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1、【精品文档】如有侵权，请联系网站删除，仅供学习与交流商标法英文版.精品文档.Chapter I General ProvisionsArticle 1. This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, and encouraging producers and traders to guarantee the quality of their goods and servic
2、es and maintain the reputation of their trademarks, with a view to protect the interests of consumers, producers and traders and promote the development of the socialist market economy.Article 2. The Trademark Office of the administrative authority for industry and commerce under the State Council s
3、hall be responsible for the registration and administration of trademarks in China.The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for the settlement of disputes relating to trademarks
4、. Article 3. A registered trademark is a trademark that has been accepted and registered by the Trademark Office, which may be a trademark used on goods, a service mark, a collective mark or a certification mark. The owner of a registered trademark shall have the exclusive right to use the trademark
5、, which shall be protected by law.A collective mark referred to in this Law is a sign registered in the name of a group, association or other organization for use by the members of such an organization in the course of trade to indicate the users membership in the organization.A certification mark r
6、eferred to in this Law is a sign controlled by an organization capable of monitoring certain goods or services for use by organizations or persons other than such an organization on their goods or services to certify the geographical origin, material, mode of manufacture, quality or other specific c
7、haracteristics of the goods or services.Provisions shall be made by the administrative authority for industry and commerce under the State Council concerning special matters in the registration and administration of collective marks and certification marks. Article 4. Any natural person, legal perso
8、n or other organization, intending to acquire the exclusive right to use a trademark for goods produced, manufactured, processed, selected or marketed by him, shall apply for registration of the trademark used on goods to the Trademark Office.Any natural person, legal person or other organization, i
9、ntending to acquire the exclusive right to use a service mark for services provided by him, shall apply for registration of the service mark to the Trademark Office.Provisions in this Law concerning trademarks used on goods shall apply to service marks. Article 5. Two or more natural persons, legal
10、persons or other organizations may jointly apply for registration of a trademark to the Trademark Office, and may jointly enjoy and exercise the exclusive right to use the trademark.Article 6. For goods that, as required by the State, must bear a registered trademark, an application for registration
11、 of a trademark shall be filed. If no registration has been made, such goods cannot be offered for sale in the market. Article 7. Any user of a trademark shall be responsible for the quality of the goods on which the trademark is used. Administrative authorities for industry and commerce at differen
12、t levels shall, through the administration of trademarks, stop any practices that deceive consumers.Article 8. Any visually perceptible sign, capable of distinguishing the goods or services of one natural person, legal person or any other organization from those of other persons, including words, de
13、vices, letters, numerals, three-dimensional signs, combination of colours as well as the combination of such signs, shall be eligible for application for registration as a trademark.Article 9. A trademark that is the subject of an application for registration shall have distinctive character and be
14、capable of being readily identified and distinguished, and shall not be in conflict with the legal rights obtained earlier by other persons.The owner of a registered trademark has the right to use the sign Registered Trademark or other signs indicating registration. Article 10. The following signs s
15、hall not be used as trademarks:(1) those identical with or similar to the State name, national flag, national emblem, military flag or decorations of the Peoples Republic of China, and those identical with the name of the particular place, or with the name or image of the symbolic building, where a
16、central government department of the State is located;(2) those identical with or similar to the State name, national flag, national emblem or military flag of a foreign country, unless consent has been given by the government of the country;(3) those identical with or similar to the name, flag or e
17、mblem of an international intergovernmental organization, unless consent has been given by the organization or the public is not likely to be misled by such use;(4) those identical with or similar to an official sign or hallmark indicating control and warranty, unless authorization has been given;(5
18、) those identical with or similar to the name or symbol of the Red Cross or the Red Crescent;(6) those having the nature of discrimination against any nationality;(7) those having the nature of exaggeration and fraud in advertising goods; or(8) those detrimental to socialist morality or customs, or
19、having other unhealthy influences. The geographical name of an administrative division at or above the county level or a foreign geographical name well-known to the public shall not be used as a trademark, unless the geographical name has another meaning or the geographical name is used as a compone
20、nt part of a collective mark or a certification mark; registered trademarks consisting of or containing geographical names shall continue to be valid. Article 11. The following signs shall not be registered as trademarks:(1) signs which consist exclusively of the generic names, designs, or model num
21、bers of the goods in respect of which the trademark is used;(2) signs which consist exclusively of direct indications of the quality, primary raw material, functions, intended purposes, weight, quantity or other characteristics of goods; or(3) signs which are devoid of any distinctive character. Sig
22、ns mentioned in the preceding paragraph may be registered as trademarks if they have acquired distinctive character through use and are capable of being readily identified and distinguished. Article 12. Where a three-dimensional sign is the subject of an application for registration of a trademark,
23、the trademark shall not be registered if it consists exclusively of the shape which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods.Article 13. A trademark shall not be regist
24、ered and its use shall be prohibited where the trademark constitutes a reproduction, an imitation, or a translation, of a well-known trademark of another person not registered in China and is likely to create confusion, if the trademark is the subject of an application for registration in respect of
25、 goods which are identical or similar to the goods to which the well-known trademark applies.A trademark shall not be registered and its use shall be prohibited where the trademark constitutes a reproduction, an imitation, or a translation, of a well-known trademark of another person already registe
