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Trademark Law of the People's Republic of China
Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination for Trademark Registration
Chapter IV Modification, Assignment, Renewal and Adjudication-on-Dispute
Concerning a Registered Trademark
Chapter V Evaluation of Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Right to Use a Registered Trademark
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 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 services
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 shall 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.
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, 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 referred 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 characteristics 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 person 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, intending 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 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 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 different 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, devices, 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 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 shall not be used as trademarks:
(1) those identical with or similar to the State name, national flag,
national emblem, military flag or decorations of the People's Republic
of China, and those identical with the name of the particular place, or
with the name or image of the symbolic building, where a 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 emblem 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) 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 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 component 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 numbers 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.
Signs 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, 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 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 not registered in China and
is likely to create confusion, if the trademark is the subject of an application
for registration in respect of 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 registered 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 applies.
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 protection 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 authorization, 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, 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 characteristic 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 People's Republic of 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 trademark in China
shall entrust a qualified trademark agency recognized by the State to
be his representative.
Chapter IIApplication for Registration of A Trademark
Article 19
An applicant for registration of a trademark shall indicate, in accordance
with a prescribed classification of goods, the 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 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 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 months 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 international
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 three 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 right 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 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 three months documentary
evidence concerning, inter alia, the title of the exhibition, the use
of the trademark on the exhibited 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 for the purposes of application
for registration of a trademark shall be authentic, accurate and complete.
Chapter III Examination and Acceptance for Registration
of a Trademark
Article 27
Where an application for registration of a trademark is in compliance
with the relevant provisions of this Law, the Trademark Office shall accept
the application and publish the same.
Article 28
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 similar 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
Where two or more applicants apply for registration of identical 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 be
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 registration shall be issued, and the
registration shall be published.
Article 31
An application for registration of a trademark 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 person 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 review to the
Trademark Review and Adjudication Board, which Board shall make a decision
and notify the applicant in writing.
Where any party is dissatisfied with the decision of the Trademark Review
and Adjudication Board, he may, within thirty days from receipt of the
notification, institute legal proceedings with the people's court.
Article 33
Where an opposition is filed against an accepted and published application
for registration of a trademark, the Trademark Office shall hear both
the opponent and the opposed party's statement of facts and grounds and
shall, after investigation and verification, make a decision. Where any
party is dissatisfied, he may, within fifteen days from receipt of the
notification, apply for review to the Trademark Review and Adjudication
Board, which Board shall make a decision and notify both the opponent
and the opposed party in writing.
Where any party is dissatisfied with the decision of the
Trademark Review and Adjudication Board, he may, within thirty days from
receipt of the notification, institute legal proceedings with the people's
court. The people's court shall notify the other party to the review proceedings
to participate in the legal proceedings as the third party.
Article 34
Where, within the specified period, no party applies for review of a decision
made by the Trademark Office or institutes legal proceedings with the
people's court against a decision of the Trademark Review and Adjudication
Board, the decision shall come into effect.
If it is decided that an opposition is not justified,
the trademark shall be registered, a certificate of registration shall
be issued, and the registration shall be published; if it is decided that
an opposition is justified, no registration shall be made.
Where it is decided that an opposition is not justified
and the trademark is registered, the applicant's exclusive right to use
the trademark shall start from the date of expiry of the three-month period
from the publication of the accepted application.
Article 35
Applications for registration of trademarks and applications for review
shall be examined in a timely manner.
Article 36
If an applicant for registration of a trademark or a holder of a registered
trademark finds an obvious error in the documents relating to the application
or registration, he may apply for rectification of the error. The Trademark
Office shall, within the scope of its powers in accordance with law, make
the rectification and notify the interested party.
Rectification of errors by virtue of the preceding paragraph does not
include the rectification of substantive matters in the documents relating
to the application or registration.
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Article 37
The period of validity of a registered trademark shall be ten years starting
from the date of registration.
Article 38
Where a holder of a registered trademark intends to continue to use the
trademark after the expiry of the period of validity, an application for
renewal of the registration shall be made within six months before the
said expiry. Where no application is made within the said period, a grace
period of six months may be allowed. If no application is filed at the
expiry of the grace period, the registered trademark shall be removed
from the register.
