Chapter VI Administrative Control of the Use of Trademarks

Article 44 Where a trademark user commits any of the following acts, the Trademark Office shall order it to rectify the situation within a time limit or revoke the registered trademark:

(1)altering the registered trademark by himself;

(2)altering the name, address, or other particulars in the registration by himself;

(3)assigning the trademark by himself; or

(4)ceasing the use of the registered trademark for three consecutive years.

Article 45 If registered trademarks are used on coarsely manufactured goods that are passed off as quality goods, thus deceiving consumers, the administrative departments for industry and commerce at various levels shall, on the merits of each case, order rectification of the situation within a time limit and may, in addition, circulate a notice on the matter or impose a fine, or the Trademark Office may revoke the registered trademarks.

Article 46 If a registered trademark is revoked or is not renewed at the expiration of its period of validity, the Trademark Office shall not approve any application for the registration of a trademark identical with or similar to the said trademark within one year from the date it is revoked or cancelled.

Article 47 In the event of a violation of the provisions of Article 5 of this Law, the local administrative department for industry and commerce shall order the violator to file an application for registration within a time limit and may, in addition, impose a fine.

Article 48 Where a person commits any of the following acts by using an unregistered trademark, the local administrative department for industry and commerce shall stop him from using the trademark, order him to make rectification within a time limit and may, in addition, circulate a notice on the matter or impose a fine:

(1) passing off the trademark as a registered one;

(2) violating the provisions of Article 8 of this Law; or

(3) using the trademark on coarsely manufactured goods that are passed off as quality goods, thus deceiving consumers.

Article 49 Where a party is dissatisfied with the decision made by the Trademark Office to revoke his registered trademark, he may, within 15 days from the date the notification is received, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

Where the party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may, within 30 days from the date the notification is received, bring a suit in a People's Court.

Article 50 Where the party is dissatisfied with the decision made by the administrative department for industry and commerce to impose a fine under Article 45, 47, or 48 of this Law, he may, within 15 days from the date the notification is received, bring a suit in a People's Court. If the party neither brings a suit at the expiration of the time limit nor complies with the decision, the administrative department for industry and commerce concerned shall request the People's Court to enforce the decision.