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REGULATIONS ON THE ADMINISTRATION OF SPECIAL SIGNS

Category  ADMINISTRATION FOR INDUSTRY AND COMMERCE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1996-07-13 Effective Date  1996-07-13  

Regulations on the Administration of Special Signs



Chapter I  General Provisions
Chapter II  Registration of Special Signs
Chapter III  Use and Protection of Special Signs
Chapter IV  Supplementary Provisions

(Promulgated by Decree No.202 of the State Council of the People's

Republic of China on July 13, 1996)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purposes of
strengthening the administration of special signs, promoting the development
of culture, physical culture, scientific research and other non-profit social
activities and protecting the lawful rights of customers and the owners and
users of special signs.

    Article 2  Special signs referred to in these Regulations mean such signs
as titles and their abbreviations, emblems and mascots composed of words and
designs and used for national or international cultural, physical cultural,
scientific research or other non-profit social activities held with the
approval of the State Council.

    Article 3  Special signs approved and registered by the administrative
department for industry and commerce under the State Council shall be
protected by these Regulations.

    Article 4  Special signs composed of words and designs containing any of
the following contents shall not be registered:

    (1) those detrimental to the dignity or image of the country or any
international organization;

    (2) those harmful to benign social customs and public order;

    (3) those with national discrimination and detrimental to the unity of
nationalities;

    (4) those lacking distinctiveness and not easy to identify; and

    (5) other contents forbidden by laws or regulations.

    Article 5  Funds raised by owners of special signs through using or
licensing others to use the special signs must be used for the non-profit
social undertakings which the special signs serve and shall be subject to
supervision by the departments of finance and auditing under the State
Council.
Chapter II  Registration of Special Signs

    Article 6  Organizers or those in charge of the preparatory work of non-
profit social activities shall submit an application for registration to the
administrative department for industry and commerce under the State Council
with respect to such special signs as titles, emblems or mascots they use for
the aforesaid activities and require to be protected.

    The application for registration can be filed directly or by an entrusted
agent.

    Article 7  An application form for registration of special signs shall be
filled in and the following documents be presented while filing an
application for registration of a special sign:

    (1) the State Council's document approving such non-profit social
activities;

    (2) conditions and control measures for permitting others to use the
special sign;

    (3) five prototypes of the special sign and one copy of the design in
black and white. The prototypes should be clear and easy to stick and made of
durable glossy paper or be photographs as substitute, with its length and
width no more than ten centimeters and no less than five centimeters;

    (4) a letter of authorization with clear indication of matters entrusted
and the scope of the power of agency, if the application is entrusted to an
agent; and

    (5) other documents which the administrative department for industry and
commerce under the State Council requires to be presented.

    Article 8  On receipt of an application, the administrative department
for industry and commerce under the State Council shall handle things in
accordance with the following provisions:

    (1) Where the application conforms to the relevant provisions of these
Regulations and the application papers are considered complete and correct,
issue a notice of acceptance of the application for the registration of
special signs within fifteen days from the date of receipt of the application
and, within two months from the date of the issuance of the notice, make an
entry in the register of special signs of matters related to the special
sign, the prototype of the special sign and commodities and services examined
and approved for use of the special sign, and issue a certificate of
registration of special signs.

    An announcement shall be made by the administrative department for
industry and commerce under the State Council upon registration of the
special sign after examination and approval.

    (2) In cases where the application papers are found to be incomplete or
incorrect, issue a notice of making supplementation or correction for the
application for registration of special signs within ten days from the date
of receipt of the application and meanwhile require the applicant to make
supplementation or correction within fifteen days from the date of receipt of
the notice and, when no supplement or correction has been made within the
time limit or the application papers remain incomplete or incorrect after the
supplementation or correction, issue a notice of non-acceptance of the
application for registration of special signs.

    (3) In cases where the application is found to be in contravention of the
provisions stipulated in Article 4 of these Regulations, issue a notice of
rejection of the application for registration of special signs within fifteen
days from the date of receipt of the application. Applicant who calls in
question the notice of rejection may, within fifteen days from the date of
receipt of the notice of rejection, apply to the administrative department
for industry and commerce under the State Council for reconsideration.

    Notices mentioned in the preceding paragraph shall be served to the
applicants or their agents by the administrative department for industry and
commerce under the State Council. In case of failure of direct service due to
unforeseen reasons, the date twenty days after the date of announcement or
sending by post by the administrative department for industry and commerce
under the State Council shall be construed as the date of service.

    Article 9  The validity of special signs shall be four years, counting
from the date of registration after examination and approval.

    Owners of special signs may apply for extension within three months
before the expiry of validity. The duration of extension shall be determined
by the administrative department for industry and commerce under the State
Council in the light of actual needs and conditions.

    Changes of addresses of the owners of special signs shall be reported to
the administrative department for industry and commerce under the State
Council for record within one month from the date of the change.