The period of validity of each renewal of registration
shall be ten years.
Any renewal of registration shall be published after it
has been approved.
Article 39
Where a registered trademark is to be assigned, the assignor and assignee
shall sign an agreement of assignment and jointly file an application
with the Trademark Office. The assignee shall guarantee the quality of
the goods in respect of which the registered trademark is used.
The assignment of a registered trademark shall be published after it has
been approved. The assignee shall have the exclusive right to use the
trademark from the date of publication.
Article 40
The owner of a registered trademark may, by signing a trademark license
contract, authorize another person to use his registered trademark. The
licensor shall supervise the quality of the goods in respect of which
the licensee uses his registered trademark. The licensee shall guarantee
the quality of the goods in respect of which the registered trademark
is used.
Where any party is licensed to use a registered trademark
of another person, the name of the licensee and the geographic origin
of the goods must be indicated on the goods that bear the registered trademark.
The trademark license contract shall be submitted to the
Trademark Office for recording.
Chapter V Adjudication of Disputes Concerning Registered
Trademarks
Article 41
Where a registered trademark stands in violation of the provisions of
Article 10, 11 or 12 of this Law, or the registration of a trademark has
been acquired by fraud or any other unfair means, the Trademark Office
shall cancel the registered trademark; any other organization or individual
may request the Trademark Review and Adjudication Board to make an adjudication
to cancel such a registered trademark.
Where a registered trademark stands in violation of the
provisions of Article 13, 15, 16 or 31 of this Law, the owner of the trademark
or any interested party may, within five years from the date of registration,
request the Trademark Review and Adjudication Board to make an adjudication
to cancel the registered trademark. Where the registration has been made
in bad faith, the owner of a well-known trademark shall not be bound by
the five-year time limit.
In addition to the situations as provided for in the preceding
two paragraphs, any person disputing a registered trademark may, within
five years from the date of registration, apply to the Trademark Review
and Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after
receipt of the application for adjudication, notify the interested parties
and request them to respond with arguments within a specified period.
Article 42
Where, before registration, a trademark has been the subject of an opposition
that has been decided, no application for adjudication based on the same
facts and grounds may be filed.
Article 43
After the Trademark Review and Adjudication Board makes an adjudication
either to maintain or cancel a registered trademark, it shall notify the
interested parties of the same in writing.
Where any party is dissatisfied with the adjudication
of the Trademark Review and Adjudication Board, he may, within thirty
days from receipt of the notification, institute legal proceedings with
the people's court. The people's court shall notify the other party to
the adjudication proceedings to participate in the legal proceedings as
the third party.
Chapter IV Administration of the Use of Trademarks
Article 44
The Trademark Office shall order the user of a registered trademark to
rectify the situation within a specified time limit, or shall cancel the
registered trademark, if the user:
(1) alters the registered trademark without the prescribed
procedure;
(2) changes the name or address of the owner of a registered
trademark, or other matters contained in the registration, without the
prescribed procedure;
(3) assigns the registered trademark without the prescribed
procedure; or
(4) has not used the trademark for an uninterrupted period
of three years.
Article 45
Where a registered trademark is used on goods that are roughly or poorly
manufactured, or on goods of bad quality which pass off as those of good
quality, so as to deceive consumers, the administrative authorities for
industry and commerce at different levels shall, according to the circumstances,
order rectification of the situation within a specified time limit, and
may in addition circulate a notice of criticism or impose a fine, and
the Trademark Office may cancel the registered trademark.
Article 46
Where a registered trademark has been canceled or has not been renewed
upon expiry of the period of validity, the Trademark Office shall, during
one year from the date of cancellation or removal, refuse to accept any
application for registration of a trademark that is identical with or
similar to the trademark.
Article 47
Where any person violates the provisions of Article 6 of this Law, the
local administrative authority for industry and commerce shall order him
to file an application for the registration within a specified time limit,
and may in addition impose a fine.
Article 48
Where any person who uses an unregistered trademark has committed any
of the following, the local administrative authority for industry and
commerce shall stop the use of the trademarks, order him to rectify the
situation within a specified time limit, and may in addition circulate
a notice of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated;
and
(3) where the goods are roughly or poorly manufactured,
or are of bad quality which pass off as those of good quality, so as to
deceive consumers.
