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
1 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 intergovernmental 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;
(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:
(1) 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 2 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 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 3 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 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-emotively 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
adjudication by the Trademark Review and Adjudication 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 4 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 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 shall 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 contract,
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 5 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, 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.
Chapter 6 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 7 Protection of the Exclusive 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 8 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.
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.
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