Trademark Law of the People's Republic of China
(Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982;
amended for the first time according to the "Decision on the Revision of the 'Trademark Law of the People's Republic of China'" adopted at the 30th Session of the Standing Committee of the Seventh National People's Congress on February 22, 1993;
amended for the second time according to the "Decision on the Revision of the 'Trademark Law of the People's Republic of China'" adopted at the 24th Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination for and Approval of Trademark Registration
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Chapter V Adjudication of Disputes Concerning Registered Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This law is enacted for the purpose of improving the administration of trademarks, protecting the exclusive right to use a trademark, and encouraging producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and to promoting the development of socialist market economy.
Article 2 The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.
The administrative authority for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board, which shall be responsible for handling matters of trademark disputes.
Article 3 A registered trademark, including a trademark for goods, a service mark, a collective mark and a certification mark, refers to a trademark that has been approved and registered by the Trademark Office. The trademark registrant shall enjoy the exclusive right to use the trademark, which shall be protected by law.
In this law, a collective mark refers to a mark, which is registered in the name of a group, an association or any other organization and to be used by its members in their commercial activities to indicate their membership.
In this law, a certification mark refers to a mark which is controlled by an organization capable of supervising a particular type of goods or service which is used in respect of goods or services by other organizations or individuals who do not belong to the said organization, with a view to certifying the origin, raw material, mode of manufacture of goods or performance of services, quality or other characteristics of the goods or services.
Rules for the particular matters concerning the registration and administration of collective and certification marks shall be promulgated by the administrative authority for industry and commerce under the State Council.
Article 4 Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by him or it, shall file an application for the registration of the trademark with the Trademark Office.
Any natural person, legal person or other organization, intending to acquire the exclusive right to use a service mark for the service provided by him or it, shall file an application for the registration of the service mark with the Trademark Office.
Provisions made in this law concerning trademarks shall apply to service marks.
Article 5 Two or more natural persons, legal persons or other organizations may jointly file an application for the registration of the same trademark with the Trademark Office and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be marketed.
Article 7 The user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, shall stop any practice that deceives consumers.
Article 8 Any visible signcapable of distinguishing the goods or services of one natural person, legal person or any other organization from those of others, including words, devices, letters, numbers, three-dimensional symbols, combinations of colors, or any combination of the above elements may be applied for the registration of a trademark.
Article 9 Where a trademark is applied for registration, it shall be so distinctive as to be distinguishable and it shall not conflict with any other legal rights acquired earlier by others.
The registrant of a trademark has the right to use the words "Registered Trademark" or other registration sign to indicate that his or its trademark is registered.
Article 10 The following words or devices shall not be used as trademarks:
(1) those identical with or similar to the State name, national flag, national emblem, military flag or decorations, of the People's Republic of China; and those identical with the names of particular venues where the Central State government organizations are located, or with the names or graphs of the symbolic buildings of the Central State government organizations;
(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that consent has been given by the relevant country's government;
(3) those identical with or similar to the names, flags, or emblems, of international intergovernmental organizations, except that consent has been given by the relevant organization or that the use is unlikely to mislead the public;
(4) those identical with or similar to the official signs and hallmarks indicating control and warranty, except that the use thereof is otherwise authorized;
(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any nationality;
(7) those having the nature of exaggeration and fraud in advertising goods or services;
(8) those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names of the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or as an element of a collective trademarks or certification trademarks shall be exclusive.
Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
Article 11 The following signs shall not be registered as a trademark:
(1) those which consist exclusively of generic names, designs or models of the goods in respect of which the trademark is used;
(2) those which consist exclusively of signs or indications that have direct reference to the quality, main raw material, function, intended purpose, weight, quantity or other characteristics of goods or services;
(3) those, which are devoid of any distinctive character.
Where trademarks under the preceding paragraphs have acquired distinctiveness through use and become easily distinguishable, they may be registered as trademarks.
Article 12 Where a three-dimensional sign is applied for the registration of a trademark, it shall not be registered is it consists exclusively of the shape which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods.
Article 13 A trademark that is applied for registration in identical or similar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation, or a translation, of another party's well-known mark that is not registered in China and it is liable to create confusion.
A trademark that is applied for registration in non-identical or dissimilar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation, or a translation, of a well-known mark which is registered in China, misleads the public, and the interests of the registrant of the well-known markare likely to be damaged by such use.
