
Article 57: Where a registrant, in the course of using a registered trademark, alters the trademark, its own name or address, or other registered particulars without authorisation, the trademark law enforcement authority shall order rectification within a prescribed period; failure to do so shall result in a fine of up to RMB 50,000; where the circumstances are serious, the China National Intellectual Property Administration (CNIPA) shall revoke the registered trademark.
Where a registered trademark has become the generic name of the goods for which it is registered, or has not been used for three consecutive years without justified reason, any entity or individual may apply to CNIPA for revocation of the registered trademark. CNIPA shall decide within nine months of receiving the application; in special circumstances the period may be extended by three months with the approval of its head.
Where a registered trademark falls under the preceding paragraph, CNIPA may revoke it. Specific measures shall be formulated by CNIPA.
The amendment upgrades trademark administration from “passive examination” to “active governance”, empowering the authority to revoke a trademark of its own motion …
