| 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 23 August 1982, revised
for the first time according to the Decision on the Amendment
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 22 February 1993, and revised
for the second time according to the Decision on the Amendment
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 27 October 2001.)
Chapter l General Provisions
Article 1 This Law is enacted for the purposes of improving
the administration of trademarks, protecting the exclusive
right to use trademarks, and of encouraging producers and
operators to guarantee the quality of their goods and services
and maintaining the reputation of their trademarks, with a
view to protecting the interests of consumers, producers and
operators and to promoting the development of the 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 Trademark Review and Adjudication Board, established
under the administrative authority for industry and commerce
under the State Council, shall be responsible for handling
matters of trademark disputes.
Article 3 Registered trademarks mean trademarks that have
been approved and registered by the Trademark Office, including
trademarks, service marks, collective marks and certification
marks; the trademark registrants shall enjoy the exclusive
right to use the trademarks, and be protected by law.
Said collective marks mean sings which are registered in
the name of bodies, associations or other organizations to
be used by the members thereof in their commercial activities
to indicate their membership of the organizations.
Said certification marks mean signs which are controlled
by organizations capable of supervising some goods or services
and used by entities or individual persons outside the organization
for their goods or services to certify the origin, material,
mode of manufacture, quality or other characteristics of the
goods or services.
Regulations for the particular matters of registration and
administration of collective and certification marks shall
be established by the administrative authority for industry
and commerce under the State Council.
Article 4 Any natural person, legal entity or other organization
intending to acquire the exclusive right to use a trademark
for the goods produced, manufactured, processed, selected
or marketed by it or him, shall file an application for the
registration of the trademark with the Trademark Office. Any
natural person, legal entity or other organization intending
to acquire the exclusive right to use a service mark for the
service provided by it or him, shall file an application for
the registration of the service mark with the Trademark Office.
The provisions set forth in this Law concerning trademarks
shall apply to service marks.
Article 5 Two or more natural persons, legal entities or
other organizations may jointly file an application for the
registration for 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 Any user of a trademark shall be responsible for
the quality of the goods in respect of which the trademark
is used. The administrative authorities for industry and commerce
at different levels shall, through the administration of trademarks,
stop any practice that deceives consumers.
Article 8 In respect of any visual sign capable of distinguishing
the goods or service of one natural person, legal entity or
any other organization from that of others, including any
word, design, letters of an alphabet, numerals, three-dimensional
symbol, combinations of
Colours, and their combination, an application may be filed
for registration.
Article 9 Any trademark in respect of which an application
for registration is filed shall be so distinctive as to be
distinguishable, and shall not conflict with any prior right
acquired by another person.
A trademark registrant has the right to use the words of
"registered trademark" or a symbol to indicate that
his trademark is registered.
Article 10 The following signs 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, with names of the places where
the Central and State organs are located, or with the names
and designs of landmark buildings;
(2) those identical with or similar to the State names, national
flags, national emblems or military flags of foreign countries,
except that the foreign state government agrees otherwise
on the use;
(3) those identical with or similar to the names, flags or
emblems or names, of international intergovernmentaI organizations,
except that the organizations agree otherwise on the use or
that it is not easy for the use to mislead the public;
(4) those identical with or similar to official signs and
hallmarks, showing official control or warranty by them, except
that the use thereof is otherwise authorized;
(5) those identical with or simi1ar to the symbols, or names,
of the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any
nationality;
(7) those having the nature of exaggeration and fraud in
advertising goods; and
(8) those detrimental to socialist morals or customs, or
having other unhealthy influences.
The geographical names as the administrative divisions at
or above the county level and the foreign geographical names
well known to the public shall not be used as trademarks,
but such geographical terms as have otherwise meanings or
are a part of collective marks/or a certification marks 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
trademarks:
(1) those only comprising generic names, designs or models
of the goods in respect of which the trademarks are used;
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(2) those having direct reference to the quality, main raw
materials, function, use, weight, quantity or other features
of the goods in respect of which the trademarks are used;
and
(3) those lacking distinctive features.
The signs under the preceding paragraphs may be registered
as trademarks where they have acquired the distinctive features
through use and become readily identifiable.
Article 12 Where an application is filed for registration
of a three-dimensional sign as a trademark, any shape derived
from the goods itself, required for obtaining the technical
effect, or giving the goods substantive value, shall not be
registered.
