The Implementing Regulations on the Trademark Law were promulgated on 3 Aug. 2002, and amended in 2014. The latest revision entered into force on 1 May 2014.
There are 98 articles in total, which aim to regulate how the government handles trademark matters.
The Regulations are divided into ten chapters: General Provisions, Application for Trademark Registration, Examination of Trademark Registration Application, Change, Transfer and Renewal of Registered Trademark, International Trademark Registration, Trademark Review, Administration of Trademark Use, Protection of Exclusive Rights to Use Registered Trademark, Trademark Agency and Supplementary Provisions.
The key points are as follows:
In applying for trademark registration or handling other trademark matters, the Chinese language shall be used.
If the applicant for trademark registration or the transferee for trademark is a foreign individual or a foreign enterprise, the applicant or the transferee shall designate a recipient in China for receiving the legal documents of the Trademark Bureau and the Trademark Review and Adjudication Board for the subsequent trademark matters.
When a party entrusts a trademark agency to apply for trademark registration or handle other trademark matters, a power of attorney shall be submitted. The notarization and authentication procedures for the power of attorney of foreign individuals or foreign enterprises and the relevant supporting documents shall be handled in accordance with the principle of reciprocity.