Laws of the People's Republic of China

CIRCULAR OF THE STATE ADMINISTRATION FOR
INDUSTRY AND COMMERCE, STATE ECONOMIC
COMMISSION, MINISTRY OF FOREIGN ECONOMIC
RELATIONS AND TRADE AND MINISTRY OF
AGRICULTURE, ANIMAL HUSBANDRY AND FISHERY
GOVERNING SOME SUGGESTIONS ON THE ADOPTION
OF THE NON-REGISTERED TRADEMARKS

  (April 29, 1985)

SUBJECT: TRADEMARK; INTELLECTUAL PROPERTY

ISSUING-DEPT: STATE ADMINISTRATION OF INDUSTRY & COMMERCE

ISSUE-DATE: 04/29/1985

IMPLEMENT-DATE: 04/29/1985

LENGTH: 389 words

TEXT:

With the continuous development of the commodity economy, quite a number of producers and businessmen have been adopting the non-registered trademarks for some commodities whose production has not been stabilized and whose models have not been finalized, or for some small commodities which are locally manufactured and sold, while they are attaching importance to the adoption of the registered trademarks.g This practice does not violate the voluntary principles of registering trademarks, which are provided in the "Trademark Law of the People's Republic of China", and benefit the invigoration of the economy.g However, some local government departments concerned have laid down certain restrictions on the adoption of the non-registered trademarks, thus forcing the producers and businessmen to apply for an interim and urgent registration.g In addition, some of the producers and businessmen are not yet clear about how to adopt the non-registered trademarks appropriately.g For these reasons, some suggestions on the adoption of the non-registered trademarks are specially made as follows:

(1) Except medicines and cigarettes which shall be subject to the adoption of the registered trademarks in accordance with the government regulations, all commodities shall be allowed to adopt the non-registered trademarks.

(2) The adoption of the non-registered trademarks shall not violate the provisions of the "Trademark Law of the People's Republic of China", i.e., they shall not use words and designs identical with or similar to the registered trademarks in respect of the same or similar goods; the counterfeit registered trademarks shall not be adopted (including the unauthorized adoption of the registered trademarks); the words and designs which the "Trademark Law of the People's Republic of China" prohibits to be used as trademarks shall not be adopted; commodities shall not be roughly and poorly manufactured; the superior quality shall not be replaced by interior quality, so that consumers are conceived.g Any violators shall be dealt with in accordance with the relevant provisions of the "Trademark Law of the People's Republic of China".

(3) The commodities which legally adopt the non-registered trademarks shall be allowed to be manufactured, sold, exported and sent to a competition of quality products.