Shanghai  GreRoyalt

Measures on Regulating the Application and Registration of Trademarks
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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") and the Regulations for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law Implementation Regulations") for the purpose of regulating the applications for trademark registration, avoiding malicious trademark applications, main taining the trademark registration management order, and protecting social public interests.


Article 2


Applications for trademark registration and applications by agents for trademark registration shall comply with the relevant provisions of laws, administrative regulations, and departmental rules, and follow the principle of good faith.


Article 3 

Applications for trademark registration shall follow the principle of good faith and shall not involve the following acts:


1Malicious trademark registration applications that are not intended for use in accordance with the provisions of Article 4 of the Trademark Law;

2Copy, imitate, or translate a well-known trademark of another party as stipulated in Article 13 of the Trademark Law.

3An agent or a representative applies for registration of a trademark of the principal or the represented party without authorization as stipulated in Article 15 of the Trademark Law;or an applicant applies for registration of a trademark when being aware of the prior use by another party of the trademark based on their contractual, business, or other relationship.

4Damage the existing prior rights of others or preemptively register trademarks that have been used by others and have certain influence by improper means as stipulated in Article 32 of the Trademark Law.

5Apply for trademark registration by deceptive or other improper means.

6Other acts in violation of the principle of good faith, that are detrimental to socialist morals or customs, or have other adverse effects.


Article 4

A trademark agency shall not accept the commission if it knows or should have known that a client's application for trademark registration falls under one of the following circumstances:


1Violate the provisions of Article 4 of the Trademark Law stating that anyone shall not maliciously apply for trademark registration that is not intended for actual use.

2Fall within the provisions of Article 15 of the Trademark Law.

3Fall within the provisions of Article 32 of the Trademark Law.


The trademark agency shall not apply for registration of 
trademarks other than for its agency services, or improperly disrupt the order of the trademark agency market.

Article 5 

Malicious trademark registration applications that are not intended for use in accordance with the provisions of Article 4 of the Trademark Law, shall be rejected and not announced.
Specific examination procedures shall be formulated separately by the trademark registration department in accordance with the Trademark Law and the Regulations for the Implementation of the Trademark Law.


Article 6

If a trademark approved to be announced upon preliminary examination is opposed for violation of these Regulations during the announcement period, the trademark registration department shall, if it considers that the grounds for opposition are justified, make a decision to reject the registration according to law.


For a trademark applied for review of refusal of registration application or review of refusal of registration, the trademarkregistration department shall, if it considers that the trademark is in violation of these Regulations, make a decision to reject the application or disapprove the registration according to law.


Article 7

Where a registered trademark is applied for invalidation due to its violation of these Regulations, the trademark registration department shall, if it deems that the reasons for the invalidation are justified upon a hearing, make a ruling that the registered trademark becomes invalid according to law.


Where a registered trademark is found to be in violation of these Regulations by the trademark registration department, the department shall declare that the registered trademark becomes invalid according to the provisions of Article 44 of the Trademark Law.

Article 8

The trademark registration department shall take into account the following factors when determining whether a trademark registration application is in violation of the provisions of Article 4 of the Trademark Law:


1The number of trademarks applied for registration by the applicant or the natural persons, legal persons, and other organizations that have an affiliation with the applicant, the class of goods on which the trademark is designated for use,transaction information of the trademark, etc.;

2The industry, operating conditions, etc. of the applicant;

3Whether the applicant engaged in malicious trademark registration or infringed others' exclusive right of the registered trademark (including the infringement caused by improper use of the trademark) as determined by an administrative decision,ruling, or judicial judgment that has entered into force;

4Whether the trademark applied for registration is identical with or similar to others' trademark with a certain reputation;

5Whether the trademark applied for registration is identical with or similar to the name of a famous person, a company name, the short name of an enterprise, or other commercial marks;

6Other factors as determined by the trademark registration department.


Article 9 

The assignment of trademarks does not affect the trademark registration department's determination of circumstances in violation of Article 3 of these Regulations.


Article 10 

If a registered trademark is not used for three consecutive years without justified reasons, any unit or individual may apply to the trademark registration department for revoking the registered trademark. After the trademark registration department accepts such application, it shall inform


the trademark registrant of submitting the evidence materials concerning its use of the trademark before the trademark revocation application is filed or the justified reasons for not using it within two months from the date of receipt of the notification. If the evidence materials or justified reasons for

non-use are not provided within the specified time limit or the evidence materials provided are invalid, the trademark registration department shall revoke the registered trademark.


Article 11

The trademark registration department shall make an announcement after it makes a decision or ruling as specified in Article 5,6 or 7 of these Regulations.


Article 12

For applicants who violate the provisions of Article 3 of these Regulations concerning malicious application for trademark registration, the local market supervision and administration department at or above the county level shall give warnings, fines, or impose other administrative penalties accordingly in accordance with the provisions of Paragraph 4 of Article 68 of the Trademark Law. Those who have illegal income may be given a fine that is three times of the illegal income and no more than RMB 30,000. Those who do not have illegal income may be given a fine that is less than RMB 10,000.

Article 13

In accordance with the provisions of Paragraph 1 of Article 68 of the Trademark Law, for trademark agencies that violate Article 4 of these Regulations, the local market supervision and administration department at or above the county level shall order them to make corrections within a

specified time limit and give them warnings and a fine of no less than RMB 10,000 but no more than RMB 100,000; give warnings and a fine of no less than RMB 5,000 but no more than RMB 50,000 to the directly liable person-in-charge and other directly liable persons; and such persons shall be subject to criminal liabilities according to law if a crime is constituted. If the circumstances are serious, the China National Intellectual Property Administration may decide to refuse to accept the trademark agency businesses of the trademark agency and make an announcement.


Article 14

The organ that makes a decision of administrative penalty shall publicize the penalty information to the public through the national enterprise credit information publicity system according to law.

Article 15
 
For trademark agencies that violate Article 4 of these Regulations, the intellectual property management department shall have a talk with the head of the agencies and order them to make corrections.


Article 16

The intellectual property management department shall actively guide the applicants to apply for trademark registration according to law and guide the trademark agencies to engage in agency business according to law, and regulate the use of registered trademarks in production and business activities.

The intellectual property management department shall further urge trademark application channels unimpeded, improve the public service level of trademarks, provide facilitation services for direct applications for trademark registrations.

Article 17 

The intellectual property managementdepartment shall establish a sound internal supervision system,strengthen the supervision and inspection over the implementation of laws, administrative regulations and the observance of disciplines by the state personnel engaged in trademark registration


Any state personnel engaged in trademark registration who neglects his duty, abuses his power, engages in malpractice for personal gain, transacts trademark registration matters illegally,accepts money or property from a party concerned, or seeks illegitimate interests shall be given sanctions according to law;Where any of the acts mentioned in the preceding paragraph constitutes a crime, criminal responsibility shall be investigated

according to law.

Article 18

Trademark agency organizations shall improve the self-discipline rules, strengthen industry self-discipline, and impose disciplinary actions against members who violate the code of ethics of the industry and promptly announce such disciplinary actions to the public.

Article 19 

These Regulations shall come into force on 12/01/2019.