(Adopted at the 24th meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982, in accordance with the 30th meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993, “on the revision of the Chinese people "The Decision of the Republic of Trademark Law" was amended for the first time; the second revision of the "Decision on Amending the Trademark Law of the People's Republic of China" of the 24th Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001. )
table of Contents
Chapter 1 General Provisions
Chapter II Application for Trademark Registration
Chapter III Review and Approval of Trademark Registration
Chapter IV Renewal, Assignment, and Use of Registered Trademarks
Chapter V Determination of Registered Trademark Disputes
Chapter VI Management of Trademark Use
Chapter VII Protection of the Exclusive Right to Use Registered Trademarks
Chapter VIII Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to strengthen trademark management, protect the exclusive rights of trademarks, promote production and business operators to guarantee the quality of goods and services, and maintain the reputation of trademarks, to protect the interests of consumers and producers and operators, and to promote the development of the socialist market economy. This law.
Article 2 The Trademark Office of the administrative department for industry and commerce under the State Council shall be responsible for the registration and management of trademarks throughout the country.
The administrative department for industry and commerce of the State Council has established a trademark review committee to handle trademark disputes.
Article 3 Trademarks approved by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, and collective trademarks and certification trademarks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
The term "collective mark" as used in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the membership of the user in the organization.
The term "certification mark" as used in this Law refers to an organization controlled by an organization that has the ability to supervise a certain commodity or service, and a unit or individual outside the organization uses its goods or services to prove the origin of the goods or services. Raw materials, manufacturing methods, quality or other specific quality signs.
The special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the administrative department for industry and commerce of the State Council.
Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for registration of the commodity trademark.
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of the service mark.
The provisions of this Law concerning commodity trademarks are leased for service marks.
Article 5 Natural persons, legal persons or other organizations with more than two titles may apply jointly to the Trademark Office for the registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6: The State stipulates that it is necessary to use a registered trademark and must apply for the registration of a trademark. If it has not been approved for registration, it must not be sold in the market.
Article 7 A user of a trademark shall be responsible for the quality of the goods it uses. The administrative departments for industry and commerce at all levels should pass trademark management to defraud consumers.
Article 8 Any visual sign that distinguishes the goods of natural persons, legal persons or other organizations from the goods of others, including words, figures, letters, numbers, combinations of three-dimensional signs and colors, and combinations thereof, may be used as Trademark application registration.
Article 9 The trademark that is applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights that others have obtained earlier.
The trademark registrant has the right to mark "registered trademark" or registration mark.
Article 10 The following signs may not be used as trademarks:
(1) Names, figures, and the same as those of the names, national flags, military flags, and medals of the People's Republic of China that are the same or similar to those of the People's Republic of China;
(2) It is the same as or similar to the country name, national flag, national emblem, or military flag of a foreign country, except that the government of that country agrees.
(3) It is the same as or similar to the name, flag or emblem of an inter-governmental international organization, except where the organization agrees or is not liable to mislead the public;
(4) It is the same as or similar to the official sign indicating the implementation of the control, the guarantee, and the inspection stamp, except as authorized;
(5) The same or similar to the names and signs of the "Red Cross" and "Red Crescent";
(6) It is ethnically discriminatory;
(7) To exaggerate propaganda and be deceptive;
(8) Harmful to socialist morality or other bad influences.
The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may not be used as trademarks. However, place names have other meanings or are used as part of collective marks and certification marks; trademarks that have been registered for use of place names continue to be valid.
Article 11 The following signs may not be registered as trademarks:
(1) only the generic name, graphics, and model of the product;
(2) directly indicating the quality, main raw materials, functions, uses, weights, quantities and other characteristics of the commodities;
(c) lack of distinctive features.
The emblems listed in the preceding paragraph, which have been used to obtain distinctive features and are easily identifiable, may be registered as trademarks.