Article 14 In determining whether a mark is well-known or not, the following factors shall be considered:
(1) the degree of knowledge of the relative public;
(2) the duration of use;
(3) the duration of time, degree, and geographical range of any publicity of the mark;
(4) any record of the mark being protected as a well-known mark;
(5) other factors which makes the mark well known.
Article 15 Where the agent or representative of a person who is the owner of a mark applies, without such owner's authorization, for the registration of the mark in his own name, if the owner opposes the registration applied for, the application shall be refused and the use of the mark shall be prohibited.
Article 16 Where a trademark contains or consists of a geographical indication with respect to goods not originating in the place indicated, misleading the public as to the true place of origin, the application for registration shall be refused and the use of the mark shall be prohibited. But of those marks that have obtained registration in good faith shall continue to be valid. Geographical indications mentioned in the preceding paragraph are indications that identity a particular good as originating in a region, where a given quality, reputation or other characteristic of the goods is essentially attributable to its natural or human factors.
Article 17 Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.
Article 18 Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as recognized to be qualified for trademark agency by the State to act as his or its agent.
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Chapter II Application for Trademark Registration
Article 19 An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.
Article 20 Where any applicant for the registration of a trademark intends to apply the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.
Article 21 Where a registered trademark needs to be used in respect of other goods of the same class, a new application for registration shall be filed.
Article 22 Where the sign of a registered trademark needs to be altered, a new registration shall be applied for.
Article 23 Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.
Article 24 An applicant for the registration of a mark in China who has previously duly filed an application to register the same mark in connection with the same goods in a foreign country may enjoy a right of priority in accordance with any agreement concluded between the PRC and the foreign country concerned, or with the international treaty to which both countries are party, or on the basis of the principle of reciprocity, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country.
Anyone claiming the right of priority in accordance with the preceding paragraph shall so state in writing at the time of filing the application and shall submit, within three months, a copy of the original trademark application.
An applicant who fails to make the claim in writing or to submit a copy of the original trademark application within the specified period shall be deemed as not having claimed the right of priority.
Article 25 Where any applicant uses a trademark for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, he or it may claim the right of priority, provided he or it files an application for the registration of the mark within six months from the date of the exhibition.
Anyone claiming the right of priority in accordance with the provision in the preceding paragraph shall so state in writing at the time of filing the application, and shall submit, within three months, the name of the exhibition, evidence certifying the use of the mark on the goods displayed, and documents validating the date of the exhibition. An applicant who fails to claim in writing or to submit the documents required within the specified period shall be deemed as not having claimed the right of priority.
Article 26 Matters declared and documents provided for the purposes of application for the registration of a trademark shall be true, accurate and complete.
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Chapter III Examination for and Approval of Trademark Registration
Article 27 Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.
Article 28 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another party that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
Article 29 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark that was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark that was used the earliest, and the applications of the others shall be refused and their trademarks shall not be published.
Article 30 Any person may, within three months from the date of publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed at the expiration of the specified period, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.
Article 31 No trademark application shall infringe upon another party's existing prior rights. Nor shall an applicant register in an unfair means a mark that is already in use by another party and has certain influence.
Article 32 Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant of the same in writing.
Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within thirty days from receipt of the notification, institute legal proceedings with the people's court.
Article 33 Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and the opposed state facts and grounds and shall, after investigation and verification, make a decision. Where any party concerned is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for review to the Trademark Review and Adjudication Board, which shall make a ruling and notify both the opponent and the opposed in writing.
Where any interested party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he or it may, within thirty days from receipt of the notice, institute legal proceedings with the people's court. The people's court shall notify the other party in the trademark review proceedings to be a third party to the litigation.
Article 34 Where the interested party fails to apply for a review of a ruling made by the Trademark Office or fails to institutes legal proceedings with a people's court against the ruling of the Trademark Review and Adjudication Board within the specified period, the ruling shall go into effect.
If it is decided that the opposition is not justified, the trademark shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.
Where it is decided that the opposition is not justified and the mark shall be registered, the date on which the applicant acquires the mark's exclusive right of use shall be counted from the day three months after it's preliminary publication.
Article 35 Applications for trademark registration and trademark registration review shall be examined without delay.
Article 36 Where a trademark applicant or trademark registrant finds an obvious error in the documents of trademark application or registration, he or it may apply to have it corrected. The Trademark Office shall ex officio make corrections in accordance with law and notify the party concerned.
The correction of errors provided in the preceding paragraph shall not involve substantive matters in the application or registration documents.
