1 
  
Regulations for the Implementation of the Trademark Law of the People’s 
Republic of China  
(Promulgated by Decree No. 358 of the State Council of the People’s Republic of 
China on August 3, 2002, revised and promulgated by Decree No. 651 of the State 
Counc il of the People’s Republic of China on April 29, 2014, and effective as of May 
1, 2014)  
 
Chapter I  General Provisions  
 
    Article 1   These Regulations are formulated in accordance with the Trademark 
Law of the People’s Republic of China (hereinafter ref erred to as the Trademark 
Law).  
    Article 2   Provisions concerning the trademarks in these Regulations shall 
apply to service marks.  
    Article 3   Where a trademark holder requests the protection of his trademark as 
a well -known trademark in accordance with Article 13 of the Trademark Law, he shall 
submit evidence to prove that his trademark constitutes a well -known trademark. The 
Trademark Office and the Trademark Review and Adjudication Board shall, based on 
the needs of case examination or investigati on, as well as the evidence submitted by 
the party, make a determination as to whether his trademark is well -known in 
accordance with Article 14 of the Trademark Law.  
    Article 4   For geographical indications prescribed in Article 16 of the 
Trademark Law , applications may be filed to register them as certification marks or 
collective marks in accordance with the provisions of the Trademark Law and these 
Regulations.  
    Where a geographical indication is registered as a certification mark, any natural 
person, legal person or other organization whose goods satisfy the conditions under 
which the geographical indication is used may request the use of the certification 
mark, and the organization in control of such certification mark shall permit such use. 2 
 Wher e a geographical indication is registered as a collective mark, any natural person, 
legal person or other organization whose goods satisfy the conditions under which the 
geographical indication is used may request the membership of the society, 
association  or any other organization that registered the geographical indication as a 
collective mark, and the society, association or any other organization shall accept the 
membership in accordance with its articles of association; those who do not request 
the mem bership of the society, association or any other organization that registered 
the geographical indication as a collective mark may legitimately use the geographical 
indication, and the society, association or any other organization is not entitled to 
prohi bit such use.  
    Article 5   Where a party entrusts a trademark agency with the application for 
trademark registration or other trademark matters, a Power of Attorney shall be 
submitted. A Power of Attorney shall state the contents and the scope of compete nce; 
a Power of Attorney issued by a foreigner or a foreign enterprise shall also state his or 
its nationality.  
    Procedures for notarizing and authenticating a Power of Attorney and certifying 
documents relating to a foreigner or a foreign enterprise sh all be undertaken in line 
with the principle of reciprocity.  
    In applying for trademark registration or trademark assignment, the applicant or 
the assignee that is a foreigner or a foreign enterprise shall appoint in the application a 
recipient within C hinese territory to be responsible for receiving subsequent legal 
documents issued by the Trademark Office or the Trademark Review and 
Adjudication Board. Subsequent legal documents issued by the Trademark Office or 
the Trademark Review and Adjudication Bo ard shall be served on the recipient within 
Chinese territory.  
    A foreigner or a foreign enterprise in Article 18 of the Trademark Law means a 
foreigner or a foreign enterprise having no habitual residence or establishment in 
China.  
    Article 6   The C hinese language shall be used in the application for trademark 
registration or other trademark matters.  3 
     Where any certificate, certifying document or evidence submitted in accordance 
with the provisions of the Trademark Law and these Regulations is in a foreign 
language, a Chinese translation shall be attached; where no Chinese translation is 
attached, it shall be considered that the certificate, certifying document or evidence 
has not been submitted.  
    Article 7   Under any of the following circumstan ces, a staff member of the 
Trademark Office or the Trademark Review and Adjudication Board shall recuse 
himself from the case, and a party or an interested party may request his recusal:  
    (1) where he is a party, or a close relative of a party or the ag ent; 
    (2) where he has any other relationship with a party or the agent that may affect 
impartiality; or  
    (3) where he has an interest in the application for trademark registration or other 
trademark matters.  
    Article 8   Applications for trademark  registration and other related documents 
submitted in electronic form as  specified in Article 22 of the Trademark Law, shall be 
submitted through the Internet as prescribed by the Trademark Office or the 
Trademark Review and Adjudication Board.  
    Articl e 9  Except as otherwise provided in Article 18 of these Regulations, the 
date on which a party submits documents or materials to the Trademark Office or the 
Trademark Review and Adjudication Board shall be the date of delivery when the 
documents or materi als are submitted in person, or the date of mailing indicated by 
the postmark when they are sent by mail, or the actual date on which the documents or 
materials are received by the Trademark Office or the Trademark Review and 
Adjudication Board when the da te of mailing indicated by the postmark is illegible or 
where there is no postmark, with the exception that the party can provide evidence of 
the actual date as indicated by the postmark. Where the documents or materials are 
submitted by express enterprise s other than the postal services, the date shall be the 
receiving date of the express enterprises, or the actual date on which the documents or 
materials are received by the Trademark Office or the Trademark Review and 
Adjudication Board when the receiving  date is uncertain, with the exception that the 4 
 party can provide evidence of the actual receiving date of the express enterprises. 
Where the documents or materials are submitted in electronic form, the date shall be 
the entry date of the documents or mate rials into the electronic system of the 
Trademark Office or the Trademark Review and Adjudication Board.  
    Where a party mails documents to the Trademark Office or the Trademark 
Review and Adjudication Board, he shall choose to use mail that has receipts . 
    Where a party submits documents to the Trademark Office or the Trademark 
Review and Adjudication Board, and the documents are submitted in paper, the 
records archived by the Trademark Office or the Trademark Review and Adjudication 
Board shall prevai l; where the documents are submitted in electronic form, the records 
in the database of the Trademark Office or the Trademark Review and Adjudication 
Board shall prevail, with the exception that the party can provide evidence for the 
error in the archives or databases of the Trademark Office or the Trademark Review 
and Adjudication Board.  
    Article 10   The documents of the Trademark Office or the Trademark Review 
and Adjudication Board may be served on a party by mail, in person, in electronic 
form, or by  other means; service of the documents in electronic form shall be subject 
to the consent of the party. Where a trademark agency is entrusted by the party, the 
documents shall be considered served once they are served on the trademark agency.  
    The date of service of any document on a party by the Trademark Office or the 
Trademark Review and Adjudication Board shall be the date on which the party 
receives the document as indicated by the postmark when the document is sent by 
mail; when the date indicated by the postmark is illegible or where there is no 
postmark, the document shall be considered served 15 days after the date on which the 
document is sent out, with the exception that the party can provide evidence of the 
actual receiving date; when the docu ment is delivered in person, the date of service 
shall be the date on which the document is delivered; when the document is sent in 
electronic form, the document shall be considered served 15 days after the date on 
which the document is sent out, with the exception that the party can provide evidence 
of the entry date of the document into his electronic system. When the document is 5 
 unable to be served by the abovementioned means, it may be served by means of 
publication, and the document shall be considered  served 30 days after the date on 
which its publication is made.  
    Article 11   The following periods shall not be included into the trademark 
examination or review time limits:  
    (1) the period when documents of the Trademark Office or the Trademark 
Review and Adjudication Board are served by means of publication;  
    (2) the period when a party furnishes supplementary evidence or makes 
supplements or amendments  to the documents, or the period when new responses are 
to be submitted due to change of a pa rty; 
    (3) the period required for providing proof of use, negotiating or drawing lots 
where the trademark applications are filed on the same day;  
    (4) the period required for the confirmation of the right of priority; or  
    (5) the period required f or the decision of other cases involving a prior right, 
upon the request of the applicant during the process of examination or review.  
    Article 12   Except as otherwise provided in the second paragraph of this Article, 
the first day of the various time l imits prescribed by the Trademark Law and these 
Regulations shall not be included in the time limit. Where the time limit is counted by 
year or month, the corresponding day of the last month of the time limit shall be the 
expiration day of the time limit; if there is no corresponding day in that month, the last 
day of that month shall be the expiration day of the time limit; when the expiration 
day of the time limit falls on a public holiday, the first working day following the 
public holiday shall be the e xpiration day of the time limit.  
    The period of validity of a registered trademark prescribed in Articles 39 and 40 
of the Trademark Law commences from the statutory date, and expires on the day 
preceding the corresponding day of the last month of the t ime limit, and when there is 
no corresponding day in that month, the last day of that month shall be the expiration 
day of the time limit.  
 