Article 49
Any party dissatisfied with the decision of the Trademark Office to cancel
a registered trademark may, within fifteen days from receipt of the notification,
apply for review to the Trademark Review and Adjudication Board, which
Board shall make a decision and notify the applicant in writing.
Where any party is dissatisfied with the decision of the
Trademark Review and Adjudication Board, he may, within thirty days from
receipt of the notification, institute legal proceedings with the people's
court.
Article 50
Any party dissatisfied with the decision of the administrative authority
for industry and commerce to impose a fine in accordance with the provisions
of Article 45, 47 or 48 may, within fifteen days from receipt of the notification,
institute legal proceedings with the people's court. If there have been
instituted no legal proceedings or made no performance of the decision
upon the expiry of the said period, the administrative authority for industry
and commerce may request the people's court for compulsory execution.
Chapter VII Protection of the Exclusive Right to Use a
Registered Trademark
Article 51
The exclusive right to use a registered trademark is limited to the trademark
which has been registered and to the goods in respect of which the registration
has been made.
Article 52
A person infringes the exclusive right to use a registered trademark if
he:
(1) uses a trademark that is identical with or similar
to a registered trademark in relation to identical or similar goods without
the consent of the owner of the registered trademark;
(2) offers for sale goods that are in infringement of
the exclusive right to use a registered trademark;
(3) counterfeits, or makes without authorization, representations
of a registered trademark of another person, or offers for sale such representations;
(4) changes a registered trademark and put goods bearing
the changed
trademark on market without consent of the owner of the registered trademark;
or
(5) causes, in other respects, prejudice to the exclusive
right of another person to use a registered trademark.
Article 53
Where a dispute arises from any of the acts of infringement of the exclusive
right to use a registered trademark provided for in Article 52 of this
Law, the parties involved shall settle the dispute through consultation.
Where any of the parties refuses to pursue consultation or where consultation
fails, the owner of the registered trademark or an interested party may
institute legal proceedings with the people's court, or request the administrative
authority for industry and commerce for actions. The administrative authority
for industry and commerce may, upon determining the infringement has taken
place, order the infringer to immediately stop the infringing act, confiscate
and destroy the infringing goods and any implements specifically used
to manufacture the infringing goods and counterfeit representations of
the registered trademark, and may impose a fine. Where an party is dissatisfied
with the decision of the administrative authority for industry and commerce,
he may, within fifteen days from receipt of the notification, institute
legal proceedings with the people's court in accordance with the Administrative
Procedural Law of the People's Republic of China. If there have been instituted
no legal proceedings or made no performance of the decision upon the expiry
of the said period, the administrative authority for industry and commerce
may request the people's court for compulsory execution. Where a party
so requests, the administrative authority for industry and commerce handling
a dispute may mediate in settling the amount of damages. Where mediation
fails, a party may institute legal proceedings with the people's court
in accordance with the Civil Procedural Law of the People's Republic of
China.
Article 54
The administrative authorities for industry and commerce have the power
to investigate and handle by law any act of infringement of the exclusive
right to use a registered trademark. Where a crime is suspected to have
been committed, the case shall be transferred to the judicial authorities
in a timely manner to be dealt with in accordance with the law.
Article 55
The administrative authorities for industry and commerce at or above the
county level may, based on evidence already obtained indicating suspected
illegal conduct or information supplied by a member of the public, exercise
the following powers in investigating suspected acts of infringement of
the exclusive right of another person to use a registered trademark:
(1) to inquire of an interested party about the case;
to
investigate into the circumstances relating to the infringement of the
exclusive right of another person to use a registered trademark;
(2) to examine or reproduce an interested party's contracts,
invoices and account books and other materials relating to the infringement;
(3) to conduct an on-site inspection of the premises where
an
interested party has carried out a suspected act of infringement of the
exclusive right of another person to use a registered trademark; or
(4) to examine the articles relating to the act of infringement,
and may seal or seize the articles if there is evidence proving that the
articles are in infringement of the exclusive right of another person
to use a registered trademark.
When the administrative authorities for industry and commerce
exercises the powers as provided for in the preceding paragraph, the interested
parties shall give assistance and cooperate, and must not refuse or obstruct
to do so.
