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TRADEMARK LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 24th Session of the Standing Committee of the
Fifth National People 's Congress on August 23, 1982, as amended
according to the "Decision on the Revision of the Trademark
Law of the People's Republic of China" adopted at the 30th
Session of the Standing Committee of the Seventh National People's
Congress on February 22, 1993, and the "Decision on the Revision
of the Trademark Law of the People's Republic of China" adopted
at the 24th Session of the Standing Committee of the Ninth National
People's' Congress on October 27, 2001.)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Application for Registration of a Trademark
Chapter III Examination and Acceptance for Registration of a Trademark
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Chapter V Adjudication of Disputes Concerning Registered 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.
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Chapter II
Application 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.
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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.
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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.
GO TOP
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.
GO TOP
Chapter VI
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.
GO TOP
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.
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