Article 12 A person who applies for a registered trademark with a three-dimensional logo may not be registered only by the shape of the product itself, the shape of the commodity that is required to obtain the technical effect, or the shape that gives the commodity a substantial value.
Article 13 Where a trademark applied for registration of the same or similar goods is a copy, copy or translation of a well-known trademark that is not registered in China, which may easily lead to confusion, it shall not be registered and prohibited from use.
If a trademark that is not registered with the same or similar product is used to copy, copy or translate a well-known trademark that has already been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be damaged, it shall not be registered and prohibited from use.
Article 14 The following factors shall be taken into account when determining a well-known trademark:
(1) The level of awareness of the trademark by the relevant public;
(b) the duration of use of the mark;
(c) the duration, extent and geographical scope of any promotional work of the mark;
(4) Records of the protection of the mark as a well-known mark;
(5) Other factors that the mark is famous for.
Article 15 Where, without authorization, an agent or representative registers the agent's or agent's trademark in his own name and the agent or the agent raises an objection, he shall not register and prohibit the use of the agent's or agent's trademark.
Article 16 Where there is a geographical indication of a commodity in the trademark, and the commodity does not originate from the area indicated by the symbol, it misleads the public and is not registered and prohibited from use; however, it has continued to be validly registered.
The geographical indication mentioned in the preceding paragraph is an indicator that a certain commodity originates from an area, the specific quality, reputation or other characteristics of the commodity, and the sovereignty is determined by the natural or human factors in the area.
Article 17 Aliens or foreign enterprises that apply for trademark registration in China shall go through the agreements signed by the countries to which they belong and the People's Republic of China, or the international treaties to which they participate, or shall apply in accordance with the principle of reciprocity.
Article 18 Aliens or foreign enterprises that apply for trademark registration and handling other trademark matters in China shall entrust an agency recognized by the state as a qualified trademark agent.
Chapter II Application for Trademark Registration
Article 19 When applying for the registration of a trademark, the category of commodity and the name of the commodity that uses the trademark shall be reported in accordance with the stipulated commodity classification form.
Article 20 Where an applicant for trademark registration applies for registration of the same trademark on different types of commodities, an application for registration shall be filed according to the classification of goods.
Article 21 Where a registered trademark needs to be used on other commodities of the same type, an application for registration shall be filed separately.
Article 22 If a registered trademark needs to change its logo, it shall reapply for registration.
Article 23 If a registered trademark needs to change the name, address or other registered matters of the registrant, it shall file an application for the change.
Article 24 An applicant for trademark registration shall, within six months from the date of the foreign trademark registration application for which the trademark was first filed in a foreign country, be filed in China with the same trademark for the same commodity, in accordance with the foreign country and China. An agreement or a joint international treaty, or in accordance with the principle of mutual recognition of priority, may enjoy priority.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; no written statement is submitted or no application for registration of the trademark is submitted within the time limit Copies of documents are deemed not to claim priority.
Article 25 If a trademark is used for the first time on a commodity exhibited at an international exhibition hosted by or recognized by the Chinese government, the registered applicant of the trademark may enjoy priority within six months from the date of display of the commodity.
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be submitted at the time of filing an application for trademark registration, and within three months, the name of the exhibition on which the goods are to be displayed, the date on which the evidence of the use of the trademark is displayed on the exhibited goods, etc. A certification document; if no written statement is submitted or if the supporting documents are not submitted within the prescribed time limit, it shall be deemed that no priority is claimed.
Article 26 The matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.
Chapter III Review and Approval of Trademark Registration
Article 27 The trademark that is applied for registration shall be preliminary examined and published by the Trademark Office if it complies with the relevant provisions of this Law.
Article 28 The trademark that is applied for registration, if it does not conform to the relevant provisions of this Law or is the same or similar to another person's already registered or preliminarily approved trademark on the same commodity or similar commodity, the Trademark Office rejects the application and no announcement is made. .