Chapter II  Application for Trademark Registration  6 
  
    Article 13   In applying for registration of a trademark, an application shall be 
prepared and submitted based on the published Classification of Goods and Services. 
For each application for trademark registration, one copy of the Application for 
Trademark Registration and one copy of the reproduction of the tradema rk shall be 
submitted to the Trademark Office; where the trademark is a combination of colors or 
of colored pattern, one copy of the colored reproduction of the trademark and one in 
black and white shall be submitted; where the trademark is of no colors, a  
reproduction of the trademark in black and white shall be submitted.  
    The reproduction of a trademark shall be clear, easy to paste, and printed on 
smooth and durable paper or be replaced by photographs, and the length and width of 
the reproduction sha ll be not more than 10 centimeters and not less than 5 centimeters 
respectively.  
    Where an application is filed for registration of a three -dimensional sign as a 
trademark, a statement shall be made in the application, the method of use of the 
trademark  shall be indicated, a reproduction that can establish the three -dimensional 
shape shall be submitted, and the reproduction submitted shall include at least a 
three -view drawing.  
    Where an application is filed for registration of a combination of colors  as a 
trademark, a statement shall be made in the application, and the method of use of the 
trademark shall be indicated.  
    Where an application is filed for registration of sound as a trademark, a statement 
shall be made in the application, a qualified sound sample and a description of the 
sound for registration as the trademark shall be submitted, and the method of use of 
the trademark shall be indicated. The description of the sound trademark shall use 
stave or numbered musical notations of the sound i n combination with notes in words; 
where the sound is unable to be described by stave or numbered musical notations, it 
shall be described in words; the description of the trademark shall be in conformity 
with the sound sample.  
    Where an application is filed for registration of a collective mark or a 7 
 certification mark, a statement shall be made in the application, and documents 
certifying the qualifications of the applicants and the rules on the administration of 
use of the trademark shall be submitted.  
    Where a trademark is in a foreign language, or consists of foreign words, the 
meaning shall be explained in Chinese.  
    Article 14   Where an application is filed for registration of a trademark, the 
applicant shall submit documents certifying his ide ntity. The name of the trademark 
applicant shall be in conformity with what is shown in the documents submitted.  
    The provisions of the preceding paragraph on submitting documents certifying 
the identity of the applicant shall apply to applications to t he Trademark Office for 
handling other trademark matters, such as modification, assignment, renewal, 
opposition, or cancellation of trademarks.  
    Article 15   The indications of goods or services shall be given in accordance 
with the class numbers and ter ms listed in the Classification of Goods and Services; 
where any indication of goods or services is not listed in the Classification of Goods 
and Services, a description of the goods or services in question shall be attached 
thereto.  
    Where applications  for trademark registration and other related documents are 
submitted in paper form, they shall be typewritten or printed.  
    The second paragraph of this Article shall apply to other trademark matters.  
    Article 16   Where an application is jointly file d for registration of a trademark, 
or when proceeding to other matters concerning a jointly  owned trademark, a 
representative shall be designated in the application; where no representative is 
designated, the person named first in the application shall be taken as the 
representative.  
    The documents of the Trademark Office or the Trademark Review and 
Adjudication Board shall be served on the representative.  
    Article 17   Where an applicant modifies his name, address, agent or recipient or 
deletes any of  the designated goods, he shall go through modification formalities with 
the Trademark Office.  8 
     Where an applicant assigns his application for trademark registration, he shall go 
through assignment formalities with the Trademark Office.  
    Article 18   The filing date of an application for trademark registration shall be 
the date on which the application documents are received by the Trademark Office.  
    Where the application formalities for trademark registration are completed, the 
application document s are filled in as required, and the fees are paid, the Trademark 
Office shall accept the application and notify the applicant in writing; where the 
application formalities are not completed, the application documents are not filled in 
as required or the f ees are not paid, the Trademark Office shall not accept the 
application and shall notify the applicant in writing and give the reasons. Where the 
application formalities are basically completed or the application documents are 
basically in compliance with the provisions, but supplements or amendments are 
necessary, the Trademark Office shall notify the applicant of the supplements or 
amendments to be made, requiring him to make supplements or amendments to the 
specified items and send them back to the Trade mark Office within 30 days from the 
date of receipt of the notification. Where the supplements or amendments are made 
and sent back to the Trademark Office within the specified time limit, the filing date 
shall be reserved; where no supplements or amendmen ts are made at the expiration of 
the specified time limit, or the supplements or amendments are not made as required, 
the Trademark Office shall not accept such application and shall notify the applicant 
in writing.  
    The provisions on requirements for a cceptance in the second paragraph of this 
Article shall apply to other trademark matters.  
    Article 19   Where two or more applicants apply respectively on the same day 
for the registration of an identical or similar trademark in respect of the same or 
similar goods, both or all of the applicants shall, within 30 days from the date of 
receipt of the notification of the Trademark Office, submit evidence of prior use of 
such trademark before the application is filed. Where the use of the trademark was on 
the same day or no one has put it into use, both or all of the applicants may, within 30 
days from the date of receipt of the notification of the Trademark Office, negotiate on 9 
 their own and submit a written agreement to the Trademark Office; where the 
applic ants are reluctant to negotiate or fail to reach an agreement through negotiation, 
the Trademark Office shall notify both or all of the applicants that there will be a lot 
drawing to determine one of them as the applicant, and the applications filed by oth ers 
shall be refused. Where any applicant notified by the Trademark Office fails to 
participate in the lot drawing, the application filed by such applicant shall be 
considered abandoned, and the Trademark Office shall notify in writing the applicant 
who fa ils to participate in the lot drawing.  
    Article 20   Where a right of priority is claimed in accordance with the 
provisions of Article 25 of the Trademark Law, the duplicate copies of the application 
documents submitted by the applicant for the first tim e for trademark registration shall 
be certified by the competent trademark authority which has accepted the application, 
and the filing date and number of the application shall be indicated.  
 
