·Chinese(gb) ·English ·ฉบับภาษาไทย ·Tiếng Việt
WAPWeb Accessibility RSS
Home About Liuzhou Government Liuzhou News Live in Liuzhou Travel in Liuzhou Invest in Liuzhou Interact
Current Location:  Home > Government > Policy Interpretation
 
Interpretation of Implementing Regulations of the Trademark Law of the People's Republic of China
 
  

Time: November 5, 2008

1.    The geographic marks may be registered as a certification mark or collective mark.

According to the Trademark Law and the present regulationsthe geographic marks may be registered as a certification mark or collective mark.

The Regulations prescribe that where a geographic mark is registered as a certification markthe natural personlegal person or other organization whose commodities meet the conditions for using the geographic mark may request for using the certification markand the organization that controls the certification mark shall consent.


Where a geographic mark is registered as a collective mark
the natural personlegal person or other organization whose commodities meet the conditions for using the geographic mark may request for becoming a member of the bodysociety or other organization that has registered the geographic mark as a collective markand the bodysociety or other organization shall accept him/her/it to be a member according to the constitutions thereof. Any one who does not request for becoming a member of the bodysociety or other organization that has registered the geographic mark as a collective onehe/she/it may be justified in using the geographic markand the bodysociety or other organization shall not interdict.


2. What to do when two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind of commodity or similar commodity?

Sometimes two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind of commodity or similar commodity. What to do then?

Article 19 in the Regulations prescribes that if two or more applicants apply on the same day for registration of identical or similar trademarks for the same kind of commodity or similar commodityeach applicant shall submitwithin 30 days as notified by the Trademark Officeproof of the date of the first use of its trademark. Where the trademarks are used on the same dayor neither is yet in usethe applicants shall settle the matter by negotiations within 30 days after receiving the notice of the Trademark Officeand the agreement shall be submitted to the Trademark Office in written form. If they refuse to negotiate or if they fail to enter into any agreementthe Trademark Office shall inform them to decide the applicant by drawing lotsand the application of other applicants shall be rejected. Where any applicant has been notified by the Trademark Office but fails to draw lotshe/she shall be deemed as giving up his/her applicationand the Trademark Office shall inform the applicant failing to draw lots in written form.


3. Parties concerned shall be notified 15 days prior to the public appraisal of trademark.

The Trademark Appraisal Committee shall notify the parties concerned 15 days prior to the public appraisal of trademark according to the Regulations.

Where the Trademark Appraisal Committee decides to appraise the application in public according to the request of parties and actual needit shall inform the parties concerned 15 days prior to the public appraisal of the date, venue and appraisers. The parties concerned shall make a reply within the time period as stated in the notification.

If the applicant neither makes a reply nor attends the public appraisal, it shall be deemed that he has withdrawn his application, and the Trademark Appraisal Committee shall inform the parties concerned in written form. If the party against whom the application is filed neither makes a reply nor attends the public appraisal, the Trademark Appraisal Committee may make a default appraisal.


4. Anyone who forges or alters a certificate of trademark registration shall be subject to criminal liabilities.

From September 15, 2002, anyone who forges or alters a certificate of trademark registration shall be subject to criminal liabilities.

Article 38 in the Regulations prescribes that anyone who forges or falsifies the Certificate of Trademark Registration, he/she shall be subject to criminal liabilities according to law based on the provisions governing the crimes of forging and falsifying certificates issued by the State administrative authority or other crimes.


Where a Certificate of Trademark Registration is lost or damaged, it is necessary to apply to the Trademark Office for re-issuance of the Certificate. Where the Certificate is lost, the registrant shall declare the loss of the Certificate by publishing a declaration in the Trademark Gazette. The damaged Certificate shall be returned to the Trademark Office when an application for re-issuance is filed.


1.   
An act of infringement of the exclusive right to use a registered trademark shall be subject to a heavy fine.

Implementing Regulations of the Trademark Law of the People's Republic of China prescribes that an act of infringement of the exclusive right to use a registered trademark shall be imposed on a fine severely.

An act of infringement of the exclusive right to use a registered trademark shall be imposed on a fine of not exceeding three times the amount of the illegal business turnover. Where it is impossible to calculate the amount of the illegal business turnover, the fine shall be up to 100,000 yuan. Everyone is entitled with the right to inform or report the act of infringement of the exclusive right to use a registered trademark to the administrative department for industry and commerce.

Any of the following acts shall be an act of infringement of the exclusive right to use a registered trademark as provided for in the Trademark Law: to use any design which is identical with or similar to the registered trademark of another person on the same or similar goods, as the designation or decoration of the goods, which misleads the public; or to intentionally provide any other person with such facilities as storage, transportation, postal service, and concealment in his infringement of the exclusive right of another person to use a registered trademark.


2.   
The Chinese language shall be used in applying for trademark registration or attending to other trademark matters.

Implementing Regulations of the Trademark Law of the People's Republic of China prescribes that Chinese language shall be used in applying for trademark registration or attending to other trademark matters.

Where submitted certificates, certifying documents and proof materials stipulated in the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translation is not attached, the certificates, certifying documents and proof materials shall be deemed not to have been submitted.

An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney shall indicate such contents and competence as authorized: the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entrusted. Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise shall be done based on the principle of reciprocity.

The foreign person or foreign enterprise mentioned in Article l8 of the Trademark Law refers to the foreign person or foreign enterprise that does not have its habitual residence or place of business in China.

 

   3.    Ascertainment of the filing date of an application for trademark registration

Implementing Regulations of the Trademark Law of the People's Republic of China prescribes that the filing date of an application for trademark registration shall be the date on which the Trademark Office receives the application documents.

Where the documents of the application are fulfilled and the application form filled out according to the relevant rules, the Trademark Office will accept the application and notify the applicant in written form. Where the formal documents are not fulfilled or the application form not filled out according to the relevant rules, the Trademark Office will not accept it, and it shall notify the applicant in written form and explain the reasons.

Where the documents are basically fulfilled or the application form filled out basically according to the relevant rules, but amendments are required, the Trademark Office shall notify the applicant to make the amendments and require him/her to do so according to the contents prescribed and re-submit it to the Trademark Office within 30 days from the date of receiving the notification. When the application is amended and re-submitted to the Trademark Office within the time limit, the date of filing shall be retained. Where the application is not amended within the time limit, the application shall be deemed to have been given up, and the Trademark Office shall notify the applicant in written form.

   Print   To Top    Close  
0

Related Articles

   
Home  │ About Liuzhou  │ Site Map  │ Service and Privacy │ FAQ │ Download Forms   │ Contact Us
Copyright (C) 2006 The People's Government of Liuzhou Municipality,All Rights Reserved
Sponsored by Liuzhou Informational Leading Group Office (The Bureau Of The Information Industry Of Liuzhou)
Prepared by Liuzhou Network Management Centre Address:No. 66, Sanzhong Road, Liuzhou, China
ICP Certificate No.05009280