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Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Article 37 The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.
Article 38 Where the registrant intends to continue to use the trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.
The period of validity of each renewal of registration shall be ten years.
Any renewal of registration shall be published after it has been approved.
Article 39 Where a registered trademark is assigned, the assignor and assignee shall sign an agreement of the assignment and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.
The assignment of a registered trademark shall be published after it has been approved. The assignee shall enjoy the exclusive right to use the mark from the date of publication.
Article 40 Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his or its registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.
Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark.
The trademark license contract shall be submitted to the Trademark Office for record.
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Chapter V Adjudication of Disputes Concerning Registered Trademarks
Article 41 Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Ad judication Board to make an adjudication to cancel such a registered trademark.
Where a registered trademark stands in violation of the provisions of Articles 13, 15, 16 and 31 of this Law, any other trademark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a request with the Trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.
In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.
Article 42 Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.
Article 43 After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the interested parties of the same in writing.
Any interested party who is dissatisfied with the adjudication made by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.
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Chapter VI Administration of the Use of Trademarks
Article 44 Where any person who uses a registered trademark has committed any of the following acts, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:
(1) where a registered trademark is altered unilaterally (that is, without the required registration);
(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);
(3) where the registered trademark is assigned unilaterally (that is, without the required approval); and
(4) where the use of the registered trademark has ceased for three consecutive years.
Article 45 Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.
Article 46 Where a registered trademark has been canceled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.
Article 47 Where any person violates the provisions of Article 6 of this law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.
Article 48 Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademarks, order him or it to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this law is violated; and
(3) where the manufacture is rough or poor, or where superior quality is replaced by inferior quality, so that consumers are deceived.
Article 49 Any party concerned dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review with the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant in writing.
Where any interested party is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within thirty days from receipt of the notice, institute legal proceedings with the people's court.
Article 50 Any interested party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the people's court. If there have been instituted no legal proceedings or no performance of the decision has been made at the expiration of the said period, the administrative authority for industry and commerce may request the people's court for compulsory execution thereof.
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Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks
Article 51 The exclusive right to use a registered trademark is limited to the trademark that has been approved for registration and to the goods in respect of which the use of the trademark has been approved.
Article 52 Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:
(1) using a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization of trademark registrant;
(2) selling goods that infringe the exclusive right to use a registered trademark;
(3) counterfeiting, or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited or made without authorization;
(4) replacing another party's registered trademark, without authorization, and selling goods bearing such a replaced trademark;
(5) causing, in other respects, prejudice to the exclusive right of another person to use a registered trademark.
Article 53 Where a dispute arises after a party commits any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this law, the parties involved shall settle the dispute through consultation. Where the parties refuse to pursue consultation or where consultation has failed, the trademark registrant or any interested party may institute legal proceedings with the people's court, or request the administrative authority for industry and commerce for actions. The administrative authority for industry and commerce shall, upon determining the trademark infringement has taken place, order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and any instruments specifically used to manufacture the infringing goods and counterfeit representations of the registered trademark, and even impose a fine. Where any party is dissatisfied with the decision of the administrative authority for industry and commerce, he or it may, within fifteen days from the date of receipt of the notification, institute legal proceedings with the people's court in accordance with the Administrative Procedural Law of the People's Republic of China. If there are no legal proceedings instituted or no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the people's court for compulsory execution thereof. Where a party so requests, the administrative authority for industry and commerce handling a dispute may mediate in settling the amount of damages. Where mediation fails, a party may institute legal proceedings with the people's court in accordance with the Civil Procedural Law of the People's Republic of China.
Article 54 The administrative authority for industry and commerce has the power to investigate and handle by law any conduct infringing upon the exclusive right to use a registered trademark. Where a crime is suspected to have been committed, the case shall be promptly transferred to the judicial authorities to be dealt with in accordance with law.
Article 55 When investigating activities suspected of having infringed upon another party's exclusive right to use a registered trademark, the administrative authority for industry and commerce at or above the county level may, based on the obtained evidences suspected of illegal conduct or information supplied by a member of the public, exercise the following functions and authorities:
(1) to inquire of the interested parties about the case; to investigate into such circumstances as involved infringement upon other parties' exclusive right to use a registered trademark;
(2) to examine or reproduce the interested party's contracts, invoices and account books and other materials as involved infringement upon other parties' exclusive right to use a registered trademark;
(3) to conduct an on-site inspection of the premises where the party has carried out acts allegedly infringing upon another party's exclusive right to use a registered trademark;
(4) to check up such articles as relate to the infringing act and may seal or take into custody articles which are proved to have infringed upon another party's exclusive right to use a registered trademark.