Chapter III  Examination of Application for Trademark Registrati on 
 
    Article 21   The Trademark Office shall, in accordance with the relevant 
provisions of the Trademark Law and these Regulations, examine the applications for 
trademark registration which have been accepted, preliminarily approve those 
applications th at are in compliance with the provisions in respect of registration of a 
trademark either on all goods or on certain designated goods, and make a publication 
to that effect; where an application is not in compliance with the provisions in respect 
of regist ration of a trademark on all goods or on certain designated goods, the 
Trademark Office shall refuse the application for registration of the trademark on all 
goods or on certain designated goods, notify the applicant in writing and give the 
reasons.  
    Article 22   Where the Trademark Office refuses an application for registration 
of a trademark on certain designated goods, the applicant may divide the application 
and make the part of the application for which the preliminary approval has been 
granted anoth er application. For the divided application, the filing date of the original 10 
 application shall be reserved.  
    Where an applicant applies to divide an application, he shall file an application 
for division to the Trademark Office within 15 days from the d ate of receipt of the 
Notification of Partial Refusal to an Application for Trademark Registration issued by 
the Trademark Office.  
    Upon receipt of the application for division, the Trademark Office shall divide 
the original application into two separat e applications, give a new application number 
to the divided application for which preliminary approval has been granted and make 
a publication.  
    Article 23   Where the Trademark Office deems that the content of an 
application for trademark registration needs explanation or correction in accordance 
with the provisions of Article 29 of the Trademark Law, the applicant shall provide 
explanation or make correction within 15 days from the date of receipt of the 
notification of the Trademark Office.  
    Articl e 24   Where filing an opposition against a trademark which has been 
preliminarily approved and published by the Trademark Office, the opponent shall 
submit in duplicate the following opposition materials to the Trademark Office, and 
shall make an indicatio n of the original copy and the duplicate copy:  
    (1) an Application for Trademark Opposition;  
    (2) documents that certify the identity of the opponent; and  
    (3) documents certifying that the opponent is a holder of the prior right or an 
interested party, where the opposition is filed on the grounds of violation of the 
second or third paragraph of Article 13, Article 15, the first paragraph of Article 16, 
Article 30, Article 31 or Article 32 of the Trademark Law.  
    An Application for Trademark Oppo sition shall indicate explicit  requests and 
factual basis, with the relevant evidence attached.  
    Article 25   Upon receipt  of an Application for Trademark Opposition, the 
Trademark Office shall, after examination, accept it if it satisfies the conditions  for 
acceptance, and issue a Notification of Acceptance to the applicant.  
    Article 26   Where an Application for Trademark Opposition falls within any of 11 
 the following circumstances, the Trademark Office shall not accept the application 
and shall notify the applicant in writing and give the reasons:  
    (1) the application is not filed within the statutory time limit;  
    (2) the qualification of the applicant or the grounds of the opposition are not in 
compliance with Article 33 of the Trademark Law;  
    (3) the grounds, facts and legal basis of the opposition are not explicit; or  
    (4) the application for opposition is filed by the same opponent  once again 
against the same trademark on the same grounds, facts and legal basis.  
    Article 27   The Tradem ark Office shall promptly send the duplicate copy of the 
opposition materials to the opposed party, who shall be required to respond within 30 
days from the date of receipt of the duplicate copy of the opposition materials. Where 
the opposed party fails to  make a response, the making of a decision by the 
Trademark Office shall not be affected.  
    Where a party needs to supplement related evidence after filing an application 
for opposition or after making a response, a statement shall be made in the 
Applica tion for Trademark Opposition or in the response, and the evidence shall be 
submitted within 3 months from the date on which the application is filed or the 
response is made; where no evidence is submitted at the expiration of the time limit, 
the party sha ll be considered giving up making supplements to related evidence. 
However, where evidence accrued after the expiration of the time limit or a party 
failed to submit the evidence within the time limit for other justifiable reasons, and 
when such evidence i s submitted after the expiration of the time limit, the Trademark 
Office shall send the evidence to the other party and may accept it after 
cross -examination.  
    Article 28   A decision to disapprove the registration of a trademark provided in 
the third pa ragraph of Article 35 and the first paragraph of Article 36 of the 
Trademark Law shall include a decision to disapprove the registration of a trademark 
on certain designated goods.  
    Where a trademark is under opposition but a publication of its registra tion has 
already been made prior to the decision of the Trademark Office to approve or 12 
 disapprove its registration, the publication of registration shall be cancelled. Where 
the opposition is not justified after examination and the registration of the trad emark 
has been approved, the trademark shall be republished after the entry into force of the 
decision to approve its registration.  
    Article 29   Where a trademark applicant or a trademark registrant applies for 
correction in accordance with Article 38 o f the Trademark Law, an Application for 
Correction shall be filed with the Trademark Office. Where the application satisfies 
the conditions as required, the Trademark Office shall approve the application and 
correct the corresponding content; where the app lication fails to satisfy the conditions 
as required, the Trademark Office shall not approve the application, and shall notify 
the applicant in writing and give the reasons.  
    Where there is any correction in respect of a trademark after a publication of  
preliminary approval granted to the trademark or a publication of its registration has 
already been made, a publication of the correction shall be made.  
 
