商标法 2013英文 - 修改对照(3)

Article 15 Article 15 Revised Where the agent or representative of the owner of a trademark applies for Where the agent or representative of the owner of a trademark applies for registering the trademark in his own name without authorization and the owner registering the trademark in his own name without authorization and the owner of the trademark has raised an opposition against the same, such a trademark of the trademark has raised an opposition against the same, such a trademark shall not be allowed for registration and shall be forbidden from practical use. shall not be allowed for registration and shall be forbidden from practical use. Where a trademark applied for registration is identical with or similar to another person’s prior used but yet unregistered trademark, in respect of same or similar goods, and the applicant has contractual or business contacts, or other relations other than those prescribed by the preceding paragraph, with the prior trademark user so that the applicant definitely knows the existence of this person’s trademark, if this person files an opposition, the applied trademark shall not be registered. Article 16 Article 16 Untouched Where a trademark has a geographical sign of the designated goods which Where a trademark has a geographical sign of the designated goods which do not originate from the place where the geographical sign indicates and is do not originate from the place where the geographical sign indicates and is likely to mislead the public, such a trademark shall not be allowed for likely to mislead the public, such a trademark shall not be allowed for registration and shall be forbidden from practical use. However, where such a registration and shall be forbidden from practical use. However, where such a trademark has been approved and registered out of goodwill, it shall continue to trademark has been approved and registered out of goodwill, it shall continue to be valid. be valid. The geographical sign mentioned in the preceding article refers to the The geographical sign mentioned in the preceding article refers to the specific sign indicating the origin, specific quality, prestige or other features of specific sign indicating the origin, specific quality, prestige or other features of the designated goods and mainly decided by the natural factors or humanistic the designated goods and mainly decided by the natural factors or humanistic factors of the district. factors of the district. Part of Article 6 of Implementing Regulation of Trademark Law（2002） The geographical signs prescribed in Article 16 of the Trademark Law can be applied for registration as certification marks or collective marks according to the provisions of the Trademark Law and these Implementing Regulations. Article 17 Article 17 Untouched Where any foreign citizen or enterprise applies for registration of a Where any foreign citizen or enterprise applies for registration of a trademark in China, the application shall be handled in accordance with any trademark in China, the application shall be handled in accordance with any agreement concluded between the country to which the applicant belongs and agreement concluded between the country to which the applicant belongs and the People’s Republic of China, or any international treaty to which both the People’s Republic of China, or any international treaty to which both countries are members, or on the basis of the principle of reciprocity. countries are members, or on the basis of the principle of reciprocity. Article 12 of Implementing Regulation of Trademark Law（2002） Trademark applications for international registration shall be handled in accordance with the relevant international treaty of which China is a member. Specific procedures shall be formulated by the administrative department for industry and commerce under the State Council. Article 18 Article 18 Revised Where any foreign citizen or enterprise applies for registration of a The application for trademark registration or other trademark trademark or has other trademark matters to attend to in China, he or it shall related matters may be handled by the applicant by himself, or through a entrust a State-designated trademark agency with qualifications for foreign-trademark agency established by law. related trademark affairs to act on his or its behalf. Where any foreign citizen or enterprise applies for registration of a trademark or has other trademark matters to attend to in China, he or it shall entrust a State-designated trademark agency with qualifications for foreign-related trademark affairs established by law to act on his or its behalf. Article 19, newly added in this version Trademark agency shall act in good faith and abide by relevant laws and administrative regulations. Trademark agency shall handle the application for trademark registration and other trademark related matters as per the clients’ requests. Trademark agency is obligated to keep the confidentiality of the client’s business secrets whichever it comprehends during the process of representation. Trademark agency is obligated to advise its client wherever his applied trademark may fall under one of the non-registrable circumstances, as prescribed by this Law. Trademark agency is forbidden to represent the client where it knows or should know the trademark to be filed for registration by such client falls under the circumstances prescribed in Article 15 or Article 32 of this Law. Trademark agency is forbidden to file in its own name the application for registration of trademarks on anything else other than its services rendered. Article 20, newly added The industry association of trademark agency shall rigorously carry out the requirement for membership enrollment and take disciplinary action against those members in violation of the code of ethics in compliance with the association regulations. The industry association of trademark agency shall announce to the public the members enrolled and those disciplined in time. Article 12 of Implementing Regulation of Trademark Law（2002） Article 21 Trademark applications for international registration shall follow the rules established by the relevant international treaty concluded or acceded to by the Trademark applications for international registration shall be handled in People’s Republic of China. Specific procedures shall be formulated by the accordance with the relevant international treaty of which China is a member. Specific procedures shall be formulated by the administrative department for administrative department for industry and commerce under the State Council. industry and commerce under the State Council. Chapter II Application for Trademark Registration Article 19 Chapter II Application for Trademark Registration Article 22 Revised An applicant for the registration of a trademark shall, in a form, indicate, An applicant for the registration of a trademark shall, in a form, indicate, in in accordance with the prescribed classification of goods, the class of the goods accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be and the designation of the goods in respect of which the trademark is to be used. used. An applicant for the registration of a trademark may file one application for the same trademark covering goods in several classes. Article 20 The documents pertaining to an application for trademark registration and so forth may be submitted in writing or in data message. Where any trademark applicant intends to apply for registration of a trademark in respect of goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods. Article 21 Article 23 Revised