Chapter I General Provisions

Article 1
The present Regulation has been enacted on the basis of the Trademark Law of the People's Republic of China (hereafter referred to as the Trademark Law).

Article 2
The provisions of the present Regulation concerning relevant commodities trademarks shall be applicable to service trademarks.

Article 3
The use of trademarks as mentioned in the Trademark Law and the present Regulation refers to affixing trademarks to commodities, commodity packages or containers as well as commodity exchange documents or using trademarks to advertisements, exhibitions and other commercial activities.

Article 4
The "commodities to which registered trademarks must be used according to the provisions of the State" as mentioned in Article 6 of the Trademark Law refers to the commodities to which registered must be used according to the provisions of laws or administrative regulations.

Article 5
According to the provisions of the Trademark Law and the present Regulation, when a dispute arises in the process of trademark registration or trademark appraisal and the relevant party concerned believes that the trademark thereof constitutes a well-known one, he may apply to the corresponding Trademark Office or Trademark Appraisal Committee for recognition and reject the trademark registration application that violates Article 13 of the Trademark Law or cancel the trademark registration that violates Article 13 of the Trademark Law. When filing the application, the party concerned shall submit evidential materials to prove that the trademark
thereof constitutes a well-known trademark.

The Trademark Office or Trademark Appraisal Committee shall, upon the request of the party concerned and on the basis of finding out facts, decide whether the trademark constitutes a well-known trademark or not according to the provisions of Article 14 of the Trademark Law.