Article 13 Where a trademark in respect of which the application
for registration is filed for use for identical or similar
goods is a reproduction, imitation or translation of another
person's trademark not registered in China and likely to cause
confusion, it shall be rejected for registration and prohibited
from use.
Where a trademark in respect of which the application for
registration is filed fdr use for non-identical or dissimilar
goods is a reproduction, imitation or translation of the well-known
mark of another person that has been registered in China,
misleads the pub1ic and is likely to create prejudice to the
interests of the well-known mark registrant, it shall be rejected
for registration and prohibited from use.
Article 14 Account shall be taken of the fol1owing factors
in establishment of a well-known mark:
(l) reputation of the mark to the relevant public;
(2) time for continued use of the mark;
(3) consecutive time, extent and geographical area of advertisement
of the mark;
(4) records of protection of the mark as a well-known mark;
and
(5) any other factors relevant to the reputation of the mark.
Article 15 Where any agent or representative registers, in
its or his own name, the trademark of a person for whom it
or he acts as the agent or representative without authorization
therefrom, and the latter raises opposition, the trademark
shall be rejected for registration and prohibited from use.
Article 16 Where a trademark contains a geographic indication
of the goods in respect of which the trademark is used, the
goods is not from the region indicated therein and it misleads
the public, it shall be rejected for registration and prohibited
from use; however, any trademark that has been registered
in good faith shall remain valid.
The geographic indications mentioned in the preceding paragraph
refer to the signs that signify the place of origin of the
goods in respect of which the signs are used, their specific
quality, reputation or other features as mainly decided by
the natural or cultural factors of the regions.
Article 17 Any foreign person 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 principles of reciprocity.
Article 18 Any foreign person or foreign enterprise intending
to apply for the registration of a trademark or for any other
matters conceming a trademark in China sha1l appoint any of
such organizations as designated by the State to act as its
or his agent.
Chapter II AppIication 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 registration of a trademark
intends to use the same trademark for goods in different classes,
an application for registration shall be filed in respect
of each class of the prescribed classification of goods.
Article 21 Where a registered trademark is to be used in
respect of other goods of the same class, a new application
for registration shall be filed.
Article 22 Where the sign of a registered trademark is to
be altered, a new registration shall be applied for.
Article 23 Where, after the registration of a trademark,
the name, address or other registered matters concerning the
registrant change, an application regarding the change shall
be filed.
Article 24 Any aPp1icant for the registration of a trademark
who files an application for registration of the same trademark
for identica1 goods in China within six months from the date
of filing the first application for the trademark registration
overseas may enjoy the right of priority 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 whereby each acknowledges
the right of priority of the other.
Anyone claiming the right of priority according to the preceding
paragraph shall make a statement in writing when it or he
files the application for the trademark registration, and
submit, within three months, a copy of the application documents
it or he first filed for the registration of the trademark;
where the applicant fails to make the claim in writing or
submit the copy of the application documents within the time
limit, the claim shall be deemed not to have been made for
the right of priority.
Article 25 Where a trademark is first used for goods in an
international exhibition on sponsored or recognized by me
Chinese Government, the applicant for the registration of
the trademark may enjoy the right of priority within six months
from the date of exhibition of the goods.
Anyone claiming the right of priority according to the preceding
paragraph shall make a claim in writing when it or he files
the application for the registration of the trademark, and
submit, within three months, documents showing the title of
the exhibition in which its or his goods was displayed, proof
that the trademark was used for the goods exhibited, and the
date of exhibition; where the claim is not made in writing,
or the proof documents not submitted within the time limit,
the claim shall be deemed not to have been made for the right
of priority.
Article 26 The matters reported and materials submitted in
the application for trademark registration shall be true,
accurate and complete.
Chapter lII Examination for and ApprovaI 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 person that has, in respect of the same or similar
goods, been registered or, after examination, preliminarily
approved, the Trademark Office shall refuse the application
and shall not publish the said trademark.
Article 29 Where two or more applicants apply for the registration
of identical or similar trademarks for the same or similar
goods, the preliminary aPproval, after examination, and the
publication shall be made for the trademark which was first
filed. Where applications are filed on the same day, the preliminary
approval, after examination, and the publication shall be
made for the trademark which was the earliest used, and the
applications of the others shall be refused and their trademarks
shall not be published.
Article 30 Any person may, within three months from the date
of the publication, file an opposition against the trademark
that has, after examination, been preliminarily approved.
