（Translation for Reference Only）

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 Council of the People's Republie 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 referred 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 investigation, 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.

Where 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 membership 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 prohibit such use.

Article 5 Where a party entrusts a trademark agency with the application for trademark registration or other trademark matters, a Power of Attormey shall be submitted. A Power of Attorney shall state the contents and the scope of competence; 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 shall 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 Chinese 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 Board 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 Chinese language shall be used in the application for trademark registration or other trademark matters.

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 circumstances, 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 agent;

(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.

Article 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 materials 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 date 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 enterprises 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 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 materials 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 prevail; 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 document 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 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 party;

(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 for 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 limits 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 expiration 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 time 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

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 trademark 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 shall 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 in 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 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 identity. 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 the 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 terms 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 filed 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.

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 documents 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 fees 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 Trademark 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 amendments 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 acceptance 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 their own and submit a written agreement to the Trademark Office; where the applicants 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 others 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 fails 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 time 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 Registration

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 that 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 registration 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 another application. For the divided application, the filing date of the original application shall be reserved.

Where an applicant applies to divide an application, he shall file an application for division to the Trademark Ofice within 15 days from the date 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 separate 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.

Article 24 Where filing an opposition against a trademark which has been preliminarily approved and published by the Trademark Ofice, the opponent shall submit in duplicate the following opposition materials to the Trademark Office, and shall make an indication 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 Opposition 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 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 Trademark 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 Application 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 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 Ofice 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 paragraph 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 registration has already been made prior to the decision of the Trademark Office to approve or disapprove its registration, the publication of registration shall be cancelled. Where the opposition is not justified after examination and the registration of the trademark 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 of 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 application 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 issued 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 Trademark 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 modification 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 Assignment 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 for 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 identical 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 application 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 exclusive 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 similar 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 time 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.

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 be 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 publish 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 applications 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 domiciled 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 of the trademark under the Madrid Agreement.

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 accepted 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 Republie of China being the country of origin is applied 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 International 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 application or basic registration.

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 the applicant in writing.