ABSTRACT

The Trade Mark Law of The People's Republic of China was adopted at the 24th Session of the Standing Committee of the 5th National Congress on August 23, 1982 and was promulgated as the 10th Decree of the Committee. This law has been put into force since March 1, 1983. For major contents of the Trade Mark Law, readers may refer to the materials listed in this Chapter. Foreigner and foreign enterprises applying for trade mark registration in China shall be treated by reference to the agreements signed between the state of the applicants and the People's Republic of China, or by reference to the international treatries participated by both countries, or by reference to the principle of reciprocity. Here are some of the examples:- 1. Exchange Notes Between China, Belgium, the Netherlands and Luxembourg on the

Mutual Benefit of Trade Mark Registration and Protection (April 10, 1975) 2. Exchange Notes Between China and Greece on the Mutual Protection of Trade Mark

(April 19, 1975) 3. Exchange Notes Between China and France on the Mutual Benefit of Trade Mark

Registration (July 15, 1975) 4. Exchange Notes Between China and New Zealand on the Mutual Benefit of Trade

Mark Registration (July 18, 1975) 5. Exchange Notes Between China and The Federal Republic of Germeny on the Mutual

Benefit of Trade Mark Registration (August 8, 1975) 6. Exchange Notes Between China and Iran on the Mutual Benefit of Trade Mark

Registration (December 15, 1975) 7. Exchange Notes Between China and Thailand on Licensing Rights of Trade Mark

Registration (January 18, 1977) 8. Exchange Notes Between China and Austria on the Mutual Benefit of Trade and

Service Marks Registration (April 4, 1977) 9. Exchange Notes Between China and Spain on the Agreement of Trade Mark

protection (June 10, 1977) 10. Exchange Notes Between China and Japan on Trade Mark Protection Agreement

(September 29, 1977)

Article 1: The present Regulations are established for the purpose of strengthening trade mark administration and encouraging enterprises to ensure and improve the quality of their products.