If no opposition has been filed after the expiration of the
time limit from the publication, the registration shall be
approved, a certificate of trademark registration shall be
issued and the trademark shall be published.
Article 31 An application for the registration of a trademark
shall not create any prejudice to the prior right of another
person, nor unfair means be used to pre-emptively register
the trademark of some reputation another person has used.
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 may, within
fifteen days from receipt of the notice, file an application
with the Trademark Review and Adjudication Board for a review.
The Trademark Review and Adjudication Board shall make a decision
and notify 'the applicant in writing.
Any interested party who is not satisfied with the decision
made by the Trademark Review and Adjudication Board may, within
thirty days from receipt of the notice, institute legal proceedings
in 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 applicant state facts and grounds, and shall, after investigation
and verification, make a decision. Where any party is dissatisfied,
it or he may within fifteen days from receipt of the notification,
apply for a reexamination, and the Trademark Review and Adjudication
Board shall make a decision and notify both the opponent and
applicant in writing.
Any interested party who is not satisfied with the decision
made by the Trademark Review and Adjudication Board within
thirty days from the date of receipt of the notice, may institute
legal proceedings in the People's Court. The People's Court
shall notify the other party to the trademark reexamination
proceeding to be a third party to the litigation.
Article 34 Where the interested party does not, within the
statutory time limit, apply for the reexamination of the adjudication
by the Trademark Office or does not institute legal proceedings
in respect of the ad judication by the Trademark Review and
Ad judication Board, the adjudication takes effect.
Where the opposition cannot be established upon ad judication,
the registration shall be approved, a certificate of trademark
registration shall be issued and the trademark shall be published;
where the opposition is established upon adjudication, the
registration shall not be approved.
Where the opposition cannot be established upon ad judication,
but the registration is approved, the time of the exclusive
right the trademark registration applicant has obtained to
use the trademark is counted from the date on which the three
months expires from the publication of the preliminary examination.
Article 35 Any application for trademark registration and
trademark reexamination shall be examined in due course.
Article 36 Where any trademark registration applicant or
registrant finds any obvious errors in the trademark registration
documents or application documents, it or he may apply for
correction thereof The Trademark Office shall ex officio make
the correction according to law and notify the interested
party of the correction.
The error correction mentioned in the preceding paragraph
shall not relate to the substance of the trademark registration
documents or application documents.
Chapter IV RenewaI, Assignment and Licensing of Registered
Trademarks
Article 37 The period of validity of a registered trademark
shall be ten years, counted from the date of approval of the
registration.
Article 38 Where the registrant intends to continue to use
the registered trademark beyond the expiration of the period
of validity, an application for renewal of the registration
shall be made within six months before the said expiration.
Where no application 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 the grace period,
the registered trademark shall be cancelled.
The period of validity of each renewal of registration shaIl
be ten years.
Any renewa1 of registration shall be published after it as
been approved.
Article 39 Where a registered trademark is assigned, the
assignor and assignee shall conclude a contract for 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, and the assignee enjoys the exclusive
right to use the trademark from the date of publication.
Article 40 Any trademark registrant may, by signing a trademark
license contf8ct, authorize other persons to use his registered
trademark. The licensor shall supervise the quality of the
goods in respect of which the licensee uses his registered
trademark, and the licensee shall guarantee the quality of
the goods in respect of which the registered Trademark is
used.
Where any party is authorized to use a registered trademark
of another person, the name of the licensee and the origin
of the goods must be indicated on the goods that bear the
registered trademark.
The trademark license contract shall be submitted to the
Trademark Office for record. Chapter V Adjudication of Disputes
Concerning Registered Trademarks
Article 41 Where a registered trademark stands in violation
of the provisions of Articles 10, 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 l3, l5, l6 and 3l 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.
Chapter Vl Administration of the Use of Trademarks
Article 44 Where any person who uses a registered trademark
has committed any of the following, the Trademark Office shall
order him to rectify the situation within a specified period
or even cancel the registered trademark:
(1) where a registered trademark is altered unilaterally
(that is, without the required registration);
(2) where the name, address or other registered matters concerning
the registrant of a registered trademark are changed unilaterally
(that is, without the required application ),
(3) where the registered trademark is assigned unilaterally
(that is, without the required approval); or
(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 cancelled
or has not been renewed at the expiration, the Trademark Office
shall, during one year from the date of the cancellation or
removal thereof, approve no application for the registration
of a trademark that is identical with or similar to the said
trademark.