Article 29 Where two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, they shall preliminarily examine and announce the application for the prior trademark; Initial approval and announcement of the use of prior trademarks, rejected other applications, will not be announced.
Article 30 For a pre-verified trademark, any person may raise an objection within three months from the date of the announcement. If there is no objection at the expiry of the announcement, the registration shall be approved and a trademark registration certificate shall be issued and an announcement shall be made.
Article 31 The application for registration of a trademark shall not damage the existing prior rights of others, nor shall it preemptively register the trademarks that others have used and have a certain influence on.
Article 32 In the case of a trademark that has been rejected and rejected, the Trademark Office shall notify the trademark registration applicant in writing. If the applicant for trademark registration is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
If the parties are not satisfied with the decision of the Trademark Review and Adjudication Board, they may file a lawsuit in the People's Court within 30 days from the date of receipt of the notification.
Article 33 Where an opposition is filed against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the opponent and the opponent who state the facts and reasons, and shall make a ruling after investigation and verification. If the party is dissatisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notification. The Trademark Review and Adjudication Board shall make a ruling and notify the opponent and the opponent in writing.
If the party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a suit in the People's Court within 30 days from the date of receipt of the notice. The people's court shall notify the counterparty of the trademark review procedure to participate in the proceedings as a third party.
Article 34: If a party fails to apply for a review of the ruling made by the Trademark Office within the statutory time limit or the ruling made by the Trademark Review and Adjudication Board is not brought to the people's court, the ruling shall become effective.
If the ruling is not established, the applicant shall be approved to register, issue a trademark registration certificate, and make an announcement; if the opposition is established, the registration will not be approved.
If the objection is determined that the objection cannot be established and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be counted from the date of the expiry of the first trial announcement of three months.
Article 35 The application for trademark registration and the application for trademark review shall be promptly reviewed.
Article 36 If an applicant for registration of a trademark or a registrant finds that there is any obvious mistake in the trademark application document or registration document, he may apply for correction. The Trademark Office shall make corrections within its terms of reference and notify the parties concerned.
The corrective errors mentioned in the preceding paragraph do not involve the substantive contents of the trademark application documents or registration documents.
Chapter IV Renewal, Assignment, and Use of Registered Trademarks
Article 37 The term of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.
Article 38 If a registered trademark expires and it needs to continue to be used, it shall apply for renewal of registration within six months before the expiration of the registration period; if it fails to file an application during this period, it may grant a grace period of six months. If the application has not been filed yet, the registered trademark shall be cancelled.
Each renewal registration is valid for ten years.
After the renewal registration is approved, an announcement will be made.
Article 39 Where a registered trademark is to be transferred, the assignor and the assignee shall sign a transfer agreement and jointly file an application with the Trademark Office. The assignee should guarantee the quality of the product using the registered trademark.
The registered trademark shall be announced after it has been approved. The assignee has the exclusive right to use the trademark from the date of the announcement.
Article 40 A trademark registrant may, by signing a trademark licensing contract, authorize others to use its registered trademark. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee should guarantee the quality of the goods using the registered trademark.
Where the use of a registered trademark of another person is permitted, the name of the licensee and the origin of the product must be indicated on the goods that use the registered trademark.
The trademark licensing contract shall be filed with the Trademark Office for record.
Chapter V Determination of Registered Trademark Disputes
Article 41 If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law or is obtained by fraud or other improper means, the Trademark Office shall revoke the registered trademark. Other units or individuals may request the Trademark Review and Adjudication Board to rule that the registered trademark be revoked.
If a registered trademark violates Article 13, Article 15, Article 16 and Article 31 of this Law within 5 years from the date of registration of the trademark, the trademark owner or interested party may request the trademark. The jury decided to revoke the registered trademark. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.
Except for the circumstances of the preceding two paragraphs, if there is a dispute concerning a registered trademark, the Trademark Review and Adjudication Board may apply for a ruling within five years from the date of approval of registration of the trademark.
