Laws of the People's Republic of China

    The 30th Meeting of the Standing Committe of the Seventh
National People's Congress, having considered the proposal of the
Draft Amendment to the Trademark Law of the People's Republic of China submitted by the State Council, decides to make the following
amendments to the Trademark Law of the People's Republic of China:

    1. Article 4 is amended to include the following three
paragraphs:

    "Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a
trademark for the goods it or he produces, manufactures, processes,
selects or markets shall file an application for registration of goods trademark with the Trademark Office.

    Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a
trademark for the services it or he provides shall file an
application for registration of service trademark with the
Trademark Office.

    Provisions regarding the goods trademarks in this Law shall be
applicable to service trademarks."

    2. A new paragraph is added to Article 8 as the second
paragraph: "Geographic names of administrative divisions at or
above the county level or foreign geographic names known to the
public shall not be used as trademarks, with the exception,
however, of those geographic names having other meanings.
Registered trademarks in which geographic names are used shall
remain valid."

    3. Article 12 is amended to read as follows: "If an applicant
intends to use the same trademark on goods in different classes, it
or he shall submit applications for registration in accordance with
the classification of goods."

    4. A new paragraph is added to Article 26 as the second
paragraph: "If any party is authorized to use a registered
trademark of another person, the name of the licensee and the
origin of the goods must be indicated on the goods that bear the
registered trademark."

    5. The first paragraph of Article 27 is amended to read as the
following two paragraphs: "If a registered trademark contravenes
the provisions of Article 8 of this Law, or the registration
thereof is obtained through fraudulent or other unfair means, the
Trademark Office shall cancel such registered trademark; other
entities or individuals may request the Trademark Review and
Adjudication Board to make a ruling cancelling such registered
trademark.

    If a dispute arises over a registered trademark, with the
exception of the circumstances specified in the preceding
paragraph, the disputant may, within one year from the date the
trademark is registered after due verification, apply to the
Trademark Review and Adjudication Board for a ruling."

    6. Article 29 is amended to read as follows: "After the
Trademark Review and Adjudication Board has made the final ruling
upholding or revoking a registered trademark, it shall notify the
parties concerned in writing."

    7. A sub-paragraph is added to Article 38 as sub-paragraph
(2): "Knowingly selling goods bearing counterfeit registered
trademarks;"

    Sub-paragraph (2) of Article 38 is amended to be sub-paragraph
(3): "forging or making without authorization representations of a
registered trademark of another person or selling representations
of a registered trademark which are forged or made without
authorization."

    Sub-paragraph (3) of Article 38 accordingly becomes
sub-paragraph (4).

    8. The first paragraph of Article 39 is amended to read as
follows: "In the event of any infringement of the right to the
exclusive use of a registered trademark as set forth in Article 38
of this Law, the infringed may request the administrative
department for industry and commerce at or above the county level
for disposition. The relevant administrative department for
industry and commerce shall have the power to order the infringer
to stop the infringing act immediately and to compensate the
infringed for its or his losses; the amount of the compensation
shall be the profits the infinger has obtained as a result of the
infringement during the period of the infringement or the losses
suffered by the infringed as a result of the infringement during
the period of the infringement. If the infringement of the right to
exclusive use of a registered trademark does not constitute a
crime, the administrative department for industry and commerce may
impose a fine upon the infringer. If any party is not satisfied
with the decision of the administrative department for industry and
commerce ordering a cessation of the infringing act and imposing a
fine, it may bring a suit in a people's court within 15 days from
receipt of notification of the decision. If, on the expiration of such a period, the party has neither brought a suit nor complied
with the decison, the relevant administrative department for
industry and commerce shall apply to the people's court for
compulsory enforcement."

    9. Article 40 is amended to include the following three
paragraphs:

    "Any person who counterfeits a registered trademark of another
person shall, if the act constitutes a crime, be investigated for
criminal responsibility according to law in addition to
compensating for the losses suffered by the infringed.

    Any person who forges or makes without authorization
representations of a registered trademark of another person or
sells representations of a registered trademark which are forged or
made without authorization shall, if the act constitutes a crime,
be investigated for criminal responsibility according to law in
addition to compensating for the losses suffered by the infringed.

    Any person who knowingly sells goods bearing counterfeit
registered trademarks shall, if the act constitutes a crime, be
investigated for criminal responsibility according to law in
addition to compensating for the losses suffered by the infringed."

    This Decision shall come into force as of July 1, 1993.