Article 47 Where any person violates the provisions of Article
6 of this Law, the local administrative authority for industry
and commerce shall order him to file an application for the
registration within a specified period, and may, in addition,
impose a fine.
Article 48 Where any person who uses an unregistered trademark
has committed any of the following, the local administrative
authority for industry and commerce shall stop the use of
the trademark, order him to rectify the situation within a
specified period, and may, in addition, circulate a notice
of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated;
or
(3) where the manufacture is of rough or poor quality, or
where superior quality is replaced by inferior quality, so
that 'consumers are deceived.
Article 49 Any party dissatisfied with the decision of the
Trademark Office to cancel a registered trademark may, within
fifteen days from receipt of the corresponding notice, apply
for a review. The Trademark Review and Adjudication Board
shall make a decision and notify the applicant in writing.
Any interested party dissatisfied with the decision 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.
Article 50 Any party dissatisfied with the decision of the
administrative authority for industry and commerce to impose
a fine under the provisions of Article 45, Article 47 or Article
48 may, within fifteen days from receipt of the corresponding
notice, institute legal proceedings with the People's Court.
If there have been instituted no legal proceedings or made
no performance of the decision at the expiration of the said
period, the administrative authority for industry and commerce
may request the People's Court for compulsory execution thereof.
Chapter VlI Protection of the ExcIusive Rights to Use Registered
Trademarks
Article 51 The exclusive right to use a registered trademark
is limited to the trademark which has been approved for registration
and to the goods in respect of which the use of the trademark
has been approved.
Article 52 Any of the following acts shall be an infringement
of the exclusive right to use a registered trademark:
(1) to use a trademark that is identical with or similar
to a registered trademark in respect of the identical or similar
goods without the authorization from the trademark registrant;
(2) to sell goods that he knows bear a counterfeited registered
trademark;
(3) to counterfeit, or to make, without authorization, representations
of a registered trademark of another person, or to sell such
representations of a registered trademark as
were counterfeited, or made without authorization;
(4) to replace, without the consent of the trademark registrant,
its or his registered trademark and market again the goods
bearing the replaced trademark; or
(5) to cause, in other respects, prejudice to the exclusive
right of another person to use a registered trademark.
Article 53 Where any party has committed any of such acts
to infringe the exclusive right to use a registered trademark
as provided for in Article 52 of this Law and has caused a
dispute, the interested parties shall resolve the dispute
through consultation; where they are reluctant to resolve
the matter through consultation or the consultation fails,
the trademark registrant or interested party may institute
legal proceedings in the People's Court or request the administrative
authority for industry and commerce for actions. Where it
is established that the infringing act is constituted in its
handling the matter, the administrative authority for industry
and commerce handling the matter shall order the infringer
to immediately stop the infringing act, confiscate and destroy
the infringing goods and tools specially used for the manufacture
of the infringing goods and for counterfeiting the representations
of the registered trademark, and impose a fine. Where any
interested party is dissatisfied with decision on handling
the matter, it or he may, within fifteen days from the date
of receipt of the notice, institute legal proceedings in the
People's Court
according to the Administrative Procedure Law of the People's
Republic of China. If there have been instituted no legal
proceedings or made on performance of the decision at the
expiration of the said period, the administrative authority
for industry and commerce shall request the People's Court
for compulsory execution thereof. The administrative authority
for industry and commerce handling the matter may, upon the
request of the interested party, medicate on the amount of
compensation for the infringement of the exclusive right to
use the trademark; where the medication fails, the interested
party may institute legal proceedings in the People's Court
according to the Civil Procedure Law of the People's Republic
of China.
Article 54 The administrative authority for industry and
commerce has the power to investigate and handle any act of
infringement of the exclusive right to use a registered trademark
according to law; where the case is so serious as to constitute
a crime, it shall be transferred to the judicial authority
for handling.
Article 55 When investigating and handling an act suspected
of infringement of a registered trademark, the administrative
authority for industry and commerce at or above the county
level may, according to the obtained evidence of the suspected
violation of law or informed offence, exercise the following
functions and authorities:
(1 ) to inquire of the interested parties involved, and to
investigate the relevant events of the infringement of the
exclusive right to use the trademark;
(2) to read and make copy of the contract, receipts, account
books and other relevant materials of the interested parties
relating to the infringement;
(3) to inspect the site where the interested party committed
the alleged infringement of the exclusive right to use the
trademark; and
(4) to inspect any articles relevant to the infringement;
any articles that prove to have been used for the infringement
of another person's exclusive right to use the trademark may
be sealed up or seized.