    Article 10  Where any special sign already approved for registration
falls under any of the following circumstances, any unit or individual may,
during the period from the date of the announcement of the special sign to
the expiry of its validity, request the administrative department for
industry and commerce under the State Council to declare the registration of
the special sign to be null and void by stating reasons and providing
corresponding evidences:

    (1) It is identical with or similar to any special sign the application
of which precedes;

    (2) It is identical with or similar to any trademark the application of
which for registration precedes or any of those already registered;

    (3) It is identical with or similar to any design the application of
which for patent precedes or any of those which have already acquired the
patent according to law; or

    (4) It results in infringement upon other person's copyright.

    Article 11  The administrative department for industry and commerce under
the State Council shall, within ten days from the date of receipt of the
application for nullifying the registration of special signs, notify the
respondent thereof and require him to give reply within fifteen days from the
date of receipt of the notice.

    The respondent's refusal to give reply or failure to give reply within
the time period set for the reply without justifiable reasons shall be deemed
as abandonment of the right to make reply.

    Article 12  The administrative department for industry and commerce under
the State Council shall make a decision and notify it to the parties
concerned within three months from the date of receipt of the application for
nullifying the registration of special signs; the party refusing to accept
the decision may, within fifteen days from the date of receipt of the notice,
apply to the administrative department for industry and commerce under the
State Council for reconsideration
Chapter III  Use and Protection of Special Signs

    Article 13  Owners of special signs may use the signs on advertisements,
souvenirs and other items related to the non-profit activities and license
others to use the signs on commodities and services as examined and approved
by the administrative department for industry and commerce under the State
Council.

    Article 14  Users of special signs shall be enterprises, institutions,
social organizations and individual businesses established in accordance with
the law.

    Users of special signs shall conclude a written licensing contract with
the owners.

    Users of special signs shall, within one month from the date of the
signing of the contract, submit one copy of the contract to the
administrative department for industry and commerce under the State Council
for filing and submit another copy of the same to the administrative
department for industry and commerce of the people's government at or above
the county level of the place where the user is located for reference.

    Article 15  If any owner or user of a special sign has committed any of
the following acts, the administrative department for industry and commerce
of the people's government at or above the county level of the place where
the owner or user is located or where the act has taken place shall order a
correction and may impose a fine up to 50,000 yuan; if the circumstances are
serious, the administrative department for industry and commerce of the
people's government at or above the county level shall order the user to stop
the use of the special sign, and the administrative department for industry
and commerce under the State Council shall cancel the owner's registration of
the special sign:

    (1) alter the words or designs of the special sign without authorization;

    (2) license other persons to use the special sign without conclusion of
a licensing contract, or users fail to submit the contract, within the time
period prescribed, to the administrative department for industry and commerce
under the State Council for filing or to the administrative department for
industry and commerce of the local people's government at or above the county
level for reference; or

    (3) use the special sign for commodities or services other than those
registered with the approval for the use.

    Article 16  In case of any of the following acts, the administrative
department for industry and commerce of the people's government at or above
the county level shall order the infringer to stop immediately the act of
infringement, confiscate the commodities involved in the infringement as well
as the illegal earnings and impose a fine not exceeding five times the
illegal earnings, or not exceeding 10,000 yuan when there is no illegal
earnings:

    (1) use, without authorization, words or designs or combinations thereof
identical with or similar to any special signs owned by other persons;

    (2) produce or sell special signs or use them in commercial activities
without licensed by the owner; or

    (3) other acts which cause economic loss to the owners of special signs.

    Article 17  Owners and users of special signs may, on discovery of
infringement upon the ownership of or the right to use the special signs,
lodge a complaint with the administrative department for industry and
commerce of the people's government at or above the county level of the place
where the infringer is located or where the act of infringement has taken
place, or directly file a lawsuit with the people's court.

    The administrative department for industry and commerce which accepts
the complaint of special sign infringement shall, at the request of the owner
of the special sign, conduct mediation with respect to civil compensation for
the infringement; the owner of the special sign may file a lawsuit with the
people's court upon failure of the mediation.

    Article 18  The administrative department for industry and commerce which
accepts the case of special sign infringement may, in the investigation and
evidence-gathering, exercise the following powers, and the persons concerned
must provide assistance:

    (1) question the parties concerned;

    (2) inspect the articles related to the infringement activities;

    (3) investigate the acts related to the infringement activities; and

    (4) consult or make copies of contracts, accounting books or other
business records.
Chapter IV  Supplementary Provisions

    Article 19  The schedule of fees for application, announcement and
registration of special signs shall be formulated by the departments of
finance and price control under the State Council in conjunction with the
administrative department for industry and commerce under the State Council.

    Article 20  The forms of the documents of application for registration of
special signs shall be formulated by the administrative department for
industry and commerce under the State Council.

    Article 21  Reference shall be made to the provisions of these
Regulations in the implementation of protection of such signs as the titles,
emblems and mascots used by organizations which are permitted by the State
Council to represent China in international cultural, physical cultural and
scientific research activities.

    Article 22  These Regulations shall enter into force as of the date of
promulgation.


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