神秘内容 Loading...

  Article 29. Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published. (来源:EnglishCN.com)

  Article 30. Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed at the expiration of the expiration of the specified period, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.

  Article 31. No trademark application shall infringe upon another party's existing prior rights. Nor shall an applicant register in an unfair means a mark that is already in use by another party and has certain influence.

  Article 32. Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant of the same in writing.

  Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may within 30 days from receipt of the corresponding notice, institute legal proceedings with the people's court.

  Article 33. Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and the opposed state facts and grounds, and shall, after investigation and verification, make a ruling. Where any party is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a ruling and notify both the opponent and the opposed in writing.

  Where any interested party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he or it may, within 30 days from the receipt of the notice, institute legal proceedings with the people's court. The People's Court shall notify the other party in the trademark review proceedings to be a third party to the litigation.

  Article 34. Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication by the Trademark Office or does not institute legal proceedings in respect of the adjudication by the Trademark Review and Adjudication Board, the adjudication takes effect.

  If it is decided that the opposition is not justified, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.

  Where it is decided that the opposition is not justified and the mark shall be registered, the date on which the applicant acquires the mark's exclusive right of use shall be counted from the day three months after it's preliminary publication.

  Article 35. Application for trademark registration and trademark registration review shall be examined without delay.

  Article 36. Where a trademark applicant or trademark registrant finds an obvious error in the documents of application or registration, he or it may apply to have it corrected. The Trademark Office shall ex officio make corrections in accordance with law and notify the party concerned.

  The correction of errors provided in the preceding paragraph shall not involve substantive matters in the application or registration documents.

  Chapter IV. Renewal, Assignment and Licensing of Registered Trademarks

  Article 37. The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

  Article 38. Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.

  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 assigned, the assignor and assignee shall sign an agreement for the 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 enjoy the exclusive right to use the mark from the date of publication.

  Article 40. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his or its registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.

  Where any party is authorized to use a registered trademark of another party, the name of the licensee and the 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 record.

  Chapter V. Adjudication of Disputes Concerning Registered Trademarks

  Article 41. Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and 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 Articles 13, 15, 16 and 31 of this Law, the owner of the mark 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 such a registered trademark.

  Where a registration was obtained in bad faith, the owner of a well-known trademark shall not be bound by the five-year limitation.

  In addition to those cases as provided in the preceding two paragraphs, a prior registrant disputing a registered trademark may, within five years from the date of approval of the trademark 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 parties concerned and request them to respond with arguments within a specified period.

  Article 42. Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.

  Article 43. After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the parties concerned of the same in writing.

  Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within thirty days from receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall notify the other party in the trademark adjudication proceeding to be a third party to the litigation.

  Chapter VI. Administration of the Use of Trademarks

  Article 44. Where any person who uses a registered trademark has committed any of the following acts, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:

  (1) where a registered trademark is altered unilaterally (that is, without the required registration);

  (2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);

  (3) where the registered trademark is assigned unilaterally (that is, without the required approval);

  (4) where the use of the registered trademark has ceased for three consecutive years.

  Article 45. Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.

  Article 46. Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.

 
神秘内容 Loading...

你可能对下面的文章也感兴趣:

·汽车金融公司管理办法(英文版)Administrative Rul
·中国法制体系(英汉对照)PRC legal system
·中华人民共和国民法通则(中英双语)CIVIL LAW
·外商投资国际海运业管理规定(中英对照)PROVISIONS
·外资保险公司管理条例实施细则(英文版)Administra
·国务院信访条例(英文版) Regulations on Letters
·“黑市”一词-black market
·“法人”的英译
·英汉对照法律文书(1)
·英汉对照法律文书(2)

共6页: 上一页 [1] [2] [3] 4 [5] [6] 下一页
上一篇:汽车金融公司管理办法(英文版)Administrative Rules Governing the Auto Financing Company  
下一篇:中国建设银行银企合作协议(中、英文参考文本)Coorperation Agreement
[返回顶部] [打印本页] [关闭窗口]