When the administrative authority for industry and commerce exercises such functions and powers as enumerated in the preceding paragraph, the interested parties shall assist and cooperate and shall not refuse or obstruct to do so.
Article 56 The amount of damages for infringement of the exclusive right to use a registered trademark shall be the profit that the infringer has earned through the infringement during the period of the infringement or the losses that the infringee has suffered through the infringement during the period of the infringement, including any reasonable expenses the infringee has incurred in his or its effort to stop the infringement.
Where the profit earned by the infringer or losses suffered by the infringee through the infringement referred to in the preceding paragraph cannot be determined, the people's court shall decide an amount of damages not more than 500,000 yuan RMB, depending on the circumstances of the infringing acts.
Where a party unknowingly sells goods that infringe upon another party's exclusive right to use a registered trademark but is able to prove that he or it has obtained the goods lawfully and is able to identify the supplier, he or it shall not be held liable for damages.
Article 57 Where a trademark registrant or any interested party submits evidence proving that another party is engaged in or will soon engage inactions that infringe upon the former's exclusive right to use its or his registered trademark and that, unless they are stopped promptly, it will cause irreparable damages to its legitimate rights and interests, he or it may, before filing a lawsuit, apply to the People's Court for the granting of injunction prohibiting the relevant acts and taking measures for property preservation.
The People's Court handling the application under the preceding paragraph, shall apply the provisions of Articles 93 to Article 96 and Article 99 of the Civil Procedure Law of the People's Republic of China.
Article 58 With a view to prohibiting trademark infringing acts and where evidences may be destroyed or lost or become unobtainable in the future, a trademark registrant or an interested party may file an application with the People's Court for preservation of the evidences before instituting legal proceedings to the People's Court.
The People's Court shall make a decision within forty-eight hours after receipt of the application. Where the People's Court decides t provide preservative measures, the decision shall be enforced immediately.
The People's Court may order the applicant to provide guaranty. Where no guaranty is provided, the people's court shall reject the application.
Where the applicant fails to institute legal proceedings within fifteen days after the People's Court grants the preservative measures, the People's Court shall rescind the said measures.
Article 59 Where any party, without the authorization from the trademark registrant, uses a trademark that is identical with a registered trademark in respect of the same goods, if it constitutes a crime, the party shall be prosecuted, according to law, for his criminal liabilities in addition to compensating the losses the infringee suffers.
Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another party, or sells such representations of a registered trademark as were counterfeited, or made without authorization, if it constitutes a crime, the party shall be prosecuted, according to law, for its criminal liabilities.
Where any party sells goods that he knows bear a counterfeited registered trademark, if it constitutes a crime, the party shall be prosecuted, according to law, for its criminal liabilities in addition to compensating the losses the infringee suffers.
Article 60 State functionaries engaged in trademark registration, administration and review shall be impartial in implementing the law, incorruptible and self-disciplined, devoted to their duties and shall be courteous and honest in their delivery of service.
State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and other personnel engaged in trademark registration, administration and review shall not been involved in trademark agency services or in any activity of manufacturing and trading goods.
Article 61 Administrative authorities for industry and commerce shall establish and perfect an internal supervisory system to supervise and inspect the way state functionaries responsible for trademark registration, administration and review implement laws and administrative regulations and observe disciplines.
Article 62 Where state functionaries engaged in trademark registration, administration and review are derelict of duty, abuse their power, and practise fraud for personal gains; where they handle trademark registration, administration and review matters in violation of the law; where they accept money or properties from a party in a trademark matter; where they seek improper gains; and where the case is so serious as to constitute a crime, they shall be prosecuted, according to law, for their criminal liabilities. Where the case does not constitute a crime, the person involved shall be subject to administrative disciplinary measures according to law.
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Chapter VIII Supplementary Provisions
Article 63 Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fee as prescribed. The schedule of fees shall be prescribed separately.
Article 64 This law shall enter into force on March l, l983. The "Regulations Governing Trademarks" promulgated by the State Council on April l0, l963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this law shall cease to be effective at the same time.
Trademarks registered before this law enters into force shall continue to be valid.
(Translation by the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China)
(In case of discrepancy, the original version in Chinese shall prevail.)
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