Chapter IV  Modification, Assignment and Renewal of Registered Trademarks  
 
    Article 30   Where the name or address of a trademark registrant or any other 
registration item is modified, an Application for Modification shall be filed with the 
Trademark Office. Where the name of a trademark registrant is modified, the 
modification certification document is sued by the relevant registration authority shall 
be also submitted. The Trademark Office shall, upon approval, issue a corresponding 
certification to the trademark registrant and publish the modification; where the 
application is not approved, the Tradema rk Office shall notify the applicant for 
modification in writing and give the reasons.  
    Where the name or address of a trademark registrant is modified, the trademark 
registrant shall make the modification in respect of all his registered trademarks in a 
lump; where the modification is not made in a lump, the Trademark Office shall notify 
the trademark registrant to make corrections within a specified time limit; where no 
corrections are made at the expiration of the time limit, the application for 13 
 modif ication shall be considered abandoned, and the Trademark Office shall notify 
the applicant for modification in writing.  
    Article 31   Where a registered trademark is assigned, both the assignor and the 
assignee shall jointly file an Application for Assig nment of the Registered Trademark 
to the Trademark Office. The assignor and the assignee shall jointly go through the 
formalities for the application for assignment of the registered trademark. The 
Trademark Office shall, upon approval of the application f or assignment of the 
registered trademark, issue a corresponding certification to the assignee and publish 
the assignment.  
    Where a registered trademark is assigned and the trademark registrant does not 
assign in a lump all his trademarks that are ident ical or similar to each other in respect 
of the same or similar goods, the Trademark Office shall notify the trademark 
registrant to make corrections within a specified time limit; where no corrections are 
made at the expiration of the time limit, the appl ication for assignment of the 
registered trademark shall be considered abandoned, and the Trademark Office shall 
notify the applicants for assignment in writing.  
    Article 32   Where the exclusive right to use a registered trademark is 
transferred due to inheritance or reasons other than assignment, the party who accepts 
the exclusive right to use the registered trademark shall, by virtue of the relevant 
certification documents or legal instruments, go through the formalities for the 
transfer of the exclus ive right to use the registered trademark with the Trademark 
Office.  
    Where the exclusive right to use a registered trademark is transferred, all of the 
right holder’s trademarks that are identical or similar to each other in respect of the 
same or simi lar goods shall be transferred in a lump; where all the trademarks are not 
transferred in a lump, the Trademark Office shall notify the transferee to make 
corrections within a specified time limit; where no corrections are made at the 
expiration of the tim e limit, the application for transfer of the registered trademark 
shall be considered abandoned, and the Trademark Office shall notify the applicant for 
the transfer in writing.  14 
     The transfer of a trademark shall be published upon the approval of the 
application for the transfer. The party who accepts the transfer of the exclusive right to 
use the registered trademark shall enjoy the exclusive right to use the trademark from 
the date of publication.  
    Article 33   Where a registered trademark needs to b e renewed, an Application 
for Renewal of the Registered Trademark shall be filed with the Trademark Office. 
The Trademark Office shall, upon approval of the application for renewal of the 
registered trademark, issue a corresponding certification and publis h the renewal.  
 