26、red in China and is likely to mislead the public and damage the interests of the owner of the registered well-known trademark, if the trademark is the subject of an application for registration in respect of goods which are not identical or similar to the goods to which the well-known trademark appl
27、ies. Article 14. The following factors shall be considered in determining a well-known trademark:(1) reputation of the trademark in the relevant sector of the public;(2) duration of use of the trademark;(3) duration, degree, and geographical scope of any publicity for the trademark;(4) history of pr
28、otection of the trademark as a well-known trademark; and(5) other factors contributing to the reputation of the trademark. Article 15. A trademark shall not be registered and its use shall be prohibited if the agent or representative of the person who is the owner of a trademark applies, without aut
29、horization, for the registration of the trademark in his own name and if the owner raises an opposition.Article 16. A trademark shall not be registered and its use shall be prohibited if it consists of or contains a geographical indication in respect of goods not originating in the region indicated,
30、 to such an extent as to mislead the public; however, registrations made in good faith shall continue to be valid.A geographical indication referred to in the preceding paragraph is a sign which indicates a good as originating in certain region, where a given quality, reputation or other characteris
31、tic of the good is essentially attributable to the natural or human factors of the region. Article 17. Any foreigner or foreign enterprise intending to apply for registration of a trademark in China shall file an application in accordance with any agreement concluded between the Peoples Republic of
32、China and his country of origin, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.Article 18. Any foreigner or foreign enterprise intending to apply for registration of a trademark or for any other matters concerning a trad
33、emark in China shall entrust a qualified trademark agency recognized by the State to be his representative.Go TopChapter II Application for Registration of a TrademarkArticle 19. An applicant for registration of a trademark shall indicate, in accordance with a prescribed classification of goods, the
34、 classification of the goods and the designation of the goods in respect of which the trademark is to be used. Article 20. Where any applicant intends to apply for registration of a trademark for goods in different classes, application for registration shall be made in accordance with the prescribed
35、 classification of goods. Article 21. A new application for registration shall be made if a registered trademark is to be used in respect of other goods of the same class than those contained in the registration.Article 22. A new application for registration of a trademark shall be made if the sign
36、of a registered trademark is to be altered. Article 23. An application for a change shall be made if the name or address of the owner of a registered trademark, or other matters contained in the registration, is to be changed.Article 24. An applicant for registration of a trademark who, within six m
37、onths from the date of application for registration of his trademark in a foreign country, applies for registration of the same trademark in China in respect of the same goods has a right of priority in accordance with any agreement concluded between China and the foreign country, or with the intern
38、ational treaty to which both countries are party, or on the principle of mutual recognition of the right of priority.An applicant claiming a right of priority by virtue of the preceding paragraph shall make a written declaration at the time of the filing of the application and shall submit within th
39、ree months a copy of the documents relating to the previous application; an applicant who does not make the written declaration, or who fails to submit the copy of the documents relating to the previous application before the end of the prescribed period, shall be deemed never to have claimed a righ
40、t of priority. Article 25. If a trademark is first used on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, an applicant for registration of the trademark has a right of priority for a period of six months from the date of exhibition of the goods.An a
41、pplicant claiming a right of priority by virtue of the preceding paragraph shall make a written declaration at the time of the filing of the application and shall submit within three months documentary evidence concerning, inter alia, the title of the exhibition, the use of the trademark on the exhi
42、bited goods and the date of the exhibition; an applicant who does not make the written declaration or who fails to submit the documentary evidence before the end of the prescribed period shall be deemed never to have claimed a right of priority. Article 26. Statements made and documents submitted fo
43、r the purposes of application for registration of a trademark shall be authentic, accurate and complete. Go TopChapter III Examination and Acceptance for Registration of a TrademarkArticle 27 of Chinese Trademark Law “Where an application for registration of a trademark is in compliance with the rel
44、evant provisions of this Law, the Trademark Office shall accept the application and publish the same.Article 28 of Chinese Trademark Law Where an application for registration of a trademark is not in compliance with the relevant provisions of this Law, or if the trademark is identical with or simila
45、r to a trademark of another person that has been registered or accepted in respect of identical or similar goods, the Trademark Office shall refuse to accept the application and shall not publish the same.Article 29 of Chinese Trademark Law Where two or more applicants apply for registration of iden
46、tical or similar trademarks in respect of identical or similar goods, the application filed the earliest shall be accepted and published; if the applications are filed on the same day, the trademark which is used the earliest shall be accepted and published, and applications of other persons shall b
47、e refused and not be published. Article 30. Any person may, within three months from the date of publication, file an opposition against an accepted application for registration of a trademark. If no opposition is filed within the specified period, the trademark shall be registered, a certificate of
48、 registration shall be issued, and the registration shall be published.Article 31. A trademark application of shall not be of such a nature as to infringe the existing earlier right of another person. An application shall not be made with intent to register a trademark which is used by another perso
49、n and enjoys certain reputation.Article 32. Where an application for registration of a trademark is refused and no publication is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notification, apply for r