国务院关于办理商标注册附送证件问题的批复 附：中华人民共和国商标法实施细则（二）

Chapter V Administration of the Use of Trademarks Article 26 Registered trademarks in use shall carry the indication of ZHUCE SHANGBIAO (registered trademark - the editor) or the registration sign of (ZHU) (registered - the editor) or (R)。 Where it

Chapter V Administration of the Use of Trademarks

Article 26 Registered trademarks in use shall carry the indication of ZHUCE SHANGBIAO” (registered trademark - the editor) or the registration sign of (ZHU) (registered - the editor) or (R)。 Where it is inconvenient for a commodity to bear such indications or signs， accompanying packaging or description and other attachments shall be so marked.

Article 27 Where a Certificate of Trademark Registration is lost or damaged， the trademark registrant must apply for resistance thereof. The trademark registrant shall submit an Application for Re issuance of a Certificate of Trademark Registration to the Trademark Office， accompanied by five prototypes of the registered trademark. When a Certificate of Trademark Registration is lost， the trademark registrant shall publish the loss thereof in the Trademark Gazette. A damaged Certificate of Trademark Registration shall be returned to the Trademark Office.

Where any person commits any act of forging or altering a Certificate of Trademark Registration， the local administrative authority for industry and commerce shall， in accordance with the seriousness of the case， impose a fine not exceeding 20，000 RMB Yuan， and shall seize all copies of the forged or altered Certificate of Trademark Registration.

Article 28 Where a person is found to have committed any act referred to in Items (1)， (2) and (3) of Article 30 of the Trademark Law， the administrative authority for industry and commerce shall order the trademark registrant to rectify the situation within a specified period. If the registrant refuses to undertake rectification， the administrative authority for industry and commerce in the relevant location shall submit the case to the Trademark Office for cancellation of the registered trademark.

Article 29 Where any person has committed acts referred to in Item (4) of Article 30 of the Trademark Law， any other interested party may apply to the Trademark Office for cancellation of the registered trademark in question by stating the facts related thereto. The Trademark Office shall notify the trademark registrant and require the registrant to furnish proof of use of said trademark or otherwise state fair reasons for non-use thereof within three months of receipt of said notifications. If the registrant fail to furnish proof of use by the expiration of the specified period， or said proof is invalid， the Trademark Office shall cancel the registered trademark.

Use of a trademark referred to in the preceding paragraph shall include the use of said trademark on the goods themselves， as well packages or containers for said goods， in trade related documents， and use in advertising， exhibitions or any other business activities.

Article 30 Applications filed for the registration of trademarks identical with or similar to a trademark cancelled under the provisions of Article 29 of these Rules in respect to the same or similar goods shall not be subject to the provisions of Article 32 of the Trademark Law.

Article 31 The administrative authority for Industry and Commerce shall order persons who have committed any act outlined in Article 31 and Item (3) of Article 34 of the Trademark Law to rectify the situation within a specified period. In serious cases， said authority shall order the infringing party to carry out a self-examination of said violations， and circulate a notice of criticism. In addition， the authority shall impose a fine not exceeding 20% of the volume of his illegal business， or not exceeding twice the amount of illegal profits; poisonous and harmful goods， or goods with no use value， shall be destroyed; the Trademark Office shall cancel registered trademarks used on such goods in accordance with provisions of the Trademark Law.

Article 32 The administrative authority for industry and commerce shall prohibit any person found to have committed any acts referred to in Item (1) and (2) of Article 34 of the Trademark Law from any form of advertising thereof. In addition， the authority shall seal or seize representations of said trademark and order the infringing party to rectify the situation within a specified period. In accordance with the seriousness of the case， the authority may also circulate a notice of criticism， and may impose a fine not exceeding 20% of the volume of the illegal business.

Article 33 The administrative authority for industry and commerce shall prohibit any person found to have violated the provisions of Article 5 of the Trademark Law from the sale and advertising of the goods in question. The authority shall seal or seize the representations of the trademark， and may， according to the seriousness of the case， impose a fine not exceeding 10% of the volume of the illegal business.

Article 34 No person shall be permitted to engage in illegal activities related to traffic in， printing or reproducing representations of registered trademarks. 在本页浏览全文>>(共计4页) 上一页 1 2 3 4 下一页

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