Chapter V  International Registration of Trademarks  
 
    Article 34   The international registration of trademarks in Article 21 of the 
Trademark Law means the Madrid international registration of trademarks filed under 
the provisions of the  Madrid Agreement Concerning the International Registration of 
Marks (hereinafter referred to as the Madrid Agreement), the Protocol Relating to the 
Madrid Agreement Concerning the International Registration of Marks (hereinafter 
referred to as the Madrid Protocol) and the Common Regulations under the Madrid 
Agreement Concerning the International Registration of Marks and the Protocol 
Relating to that Agreement.  
    Applications for the Madrid international registration of trademarks include the 
application s for international registration of trademarks with the People’s Republic of 
China being the country of origin, the applications designating territorial extensions to 
the People’s Republic of China, and other relevant applications.  
    Article 35   Where an  international registration of a trademark with the People’s 
Republic of China being the country of origin is applied for, the applicant shall have a 
real and effective industrial or commercial establishment in the People’s Republic of 
China, or be domicil ed in the People’s Republic of China, or be a Chinese national.  
    Article 36   Where an applicant eligible as prescribed in Article 35 of these 
Regulations has registered his trademark in the Trademark Office, he may apply for 
international registration o f the trademark under the Madrid Agreement.  15 
     Where an applicant eligible as prescribed  in Article 35 of these Regulations has 
registered his trademark in the Trademark Office, or has already filed an application 
for trademark registration which is accep ted by the Trademark Office, he may apply 
for international registration of the trademark under the Madrid Protocol.  
    Article 37   Where an international registration of a trademark with the People’s 
Republic of China being the country of origin is appli ed for, the application shall be 
filed through the intermediary of the Trademark Office to the International Bureau of 
the World Intellectual Property Organization (hereinafter referred to as the 
International Bureau).  
    An application with the People’s Republic of China being the country of origin in 
respect of subsequent designation, renunciation, or cancellation of the international 
registration of a trademark under the Madrid Agreement shall be filed through the 
intermediary of the Trademark Office to  the International Bureau; where any 
assignment, limitation, modification or renewal of a registered international trademark 
under the Madrid Agreement is applied for, the application may be filed through the 
intermediary of the Trademark Office to the Int ernational Bureau or directly to the 
International Bureau.  
    An application with the People’s Republic of China being the country of origin in 
respect of subsequent designation, assignment, limitation, renunciation, cancellation, 
modification or renewal of the international registration of a trademark under the 
Madrid Protocol may be filed through the intermediary of the Trademark Office to the 
International Bureau or directly to the International Bureau.  
    Article 38   Where a party files an application  for international registration of a 
trademark or other relevant applications through the intermediary of the Trademark 
Office to the International Bureau, he shall submit application forms and relevant 
materials in compliance with the requirements of both  the International Bureau and 
the Trademark Office.  
    Article 39   The goods or services designated in an application for international 
registration of a trademark shall not go beyond the scope of the goods or services as 
covered in its national basic app lication or basic registration.  16 
     Article 40   Where the application formalities for international registration of a 
trademark are not completed, or the application documents are not filled in as required, 
the Trademark Office shall not accept it and its filing date shall not be reserved.  
    Where the application formalities are basically completed or the application 
documents are basically in compliance with the provisions, but supplements or 
amendments are necessary, the applicant shall make supplements  or amendments 
within 30 days from the date of receipt of the Notification of Supplements or 
Amendments. Where no supplements or amendments are made at the expiration of the 
specified time limit, the Trademark Office shall not accept it and shall notify th e 
applicant in writing.  
    Article 41   Where a party files an application for international registration of a 
trademark or other relevant applications through the intermediary of the Trademark 
Office to the International Bureau, he shall pay fees in accor dance with the provisions.  
    The applicant shall pay fees to the Trademark Office within 15 days from the 
date of receipt of the Notification of Payment of Fees issued by the Trademark Office. 
Where no fees are paid at the expiration of the time limit, t he Trademark Office shall 
not accept the application and shall notify the applicant in writing.  
    Article 42   The Trademark Office shall, within the period of refusal prescribed 
by the Madrid Agreement and the Madrid Protocol (hereinafter referred to as the 
period of refusal), make a decision after examining an application designating 
territorial extension to the People’s Republic of China in accordance with the relevant 
provisions of the Trademark Law and these Regulations, and notify the International 
Bureau of the decision. Where neither refusal nor partial refusal is notified by the 
Trademark Office within the period of refusal, the application designating territorial 
extension shall be considered as approved.  
    Article 43   When applying for a territ orial extension to the People’s Republic of 
China and requesting the protection of a three -dimensional sign, a combination of 
colors or sound as a trademark, or the protection of a collective mark or a certification 
mark, the applicant shall submit the mat erials required by Article 13 of these 
Regulations through a trademark agency established in accordance with law to the 17 
 Trademark Office, within 3 months from the date on which the trademark is recorded 
in the International Register at the International Bu reau. Where no relevant materials 
are submitted within the said time limit, the Trademark Office shall refuse the 
application for territorial extension.  
    Article 44   The World Intellectual Property Organization publishes any 
information in relation to t he international registration of trademarks, and the 
Trademark Office shall make no other publication.  
    Article 45   An opponent who is in compliance with Article 33 of the 
Trademark Law may file an opposition to the Trademark Office against an applicati on 
designating territorial extension to the People’s Republic of China within 3 months 
from the first day of the next month following the publication of the Gazette of 
International Marks by the World Intellectual Property Organization.  
    The Trademark O ffice shall notify the International Bureau of the opposition in 
the form of provisional refusal within the period of refusal.  
    The opposed party may respond within 30 days from the date of receipt of the 
Notification of Provisional Refusal transmitted by the International Bureau, and the 
response and related evidence shall be submitted to the Trademark Office through a 
trademark agency established in accordance with law.  
    Article 46   The period of validity of an international registration of a tradem ark 
protected in the People’s Republic of China shall be counted from the date of 
international registration or the date of subsequent designation. The registrant may file 
an application for renewal to the International Bureau before the expiration of the 
period of validity. Where an application for renewal is not filed within the period of 
validity, a grace period of 6 months may be granted. The Trademark Office shall make 
an examination in accordance with law upon receipt of the Notification of Renewal 
from the International Bureau. The international registration of the trademark shall be 
cancelled where the Notification of Non -renewal is issued by the International 
Bureau.  
    Article 47   Where an application designating territorial extension to the 
Peopl e’s Republic of China is assigned, the assignee shall have a real and effective 18 
 industrial or commercial establishment, or be domiciled, in the territory of a 
contracting party, or be a national of a contracting party.  
    Where the assignor does not assig n in a lump all his trademarks that are identical 
or similar to each other in respect of the same or similar goods or services, the 
Trademark Office shall notify the registrant to make corrections within 3 months from 
the date of the sending out of the not ification; where no corrections are made at the 
expiration of the time limit, or where the assignment is liable to cause confusion or 
have other adverse effects, the Trademark Office shall decide that the assignment has 
no effect in the People’s Republic o f China and shall make a declaration to the 
International Bureau.  
    Article 48   Where an application designating territorial extension to the 
People’s Republic of China is filed for a limitation of the list of goods and/or services, 
and the goods or serv ices after the limitation are not in compliance with the 
requirements of the classification of goods and services in the People’s Republic of 
China, or exceed the original scope of designated goods or services, the Trademark 
Office shall decide that the li mitation has no effect in the People’s Republic of China 
and shall make a declaration to the International Bureau.  
    Article 49   An application to cancel an international registration of a trademark 
as prescribed in the second paragraph of Article 49 of the Trademark Law shall be 
filed with the Trademark Office 3 years after the date of expiration of the period of 
refusal of the application for international registration of the trademark; where the 
international registration of the trademark is still unde r review against a refusal or 
under opposition at the expiration of the period of refusal, the application for 
cancellation shall be filed with the Trademark Office 3 years after the date of the entry 
into force of the decision to approve the registration made by the Trademark Office or 
the Trademark Review and Adjudication Board.  
    An application to declare the invalidation of an international registration of a 
trademark as prescribed in the first paragraph of Article 44 of the Trademark Law 
shall be fil ed with the Trademark Review and Adjudication Board at the expiration of 
the period of refusal of the application for international registration of the trademark; 19 
 where the international registration of the trademark is still under review against a 
refusal  or under opposition at the expiration of the period of refusal, the application to 
declare the invalidation shall be filed with the Trademark Review and Adjudication 
Board after the entry into force of the decision to approve the registration made by the 
Trademark Office or the Trademark Review and Adjudication Board.  
    An application to declare the invalidation of an international registration of a 
trademark as prescribed in the first paragraph of Article 45 of the Trademark Law 
shall be filed with the Trademark Review and Adjudication Board within 5 years from 
the date of expiration of the period of refusal of the application for international 
registration of the trademark; where the international registration of the trademark is 
still under review agai nst a refusal or under opposition at the expiration of the period 
of refusal, the application to declare the invalidation shall be filed with the Trademark 
Review and Adjudication Board within 5 years from the date of the entry into force of 
the decision t o approve the registration made by the Trademark Office or the 
Trademark Review and Adjudication Board. Where a registration is obtained in bad 
faith, the owner of a well -known trademark shall not be bound by this 5 -year time 
limit.  
    Article 50   The fol lowing provisions of the Trademark Law and these 
Regulations shall not apply to matters concerning international registration of 
trademarks:  
    (1) the provisions on the time limit for examination and review in Article 28 and 
the first paragraph of Articl e 35 of the Trademark Law;  
    (2) Article 22 and the second paragraph of Article 30 of these Regulations; and  
    (3) the provisions that the assignor and the assignee shall jointly file an 
application and go through the formalities for assignment of a tr ademark, as 
prescribed in Article 42 of the Trademark Law and Article 31 of these Regulations.  
 