After the Trademark Review and Adjudication Board receives an application for adjudication, it shall notify the relevant parties and submit a reply within a time limit.
Article 42 A trademark that has filed an objection before the approval of the registration and has been adjudicated may no longer apply for a ruling on the same facts and grounds.
Article 43 After the Trademark Review and Adjudication Board has made a decision to maintain or revoke a registered trademark, it shall notify the relevant party in writing.
If the party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit in the People's Court within 30 days from the date of receipt of the notice. The people's court shall notify the counterparty of the trademark determination procedure to participate in the proceedings as a third party.
Chapter VI Management of Trademark Use
Article 44 Where a registered trademark is used and one of the following acts occurs, the Trademark Office shall order it to rectify or cancel its registered trademark within a time limit:
(1) Change the registered trademark on its own;
(2) changing the name, address or other registered matters of the registrant of a registered trademark by himself;
(3) to transfer registered trademarks on their own;
(D) to stop using it for three consecutive years.
Article 45 If a registered trademark is used, its commodities are fabricated, shoddy, and deceived, the industrial and commercial administrative departments at different levels shall, under different circumstances, order them to make corrections within a time limit, and may notify or impose a fine, or may be fined by the Trademark Office. Withdraw its registered trademark.
Article 46 Where a registered trademark is revoked or expires without further renewal, within one year from the date of cancellation or cancellation, the Trademark Office shall not approve an application for trademark registration that is identical or similar to the trademark.
Article 47 In case of violation of the provisions of Article 6 of this Law, the local administrative department for industry and commerce shall order it to apply for registration within a time limit, and may concurrently impose a fine.
Article 48 If an unregistered trademark is used, one of the following acts shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:
(a) posing as a registered trademark;
(2) Violating the provisions of Article 10 of this Law;
(c) shoddy, shoddy, and deceive consumers.
Article 49 If the party refuses to accept the decision of the Trademark Office to cancel the registered trademark, it may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
If the parties are not satisfied with the decision of the Trademark Review and Adjudication Board, they may file a lawsuit in the People's Court within 30 days from the date of receipt of the notification.
Article 50 The fines imposed by the administrative departments for industry and commerce in accordance with the provisions of Articles 45, 47, and 48 of this Law may be subject to the tenth day of receipt of the notice. Within five days, the people's court shall be sued. If the case is not prosecuted and fails to perform, the relevant industrial and commercial administrative department shall apply to the people's court for enforcement.
Chapter VII Protection of the Exclusive Right to Use Registered Trademarks
Article 51 The exclusive right to use a registered trademark shall be limited to the registered trademark and the approved commodity.
Article 52 Whoever commits one of the following acts shall be in violation of the exclusive right to use a registered trademark:
(1) using the same or similar trademark as the registered trademark of the same commodity or similar commodity without the permission of the trademark registrant;
(2) sales of goods that infringe the exclusive right to use registered trademarks;
(3) Forging or arbitrarily manufacturing the logo of another person's registered trademark or selling the trademark of a registered trademark that has been forged or manufactured without authorization;
(4) Replacing its registered trademark with the consent of the trademark registrant and putting the replaced trademark into the market;
(5) Other damages caused by the exclusive right to use another registered trademark.
Article 53 If one of the acts listed in Article 52 of this Law that infringes upon the exclusive right to use a registered trademark causes a dispute, it shall be settled through consultation by the parties; if it is unwilling to negotiate or fails to negotiate, the trademark registrant or interested party may People’s courts may also sue to the administrative department for industry and commerce for prosecution. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to stop the infringement immediately, confiscate and destroy the infringing goods and the tools specially used to make the infringing goods and falsify the registered trademark, and may impose a fine. If the party is dissatisfied with the handling decision, it may file a lawsuit in the People's Court within 15 days from the date of receipt of the notification of handling. Where the infringer does not sue and fails to perform the expiration, the administrative department for industry and commerce may apply to the people. Court enforced. The administrative department of industry and commerce handling the case may mediate the amount of compensation for the infringement of the exclusive right to use the trademark at the request of the parties; if the mediation fails, the parties may file a lawsuit in the People's Court in accordance with the "PRC Civil Procedure Law."
