Notice on Issues Relating to the Implementation of the Trademark Law
of the People's Republic of China

 

No.Gongshangbiaozi [2001] 374 (21 December 2001)

 

The Administrative Bureaus for Industry and Commerce of the Provinces, Autonomous Regions, Municipalities Directly under the Central Government and Cities Directly under the State Planning:

The Decision of the Standing Committee of the National People's Congress on the Amendment of the Trademark Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the 9th National People's Congress has been in force since 1 December 2001. With a view to implementing of the revised Trademark Law of the People's Republic of China (hereinafter referred to as the revised Trademark Law), this Notice is hereby issued as follows:

1.The Trademark Office under the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) examines, in accordance with the revised Trademark Law, applications for trademark registration, assignment, alteration, renewal, and oppositions filed on 1 December 2001 and after. In respect of applications for trademarks registration, assignment, alteration, renewal, and oppositions which were filed and on which the Trademark Office had not made the decision or adjudication before 1 December 2001, the examination thereof shall be conducted and the decision or adjudication thereon made pursuant to the revised Trademark Law.

2.Cases accepted by the Trademark Review and Adjudication Board under the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) on 1 December 2001 and after shall be reviewed and adjudicated in accordance with the revised Trademark Law. In respect of cases which were accepted by the Trademark Review and Adjudication Board and on which the Trademark Review and Adjudication Board had not made decision or adjudication before 1 December 2001, the review and adjudication thereof shall be conducted and the decision or adjudication thereon made pursuant to the revised Trademark Law.

3.The former Trademark Law shall apply in handling cases of trademark-related law-breaking acts taking place before 1 December 2001; in respect of cases of trademark-related law-breaking acts taking place before and continuing after 1 December 2001, the former and revised Trademark Laws shall respectively apply in line with the time the acts respectively take place.

From 1 December 2001 onward, the Administrative Departments for Industry and Commerce shall exercise the functions and authorities specified in Article 55 of the revised Trademark Law in investigating and handling cases of trademark infringement.

 

The State Administration for Industry and Commerce


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