Chapter VI  Review and Adjudication of Trademarks  
 
    Article 51   Trademark review and adjudication means that the Trademark 20 
 Review and Adjudication Board revi ews relevant trademark dispute cases in 
accordance with the provisions of Articles 34, 35, 44, 45 and 54 of the Trademark 
Law. Where a party files an application for trademark review to the Trademark 
Review and Adjudication Board, he shall indicate explici t requests, facts, grounds and 
legal basis, and shall submit relevant evidence.  
    The Trademark Review and Adjudication Board shall, on the basis of facts, 
conduct review in accordance with law.  
    Article 52   When reviewing a case filed against a decis ion made by the 
Trademark Office to refuse an application for trademark registration, the Trademark 
Review and Adjudication Board shall review the refusal decision made by the 
Trademark Office, as well as the facts, grounds and requests filed by the applic ant in 
the review application and the factual status when the review is conducted.  
    Where, in reviewing a case filed against a decision made by the Trademark 
Office to refuse an application for trademark  registration, the Trademark Review and 
Adjudicati on Board finds that the trademark which is the subject of the application for 
trademark registration is in violation of the provisions of Article 10, Article 11, Article 
12, or the first paragraph of Article 16 of the Trademark Law, and that the Trademark 
Office has not made the refusal decision in accordance with such provisions, the 
Trademark Review and Adjudication Board may make a decision after review to 
refuse the application in accordance with such provisions. The Trademark Review and 
Adjudication Bo ard shall invite the opinions of the trademark applicant prior to 
making the review decision.  
    Article 53   When reviewing a case filed against a decision made by the 
Trademark Office to disapprove the registration of a trademark, the Trademark 
Review an d Adjudication Board shall review the decision made by the Trademark 
Office to disapprove registration, as well as the facts, grounds and requests filed by 
the applicant in the review application and the opinions raised by the opponent.  
    When reviewing a case filed against a decision made by the Trademark Office to 
disapprove the registration of a trademark, the Trademark Review and Adjudication 
Board shall notify the opponent to participate in the review of the case and raise his 21 
 opinions. Where the opi nions of the opponent have a substantive impact on the result 
of the case, such opinions may be admitted as bases for the decision of the review; 
where the opponent fails to participate in the review of the case or raise his opinions, 
the review of the cas e shall not be affected.  
    Article 54   When reviewing a case filed to declare the invalidation of a 
registered trademark in accordance with the provisions of Article 44 or 45 of the 
Trademark Law, the Trademark Review and Adjudication Board shall review the facts, 
grounds and requests filed or responded by the parties.  
    Article 55   When reviewing a case filed against a decision made by the 
Trademark Office to declare the invalidation of a registered trademark in accordance 
with the provisions of the fi rst paragraph of Article 44 of the Trademark Law, the 
Trademark Review and Adjudication Board shall review the decision made by the 
Trademark Office and the facts, grounds and requests filed by the applicant in the 
review application.  
    Article 56   When reviewing a case filed against a decision made by the 
Trademark Office to cancel or maintain the registration of a trademark in accordance 
with the provisions of Article 49 of the Trademark Law, the Trademark Review and 
Adjudication Board shall review the decision made by the Trademark Office to cancel 
or maintain the registration of the trademark and the facts, grounds and requests filed 
by the party in the review application.  
    Article 57   When applying for trademark review, the applicant shall file an 
application to the Trademark Review and Adjudication Board, and submit duplicate 
copies of the application according to the number of persons in the other party; where 
an application for review is filed on the basis of a decision made by the Trademark 
Office, the duplicate copies of the decision shall also be attached.  
    Where, after receipt of an application, the Trademark Review and Adjudication 
Board, after examination, finds that the application meets the requirements for 
acceptance, it shall accept t he application; where the application fails to meet the 
requirements for acceptance, it shall not accept the application, and shall notify the 
applicant in writing and give the reasons; where supplements or amendments are 22 
 necessary for the application, the  applicant shall be notified of the supplements or 
amendments to be made within 30 days from the date of receipt of the notification. 
Where the application still fails to comply with the provisions after supplements or 
amendments, the Trademark Review and Adjudication Board shall not accept the 
application, and shall notify the applicant in writing and give the reasons; where no 
supplements or amendments are made at the expiration of the specified time limit, the 
application shall be considered withdrawn an d the Trademark Review and 
Adjudication Board shall notify the applicant in writing.  
    Where, after an application for review is accepted, the Trademark Review and 
Adjudication Board finds that the application does not satisfy the requirements for 
accept ance, it shall refuse the application, notify the applicant in writing and give the 
reasons.  
    Article 58   The Trademark Review and Adjudication Board shall, upon 
acceptance of an application for trademark review, send promptly a duplicate copy of 
the ap plication to the other party, requiring him to respond within 30 days from the 
date of receipt of such copy; where no response is made at the expiration of the time 
limit, the review of the case by the Trademark Review and Adjudication Board shall 
not be a ffected.  
    Article 59   Where a party needs to supplement related evidence after filing an 
application for review or after making a response, a statement shall be made in the 
application or in the response, and the evidence shall be submitted within 3 mon ths 
from the date on which the application is filed or the response is made; where no 
evidence is submitted at the expiration of the time limit, the party shall be considered 
giving up making supplements to related evidence. However, where evidence accrued  
after the expiration of the time limit or a party failed to submit the evidence within the 
time limit for other justifiable reasons, and when such evidence is submitted after the 
expiration of the time limit, the Trademark Review and Adjudication Board sh all send 
the evidence to the other party and may accept it after cross -examination.  
    Article 60   The Trademark Review and Adjudication Board may, at the request 
of a party or on the basis of practical needs, decide to hold an oral hearing in respect 23 
 of an application for review.  
    Where the Trademark Review and Adjudication Board decides to hold an oral 
hearing in respect of an application for review, it shall notify in writing, 15 days prior 
to the oral hearing, the parties of the date, place and revi ew officers of the oral hearing 
to be held. The parties shall respond within the time limit specified in the notification.  
    Where the applicant for review  neither responds nor participates in the oral 
hearing, his application for review shall be conside red withdrawn, and the Trademark 
Review and Adjudication Board shall notify the applicant for review in writing; where 
the other party neither responds nor participates in the oral hearing, the Trademark 
Review and Adjudication Board may review the applica tion by default.  
    Article 61   An applicant may, before the Trademark Review and Adjudication 
Board makes a decision or ruling, request the withdrawal of his application for review 
in writing to the Trademark Review and Adjudication Board and state the r easons. 
Where the Trademark Review and Adjudication Board deems that the application may 
be withdrawn, the review proceedings shall be terminated.  
    Article 62   Where an application for trademark review is withdrawn, the 
applicant shall not file an appli cation for review of the trademark again on the basis of 
the same facts and grounds. Where the Trademark Review and Adjudication Board 
has already made a ruling or decision on an application for trademark review, no 
person shall file an application for rev iew again on the basis of the same facts and 
grounds, with the exception of an application filed with the Trademark Review and 
Adjudication Board to declare the invalidation of a registered trademark, the 
registration of which has been approved in the revi ew proceedings against a decision 
to disapprove its registration.  
 