When the administrative authority for industry and commerce
exercises the preceding functions and authorities, the interested
party shall cooperate and help, and shall not refuse to do
so or stand in the way.
Article 56 The amount of damages shall be the profit that
the infringer has earned because of the infringement in the
period of the infringement or the injury that the infringee
has suffered from the infringement in the period of the infringement,
including the appropriate expenses of the infringee for stopping
the infringement.
Where it is difficult to determine the profit that the infringer
has earned because of the infringement in the period of the
infringement or the injury that the infringee has suffered
from the infringement in the period of the infringement, the
People's Court shall impose an amount of damages of no more
than RMB 500, 000 yuan according to the circumstances of the
infringement.
Anyone who sells a goods that it or he does not know has
infringed the exclusive right to use a registered trademark,
and is able to prove that it or he has obtained the goods
legitimately and indicates the supplier thereof shall not
bear the liability for damages.
Article 57 Where a trademark registrant or interested party
who has evidence to show that another person is committing
or will commit an infringement of the right to use its or
his registered trademark, and that failure to promptly stop
the infringement will cause irreparable damages to its or
his legitimate rights and interests, it or he may file an
application with the People's Court to order cessation of
the relevant act and to take measures for property preservation
before instituting legal proceedings in the People's Court.
The People's Court handling the application under the preceding
paragraph shall apply the provisions of Articles 93 to 96
and 99 of the Civil Procedure Law of the People's Republic
of China.
Article 58 In order to stop an infringing act, any trademark
registrant or interested party may file an application with
the People's Court for preservation of the evidence before
instituting legal proceedings in the People's Court where
the evidence will possibly be destroyed or lost or difficult
to be obtained again in the future. The People's Court must
make adjudication within forty-eight hours after receipt of
the application; where it is decided to take the preservative
measures, the measures shall be executed immediately. The
People's Court may order the applicant to place guaranty;
where the applicant fails to place the guaranty, the application
shall be rejected.
Where the applicant institutes no legal proceedings within
fifteen days after the People's Court takes the preservative
measures, the People's Court shall release the measures taken
for the preservation.
Article 59 Where any party uses, without the authorization
from the trademark registrant, a trademark identical with
a registered trademark, and the case is so serious as to constitute
a crime, he shall be prosecuted, according to law, for his
criminal liabilities in addition to his compensation for the
damages suffered by the infringee.
Where any party counterfeits, or makes, without authorization,
representations of a registered trademark of another person,
or sells such representations of a registered trademark as
were counterfeited, or made without authorization, and the
case is so serious as to constitute a crime, he shall be prosecuted,
according to law, for his criminal liabilities in addition
to his compensation for the damages suffered by the infringee.
Where any party sells goods that he knows bear a counterfeited
registered trademark, and the case is so serious as to constitute
a crime, he shall be prosecuted, according to law, for his
criminal liabilities in addition to his compensation for the
damages suffered by the infringee.
Article 60 The State functionaries for the registration,
administration and reexamination of trademarks must handle
cases according to law, be incorruptible and disciplined,
devoted to their duties and courteous and honest in their
provision of service.
The State functionaries of the Trademark Office and the Trademark
Review and Adjudication Board and those working for the registration,
administration and reexamination of trademarks shall not practice
as trademark agent and engage in any activity to manufacture
and market goods.
Article 61 The administrative authority for industry and
commerce shall establish and amplify its internal supervision
system to supervise and inspect the State functionaries for
the registration, administration and reexamination of trademarks
in their implementation of the laws and administrative regulations
and in their observation of the discipline.
Article 62 Where any State functionary for the registration,
administration and reexamination of trademarks neglects his
duty, abuses his power, engages in malpractice for personal
gain, handles the registration, administration and reexamination
of trademarks in violation of law, accepts money or material
wealth from any interested party or seeks illicit interest,
which constitutes a crime, he or she shall be prosecuted for
his or her criminal liabi1ity. If the case is not serious
enough to constitute a crime, he or she shall be given disciplinary
sanction according to law.
Chapter VIII Supplementary Provisions
Article 63 Any application for a trademark registration and
for other matters concerning a trademark shall be subject
to payment of the fees as prescribed. The schedule of fees
shall be prescribed separately.
ArticIe 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.
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