Article 56
The amount of damages for infringement of the exclusive right to use a
registered trademark shall be the profit that the infringer has earned
through the infringement during the period of the infringement or the
losses that the infringee has suffered through the infringement during
the period of the infringement, including any reasonable expenses the
infringee has incurred in his effort to stop the infringement.
Where the profit earned by the infringer or losses suffered
by the infringee through the infringement mentioned in the preceding paragraph
cannot be determined, the people's court shall grant a compensation not
exceeding RMB 500,000 yuan, according to the circumstances of the act
of infringement.
Where a party unknowingly offers for sale goods that are
in infringement of the exclusive right of another person to use a registered
trademark, but is able to prove that he has obtained the goods lawfully
and to identify the supplier, he shall not be held liable for damages.
Article 57
Where the owner of a registered trademark or an interested party has evidence
indicating that another person is engaged in or will soon engage in an
act of infringement of the former's exclusive right to use his registered
trademark and that, unless the act is stopped in a timely manner, irreparable
injury will be caused to his legitimate rights and interests, he may,
before instituting legal proceedings, apply to the people's court for
measures prohibiting the act and preserving the latter's assets.
The people's court shall apply the provisions in Article
93 to Article 96 and Article 99 of the Civil Procedural Law of the People's
Republic of China in handling the application provided in the preceding
paragraph.
Article 58
To stop an act of infringement, where evidence may be destroyed or lost
or become difficult to obtain in the future, the owner of a registered
trademark or an interested party may, before instituting legal proceedings,
apply to the people's court to have the evidence preserved.
The people's court shall make a decision within forty-eight
hours from receipt of the application. Where the people's court decides
to provide the preservative measures, the decision shall be executed immediately.
The people's court may order the applicant to provide
security. Where no security is provided, the people's court shall reject
the application.
Where the applicant fails to institute legal proceedings
within fifteen days from the day on which the people's court takes the
preservative measures, the people's court shall revoke the measures.
Article 59
Any person who, without the consent of the owner of a registered trademark,
uses a trademark that is identical with the registered trademark in relation
to identical goods, if it constitutes a crime, shall be prosecuted according
to law for his criminal liabilities in addition to compensating the damages
that the infringee suffers.
Any person who counterfeits, or makes without authorization,
representations of a registered trademark of another person, or offers
for sale such representations, if it constitutes a crime, shall be prosecuted
according to law for his criminal liabilities.
Any person who knowingly sells goods that bear a counterfeited
registered trademark, if it constitutes a crime, shall be prosecuted according
to law for his criminal liabilities in addition to compensating the damages
the infringee suffers.
Article 60
State personnel responsible for trademark registration, administration,
and review shall be impartial in implementing the law, incorruptible and
self-disciplined, and devoted to their duty, and shall provide civilized
services.
State personnel in the Trademark Office and the Trademark
Review and Adjudication Board and other personnel responsible for trademark
registration, administration and review shall not be involved in trademark
agency services or in the production or trading of goods.
Article 61
Administrative authorities for industry and commerce shall establish and
perfect an internal supervisory system to supervise and inspect the way
state personnel responsible for trademark registration, administration,
and review implement laws and administrative rules and regulations and
observe discipline.
Article 62
Where a member of state personnel responsible for trademark registration,
administration and review is derelict of duty, abuses power, or practices
fraud for personal considerations, or handles trademark registration,
administration, and review matters in violation of the law, or accepts
money or property from an interested party, or seeks improper gains, if
the case is so serious as to constitute a crime, he shall be prosecuted
according to law for his criminal liabilities; where the case does not
constitute a crime, he shall be subject to administrative disciplinary
measures according to rules and regulations.
Chapter VIIISupplementary Provisions
Article 63
An application for registration of a trademark or for other matters concerning
a trademark shall be subject to the payment of a fee. The schedule of
fees shall be prescribed separately.
Article 64
This Law shall enter into force on March 1,1983. The Regulations Governing
Trademarks promulgated by the State Council on April 10, 1963 shall be
abrogated on the same date, and any other provisions concerning trademarks
contrary to this Law shall cease to be effective at the same time.
Trademarks registered before this Law enters into force
shall continue to be valid.
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