Chapter VII  Administration of Use of Trademarks  
 
    Article 63   When putting a registered trademark in use, such words as 
“registered trademark” or a registration logo may be indicated on  the goods, packages, 
manuals or other attachments.  24 
     The registration logos include 
  and ®, which shall be indicated on the upper 
or lower right -hand corner of the trademark when used.  
    Article 64   Where a Trademark Registration Certificate is lost or damaged, an 
application for reissuance of the Trademark Registration Certificate shall be filed with 
the Trademark Office. Where a Trademark Registration Certificate is lost, a statement 
of loss shall be published in the Trademark Gazette. A damaged Tra demark 
Registration Certificate shall be returned to the Trademark Office when the 
application for reissuance is filed.  
    Where a trademark registrant needs the reissuance of a certification on 
modification, assignment or renewal of a trademark, or the i ssuance of a certification 
on the registration of a trademark, or where a trademark applicant needs the issuance 
of documents verifying a right of priority by the Trademark Office, he shall file a 
corresponding application with the Trademark Office. Where the application is in 
compliance with the requirements, the Trademark Office shall issue corresponding 
certifications; otherwise, the Trademark Office shall not process the application, and 
shall notify the applicant, stating the reasons.  
    Whoever forge s or alters a Trademark Registration Certificate or other trademark 
certifications shall be investigated for criminal liability in accordance with the 
provisions of the Criminal Law on the crime of forging or altering certificates of State 
organs or on oth er crimes.  
    Article 65   Where a registered trademark falls under the circumstances 
prescribed in Article 49 of the Trademark Law and has become the generic name of 
the goods on which its use is approved, any organization or individual may apply to 
the T rademark Office for cancellation of the registered trademark, and evidence shall 
be attached when the application is filed. Upon acceptance of the application, the 
Trademark Office shall notify the trademark registrant, requiring him to respond 
within 2 mo nths from the date of receipt of the notification; where no response is 
made at the expiration of the time limit, the making of a decision by the Trademark 
Office shall not be affected.  
    Article 66   Where a registered trademark falls under the circumsta nces 25 
 prescribed in Article 49 of the Trademark Law and has not been in use for 3 
consecutive years without a justifiable reason, any organization or individual may 
apply to the Trademark Office for cancellation of the registered trademark, and the 
relevant  facts shall be stated when the application is filed. Upon acceptance of the 
application, the Trademark Office shall notify the trademark registrant, requiring him 
to provide evidence proving the use of the trademark prior to the filing of the 
application for cancellation, or explain the justifiable reason for its non -use, within 2 
months from the date of receipt of the notification; where no evidence of use is 
provided at the expiration of the time limit, or the evidence provided is invalid and 
there is no  justifiable reason for its non -use, the Trademark Office shall cancel the 
registered trademark.  
    The evidence proving the use of a registered trademark referred to in the 
preceding paragraph includes that of use of the trademark by the trademark regist rant 
and that of use of the trademark by others under the license of the trademark 
registrant.  
    For an application for cancellation of a registered trademark on the grounds of 
non-use for 3 consecutive years without a justifiable reason, it shall be fil ed 3 years 
after the date of the publication of the registration of the registered trademark.  
    Article 67   The following circumstances shall be considered as justifiable 
reasons prescribed in Article 49 of the Trademark Law:  
    (1) force majeure;  
    (2) restrictions imposed by government policy;  
    (3) bankruptcy liquidation; and  
    (4) other justifiable reasons not attributable to the trademark registrant.  
    Article 68   Where the Trademark Office or the Trademark Review and 
Adjudication Board is t o cancel or declare invalid a registered trademark, and where 
the grounds for cancellation or declaration of invalidation involve only certain 
designated goods, the Trademark Office or the Trademark Review and Adjudication 
Board shall cancel or declare inv alid the registration of the trademark used only on 
certain designated goods.  26 
     Article 69   Where a licensor authorizes other persons to use his registered 
trademark, he shall, within the term of validity of the license contract, apply to the 
Trademark O ffice for recordation, with materials attached. The materials shall indicate 
the licensor and licensee of the registered trademark, the period of the license, and the 
scope of goods or services covered under the license.  
    Article 70   Where the exclusive  right to use a registered trademark is pledged, 
the pledgor and the pledgee shall sign a written pledge contract, and jointly apply for 
the recordation of the pledge to the Trademark Office, which shall make a publication 
of the pledge.  
    Article 71   Where a person violates the second paragraph of Article 43 of the 
Trademark Law, the administrative department for industry and commerce shall order 
him to make corrections within a specified time limit; where no corrections are made 
within the time limit, t he person shall be ordered to stop the sale, and where the 
person refuses to stop the sale, he shall be fined not more than 100,000 yuan.  
    Article 72   Where a trademark holder requests the protection of his trademark 
as a well -known trademark in accorda nce with Article 13 of the Trademark Law, he 
may submit a request to the administrative department for industry and commerce. 
Once the trademark is determined as a well -known trademark by the Trademark 
Office in accordance with Article 14 of the Trademark Law, the administrative 
department for industry and commerce shall order the infringer to stop using the 
trademark in violation of Article 13 of the Trademark Law, and confiscate and destroy 
the trademark representations used illegally; where it is difficu lt to separate the 
trademark representations from the goods involved, they shall be confiscated and 
destroyed together.  
    Article 73   Where a trademark registrant applies for the surrender of his 
registered trademark, or of his trademark registration on certain designated goods, he 
shall file an Application for the Surrender of the Trademark to the Trademark Office, 
and return the original Trademark Registration Certificate.  
    Where a trademark registrant applies for the surrender of his registered 
trademark, or of his trademark registration on certain designated goods, and where the 27 
 surrender is approved by the Trademark Office, the exclusive right to use the 
registered trademark or the effect of the exclusive right to use the registered trademark 
on th e designated goods shall be terminated from the date on which the Trademark 
Office receives the application for surrender.  
    Article 74   Where a registered trademark is cancelled, or is surrendered in 
accordance with Article 73 of these Regulations, the original Trademark Registration 
Certificate shall be nullified and a publication shall be made; where the registration of 
a trademark on certain designated goods is cancelled or a trademark registrant applies 
for the surrender of his trademark registration  on certain designated goods, a new 
Trademark Registration Certificate shall be issued and a publication shall be made.  
 
Chapter VIII  Protection of the Exclusive Right to Use a Registered Trademark  
 
    Article 75   An act of providing such facilities as s torage, transport, mailing, 
printing, concealing, business premises, or an online goods trading platform for 
infringing upon another person’s exclusive right to use a registered trademark 
constitutes an act of providing convenience prescribed in subparagra ph (6) of Article 
57 of the Trademark Law.  
    Article 76   The use of a sign which is identical or similar to another person’s 
registered trademark on the same or similar goods as the name or decoration of the 
goods, thus misleading the public, constitutes  an infringement upon the exclusive 
right to use a registered trademark prescribed in subparagraph (2) of Article 57 of the 
Trademark Law.  
    Article 77   In the case of an infringement upon the exclusive right to use a 
registered trademark, any person may  lodge a complaint with or report to the 
administrative department for industry and commerce.  
    Article 78   The following factors may be taken into consideration when 
calculating the illegal business revenue prescribed in Article 60 of the Trademark 
Law:  
    (1) the selling price of the infringing goods;  28 
     (2) the marked price of the unsold infringing goods;  
    (3) the ascertained average price of the infringing goods already sold;  
    (4) the median market price of the infringed goods;  
    (5) the bus iness income of the infringing party generated by the infringement; 
and 
    (6) other factors that could reasonably serve to calculate the value of the 
infringing goods.  
    Article 79   The following circumstances shall be considered as being able to 
prove  that the goods are obtained by legitimate means prescribed in Article 60 of the 
Trademark Law:  
    (1) having the supply list and payment receipt bearing the legitimate signature 
and seal of the supplier, which are verified as true or recognized by the su pplier;  
    (2) having the purchase contract signed by both the supplier and the seller, which 
is verified as having been truly implemented;  
    (3) having the legitimate purchase invoice, on which the items indicated are 
corresponding to the goods in ques tion; or  
    (4) other circumstances which could prove that the goods have been legitimately 
obtained.  
    Article 80   Where a person sells goods infringing upon the exclusive right to 
use a registered trademark without the knowledge of the infringing natu re of such 
goods, and is able to prove that the goods are obtained by legitimate means and 
provide information on the supplier of the goods, the administrative department for 
industry and commerce shall order him to stop the sale, and shall notify the 
information of the case to the administrative department for industry and commerce of 
the place where the supplier of the infringing goods is located.  
    Article 81   Where the ownership of a registered trademark in question is 
subject to the examination of th e Trademark Office, or the review of the Trademark 
Review and Adjudication Board, or the trial of the people’s court, and where the 
outcome arising therefrom may affect the determination of a case, it shall be 
considered as the ownership of a trademark in dispute prescribed in the third 29 
 paragraph of Article 62 of the Trademark Law.  
    Article 82   During the investigation and handling of a trademark infringement 
case, the administrative department for industry and commerce may require the right 
owner to ide ntify whether the goods involved in the case are produced by the right 
owner or under his licensing.  
 