Article 54 The administrative department for industry and commerce shall have the right to investigate and punish infringement of the right to exclusive use of a registered trademark; if it is suspected of committing a crime, it shall be promptly transferred to the judicial authority for processing according to law.
Article 55. The administrative department for industry and commerce at or above the county level may exercise the following powers when investigating suspected violations of the exclusive right to use a registered trademark of another person on the basis of evidence or reports of suspected violations that have already been made:
(1) Ask the relevant person to investigate the circumstances related to the infringement of the exclusive right to use a registered trademark;
(2) to inspect and reproduce the parties' contracts, invoices, account books and other relevant information relating to the infringing activities;
(3) Performing on-site inspections of the places where the parties are suspected of engaging in activities infringing upon the exclusive right of registered trademarks of others;
(4) to inspect articles related to infringement activities; and to seal off or seize items that have evidence of infringement of the exclusive right to use registered trademarks.
When the administrative department for industry and commerce exercises the powers prescribed in the preceding paragraph in accordance with the law, the parties shall provide assistance and cooperation and may not refuse or hinder.
Article 56 The amount of compensation for the infringement of the right to exclusive use of a trademark shall be the amount of the infringer’s interest in the infringement of rights during the period of public rights, or the infringer’s loss in the event of infringement, including the infringer’s infringement of the infringement. The reasonable expenses paid.
If it is difficult to determine the infringer’s interest in infringement as mentioned in the preceding paragraph, or if the infringer’s loss due to infringement is difficult to determine, the People’s Court shall award a compensation of less than RMB 500,000 based on the circumstances of the infringement.
If the sale does not know that it is an infringement of the right to exclusive use of the registered trademark, it can prove that the product was obtained legally by itself and the provider is explained, and does not bear the liability for compensation.
Article 57 If a trademark registrant or interested party has evidence to prove that another person is carrying out or is about to commit an act infringing upon the exclusive right to use a registered trademark, if it is not stopped in time, the lawful rights and interests of the trademark owner will be irreparably damaged. Before the prosecution, it applies to the people's court for measures to order the suspension of relevant acts and property preservation.
The People's Court shall handle the application of the preceding paragraph and shall apply the provisions of Articles 93 to 96 and 99 of the "PRC Civil Procedure Law."
Article 58 In order to prevent infringement, where the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court for preservation of evidence before the prosecution.
After the people's court accepts the application, it must make a ruling within 48 hours; if the ruling decides to adopt preservation measures, it shall begin execution immediately.
The people's court may order the applicant to provide security. If the applicant does not provide guarantee, the application shall be rejected.
If the applicant does not sue for litigation within 15 days after the people’s court adopts the preservation measures, the people’s court shall release the preservation measures.
Article 59 Those who use the same trademark as their registered trademark on the same type of commodity without the permission of the trademark registrant constitute a crime shall be investigated for criminal responsibility in addition to the compensation for the loss of the infringed person.
If a person who forge or unauthorized manufactures a trademark of another person's registered trademark or sells a registered trademark that has been forged or manufactured without authorization constitutes a crime, he shall be prosecuted for criminal liability in addition to the compensation for the loss suffered by the infringed person.
If a person knowingly sells goods that are counterfeit registered trademarks and constitutes a crime, he shall be prosecuted for criminal responsibility in addition to compensation for the losses of the infringed.
Article 60: The staff of state organs engaged in trademark registration, management, and review must enforce the law impartially, be honest, disciplined, loyal, and civilized.
The Trademark Office, the Trademark Review and Adjudication Board, and the staff of state organs engaged in trademark registration, management, and review shall not engage in trademark agency business and commodity production and business activities.

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