for identical or similar goods in a manner likely to mislead the public constitutes infringement of the exclusive rights in a registered trademark under § 57(b) of the China Trademark Act.
Section 77 Any person or entity may file a complaint or report suspected trademark infringement with the China Administration for Industry and Commerce.
Section 78 The following shall be considered when calculating illegal business income under § 60 of the China Trademark Act:
(a) the sales price of the infringing goods;
(b) the list price of infringing goods that remain unsold;
(c) the average confirmed transaction price of the infringing goods;
(d) the prevailing price for the genuine goods;
(e) the income derived by the infringer from the infringement; and
(f) any other factor that can reasonably be used to determine the value of the infringing goods.
Section 79 Goods are deemed lawfully acquired under§ 60 of the China Trademark Act if the possessor can show:
(a) a delivery list bearing the supplier’s seal and the supplier’s acknowledgment of payment;
(b) an authenticated and duly performed supply and sale contract executed by both parties;
(c) valid purchase tax receipts whose details match the goods; or
(d) other evidence sufficiently proving the lawful acquisition of the goods.
Section 80 If a seller lacked knowledge that the goods they sold infringed upon the exclusive rights in a registered trademark and can prove lawful acquisition and identify the supplier, the Administration for Industry and Commerce shall order seller to stop selling the goods and shall refer the case with the local Administration for Industry and Commerce where the supplier is located.
Section 81 Ownership disputes involving registered trademarks pending adjudication before the Trademark Office, Trademark Trial and Appeal Board, or a court shall be governed by § 62(c) of the China Trademark Act, and the final decision in those proceedings shall control.
Section 82 During an administrative investigation of alleged trademark infringement, the Administration for Industry and Commerce may require the trademark owner to confirm whether the goods at issue were manufactured by the owner or produced under its authorization.
Chapter 9 Trademark Representation
Section 83 “Trademark representation” as used in the China Trademark Act means acting on a principal’s behalf in trademark applications, proceedings, and other trademark matters under the principal’s authorization.
Section 84 “Trademark agent” as used in the China Trademark Act includes any trademark services provider registered with the Administration for Industry and Commerce to provide trademark representation services and law firms providing such services.
A trademark services provider providing representation services regulated by the Trademark Office or the Board shall file the following materials with the Trademark Office:
(a) the business license issued by the Administration for Industry and Commerce or, for a law firm, the license issued by the appropriate judicial or administrative agency, and a copy of the license;
(b) a description of the services provider, including its name, principal place of business, responsible person, and contact details; and
(c) a list of trademark practitioners employed by the provider and their contact details.
The Administration for Industry and Commerce shall establish and maintain credit profiles for each trademark services provider. The Trademark Office or the Board shall issue public notice of any violation of the China Trademark Act or these Regulations by a trademark services provider and shall record the violation in the provider’s credit profile.
Section 85 “Trademark Agent” under the China Trademark Act means an individual employed by a trademark services provider who performs trademark representation services. A trademark agent may not accept an engagement on their own behalf.”
Section 86 An application submitted to the Trademark Office or the Board through a trademark services provider must include the provider’s corporate seal and the trademark agent’s signature.
Section 87 The Trademark Office shall refuse any application for trademark registration or assignment filed by a trademark services provider that exceeds its authorized services.
Section 88 The following acts constitute market disruption under § 68(a)(1) of the China Trademark Act:
(a) soliciting business by improper means, including false advertising, misleading information, or commercial bribery;
(b) concealing facts, submitting fabricated evidence, or threatening or coercing another to conceal facts or submit fabricated evidence; and
(c) concurrently representing parties with conflicting interests in the same trademark matter.
Section 89 The county market regulator or its parent agency with jurisdiction where the provider is located or the violation occurred shall investigate any act by a trademark services provider that violates § 68 of the China Trademark Act, and shall report its findings to the Trademark Office.
Section 90 The Trademark Office or the Board may refuse to accept filings from a trademark services provider for a period of six months up to permanent refusal under § 68 of the China Trademark Act. The Trademark Office or the Board shall resume acceptance of filings when the suspension period expires.
All suspensions and reinstatements shall be published on the Trademark Office’s and the Board’s websites.
Section 91 The Administration for Industry and Commerce shall improve regulation and guidance for the trademark services industry.
Chapter 10 Miscellaneous
Section 92 A service mark that is identical or confusingly similar to a registered service mark for the same or similar services may remain in use if the user began continuous use before July 1, 1993, and does not cease use for more than three consecutive years thereafter. The right to continued use terminates upon any three-year lapse in use after July 1, 1993.
A mark identical or confusingly similar to a registered mark for the same or similar goods or services may remain in use if its continuous use preceded the date on which the Trademark Office began accepting suggestions to classify new goods or services. The right to continued use shall terminate if the user ceases using the mark for more than three consecutive years after the acceptance date.
Section 93 The Trademark Office shall compile and publish the official Classification of Goods and Services Table for Trademark Registration.
The Trademark Office or the Board shall specify and publish the standard formats for trademark applications and other trademark filings. The Administration for Industry and Commerce under the State Council shall issue and publish rules for trademark trial and appeal proceedings.
Section 94 The Trademark Office shall maintain an official register of trademarks that records every trademark registration and related matter.
Section 95 A trademark registration certificate and its supporting documents constitute prima facie evidence of the registrant’s exclusive rights. The certificate must match the register, and the register shall control in any conflict unless evidence proves it incorrect.
Section 96 The Trademark Office shall publish an official gazette that includes registrations and related matters.
The official gazette shall be published in paper and electronic format.
Unless served in person, the gazette shall be deemed publicly available on its publication date.
Section 97 All trademark applications and filings for trademark matters are subject to fees set by the State Council’s finance and pricing agency.
Section 98 These Regulations shall take effect on May 1, 2014.
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See Trademarks FAQ to learn more about how trademarks work in China
These regulations were translated to American English from the following government publication:
“《中华人民共和国商标法实施条例》”
https://www.gov.cn/zhengce/2014-04/30/content_2670953.htm