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 accordance with the provisions.

The applicant shall pay fees to the Trademark Ofice 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, the 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 territorial 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 materials required by Article 13 of these Regulations through a trademark agency established in accordance with law to the Trademark Office, within 3 months from the date on which the trademark is recorded in the International Register at the International Bureau. 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 the 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 application 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 Office 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 intermational registration of a trademark 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 Intemational 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 People's Republic of China is assigned, the assignee shall have a real and effective 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 assign 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 notification; 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 of 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 services after the limitation are not in compliance with the requirements of the elassification 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 limitation 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 under 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 filed with the Trademark Review and Adjudication Board at the 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 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 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 within 5 years from 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. 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 following 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 Article 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 trademark, 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 Review and Adjudication Board reviews 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 explicit 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 decision 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 applicant 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 Adjudication 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 1l, Article 12, or the first paragraph of Article 16 of the Trademark Law, and that the Trademark Ofice 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 Board 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 and 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 opinions. Where the opinions 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 case 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 first 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 the 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 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 and 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 acceptance, 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 application 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 affected.

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 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 Review and Adjudication Board shall 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 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 review 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 considered 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 application 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 reasons. 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 application 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 review 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 review 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.

The registration logos include 注 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 Trademark 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 issuance 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 Ofice. 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 forges 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 other 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 Trademark Office for cancellation of the registered trademark, and evidence shall be attached when the application is filed. Upon acceptance of the application, the Trademark Ofice shall notify the trademark registrant, requiring him to respond within 2 months 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 circumstances 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 registrant 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 filed 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) bankruptey 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 to 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 invalid the registration of the trademark used only on certain designated goods.

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 Office 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, the 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 accordance 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 difficult 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 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 the designated goods shall be terminated from the date on which the Trademark Ofice 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 storage, 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 subparagraph (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 exelusive 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;

(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 business 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 supplier;

(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 question; 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 nature 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 the 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 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 identify 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 ageney services registered at the administrative department for industry and 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 document 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 eredit files for trademark agencies. Where an agency 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 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 the 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 other 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 evidence, 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 prescribed 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 Trademark 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 make a decision to stop the acceptance of the trademark matters submitted through the trademark ageney 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 Adjudication 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 through an agency shall be published on its website.

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 until 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 department 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 Certificate and relevant certifications 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; where any diserepancy 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 department and the competent pricing department of the State Council.

Article 98 These Regulations shall be effective as of May 1, 2014.