中华人民共和国商标法(英文版)Trademark Law of the People's Republic of China

商标法实施条例(英文版)Implementing Regulations of the Trademark Law of the People's Republic of China

(Promulgated by the State Council on 3 August 2002)
Chapter l General Provisions
　　Article 1 These Implementing 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 The provisions made in these Implementing Regulations concerning goods marks shall apply to service marks.
　　Article 3 The use of trademarks referred to in the Trademark Law and these Regulations include, among other things, the use of trademarks on goods, Packages or containers thereof and commodity trading instruments, or use of trademarks in advertisements, exhibitions and other commercial activities.
　　Article 4 Goods required to bear registered trademarks as prescribed by the State mentioned in Article 6 of the Trademark Law refer to goods in respect of which registered trademarks must be used as prescribed by law and administrative regulations.
　　Article 5 Under the Trademark Law and these Regulations, when an interested party believes his trademark constitutes a well-known trademark when a dispute arises in the course of trademark registration or trademark review and adjudication, he may file a request with the Trademark Office or the Trademark Review and Adjudication Board to establish it as a well-known trademark, to reject the trademark registration application contrary to the provision of Article l3 of the Trademark Law, or to cancel the trademark registration contrary to the provision of Article 13 of the Trademark Law. When filing an application, an interested party shall submit proofs that his trademark constitutes a well-known trademark.
　　At the request of the interested party, the Trademark Office or the Trademark Review and Adjudication Board shall, on the basis of ascertained facts, establish whether his trademark constitutes a well-known trademark pursuant to the provision of Article 14 of the Trademark Law.
　　Article 6 Applications may be filed for registration of geographic indications provided for in Article l6 of the Trademark Law as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
　　Where a geographic indication is registered as a certification mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for using the certification mark, and the organization having control on the certification mark shall give its permission. Where a geographic indication is registered as a collective mark, the natural person, legal person or other organization whose goods has met the requirement imposed on the geographic indications may request for membership of the body, association or other organization having the geographic indication as its collective mark. The body, association or other organization shall accept him or it as its member according to the articles of constitution thereof. Any person who does not ask to join the body, association or other organization having the geographic indication as its collective mark may also duly use the geographic indication, and the body, association or other organization does not have the right to prohibit the use.
　　Article 7 An interested party entrusting a trademark agency with the filing of an application for trademark registration or attending to other trademark matters shall submit a Power of Attorney. The Power of Attorney}' shall indicate such contents and competence as authorized: the Power of Attorney from a foreign person or foreign enterprise shall, in addition, indicate the nationality of the entruster.
　　Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise' shall be done based on the principle of reciprocity.
　　The foreign person or foreign enterprise mentioned in Article l8 of the Trademark Law refers to the foreign person who or foreign enterprise which does not have its habitual residence or place of business in China.
　　Article 8 The Chinese language shall be used in applying for trademark registration or attending to other trademark matters.
　　Where the various certificates, certifying documents and proofs submitted under the Trademark Law and these Regulations are in a foreign language, the Chinese translation thereof shall be attached; where the Chinese translation is not attached, the certificates, certifying documents and proofs shall be deemed not to have been submitted.
　　Article 9 In any one of the following circumstances, any staff member of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw, or a party or interested Part} may request him to withdraw:
　　(l) he is a party or a close relative to a party or agent;
　　(2) he is related in such a way with a party or agent insofar as the relation would affect impartiality; or 上一页12 3 4 5 6 7 8 下一页