Chapter IX  Trademark Agency  
 
    Article 83   Trademark agency services in the Trademark Law mean the 
handling of application for trademark registration, trademark review or other 
trademark matters entrusted by and in the name of a client.  
    Article 84   Trademark agencies in the Trademark Law include agencies 
engaging in trademark agency services registered at the administrative department for 
industry an d commerce and law firms engaging in trademark agency services.  
    For a trademark agency providing trademark agency services on trademark 
matters that are administered by the Trademark Office or the Trademark Review and 
Adjudication Board, it shall apply  to the Trademark Office for recordation in 
accordance with the following provisions:  
    (1) submitting for verification the registration certification document issued by 
the administrative department for industry and commerce or the certification 
documen t proving approval of the establishment of the law firm issued by the 
administrative department of justice, with the photocopies of the documents kept for 
records;  
    (2) submitting the basic information of the trademark agency including the name, 
address , responsible person and contact information; and  
    (3) submitting the list of trademark agents and their contact information.  
    The administrative department for industry and commerce shall establish credit 
files for trademark agencies. Where an agenc y violates the provisions of the 
Trademark Law or these Regulations, the Trademark Office or the Trademark Review 
and Adjudication Board shall make the case known to the public, and keep a record in 30 
 its credit file.  
    Article 85   Trademark agents in the Trademark Law mean the personnel 
engaging in trademark agency services in trademark agencies.  
    A trademark agent shall not accept the entrustment of a client in his own name.  
    Article 86   The application documents submitted by a trademark agency to t he 
Trademark Office or the Trademark Review and Adjudication Board shall be sealed 
by the trademark agency and signed by the relevant trademark agent.  
    Article 87   Where a trademark agency applies for registration of a trademark, 
or for assignment of a trademark as the assignee, on goods or other services than its 
agency services, the Trademark Office shall not accept the application.  
    Article 88   Any of the following acts constitutes an act of disturbing the order 
of the trademark agency market by ot her improper means prescribed in subparagraph 
(2) of the first paragraph of Article 68 of the Trademark Law:  
    (1) soliciting business by means of fraud, false advertising, misleading, or 
commercial bribery;  
    (2) concealing facts, providing false evid ence, or threatening or inducing others 
to conceal facts or provide false evidence; or  
    (3) accepting the entrustments of both parties who have conflict of interests in 
the same trademark case.  
    Article 89   Where a trademark agency commits an act pre scribed in Article 68 
of the Trademark Law, the administrative department for industry and commerce at or 
above the county level of a place where the agency is located or the illegal act 
happens shall investigate and handle the case and notify the Trademar k Office of the 
result.  
    Article 90   Where the Trademark Office or the Trademark Review and 
Adjudication Board stops the acceptance of the trademark matters submitted through a 
trademark agency as prescribed in Article 68 of the Trademark Law, it may ma ke a 
decision to stop the acceptance of the trademark matters submitted through the 
trademark agency for at least 6 months and up to even perpetuity. Upon the expiration 
of the period of non -acceptance, the Trademark Office or the Trademark Review and 31 
 Adju dication Board shall resume the acceptance.  
    The decisions made by the Trademark Office or the Trademark Review and 
Adjudication Board to stop or resume the acceptance of the trademark matters 
submitted th rough an agency shall be published on its websit e. 
    Article 91   The administrative department for industry and commerce shall 
provide strict supervision and guidance to trademark agency industry organizations.  
 
Chapter X  Supplementary Provisions  
 
    Article 92   A service mark continuously in use un til July 1, 1993, which is 
identical or similar to any service mark registered by another person on the same or 
similar services, may continue to be used; however, if such use is suspended for a 
period of 3 years or more after July 1, 1993, it shall not be  used any longer.  
    Where a trademark has been in continuous use until the date on which the goods 
or services are newly open for registration by the Trademark Office for the first time, 
and is identical or similar to any trademark registered by another person on the same 
or similar goods or services which are newly open for registration, it may continue to 
be used; however, if such use is suspended for a period of 3 years or more after the 
date on which it is accepted for the first time, it shall not be used any longer.  
    Article 93   The Classification of Goods and Services for the registration of 
trademarks shall be formulated and promulgated by the Trademark Office.  
    The formats of the documents for applying for trademark registration or for other 
trademark matters shall be formulated and promulgated by the Trademark Office and 
the Trademark Review and Adjudication Board.  
    The review rules of the Trademark Review and Adjudication Board shall be 
formulated and promulgated by the administrative dep artment for industry and 
commerce of the State Council.  
    Article 94   The Trademark Office shall establish and keep a Trademark 
Register recording registered trademarks and relevant registration items.  
    Article 95   The Trademark Registration Certifica te and relevant certifications 32 
 are proofs that a right owner enjoys the exclusive right to use a registered trademark. 
The registration items recorded in the Trademark Registration Certificate shall be in 
conformity with those in the Trademark Register; wh ere any discrepancy occurs, the 
Trademark Register shall prevail, unless there is clear evidence proving that the 
information recorded in the Trademark Register is in error.  
    Article 96   The Trademark Office shall issue the Trademark Gazette publishing 
trademark registration and other relevant items.  
    The Trademark Gazette is published in paper or in electronic format.  
    Except for service by means of publication, the content of a publication shall be 
considered as already known or ought to be known  by the public as of the date of the 
publication.  
    Article 97   Fees shall be paid for applying for trademark registration or for 
other trademark matters. The items and standards for collecting the fees shall be 
respectively formulated by the finance dep artment and the competent pricing 
department of the State Council.  
    Article 98   These Regulations shall be effective as of May 1, 2014.