Chapter I General provisions

Article 1 This Law is enacted for the purpose of strengthening the administration of trademarks, protecting the exclusive right to use trademarks, and encouraging producers and operators to ensure the quality of their goods and services and maintain the reputation of their trademarks, so as to protect the interests of consumers and producers and operators and promote the development of the socialist market economy.

Article 2 The Trademark Office of the administrative department for industry and Commerce under The State Council shall be responsible for the registration and administration of trademarks throughout the country.

The administrative department for industry and commerce under The State Council shall establish a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3 A trademark that has been approved and registered by the Trademark Office shall be a registered trademark, including a trademark for goods, a service mark, a collective mark and a certification mark. The trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law.

The term "collective trademark" as used in this Law refers to a mark registered in the name of a group, association or other organization and used by the members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification mark" as used in this Law refers to a mark which is controlled by an organization that has the ability to supervise a certain commodity or service and used by a unit or individual other than that organization on its commodity or service to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.

The special matters concerning the registration and administration of collective trademarks and certification marks shall be formulated by the administrative department for industry and commerce under The State Council.

Article 4 Any natural person, legal person or other organization that, in the course of its production or business activities, needs to obtain the right to exclusive use of a trademark for its goods or services shall apply to the Trademark Office for trademark registration. Any malicious application for trademark registration not intended for use shall be rejected.

The provsions of this Law concerning commodity marks shall apply to service marks.

Article 5 Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for the registration of the same trademark and jointly enjoy and exercise the right to exclusive use of the trademark.

Article 6 An application for trademark registration must be filed for any goods for which a registered trademark must be used in accordance with laws or administrative regulations. Without approval of the registration, the goods may not be sold on the market.

Article 7 In applying for the registration and use of a trademark, the principle of good faith shall be followed.

The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark administration, stop any act of deceiving consumers.

Article 8 Any mark capable of distinguishing the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be applied for registration as a trademark.

Article 9 A trademark for which an application has been filed for registration shall have distinctive features so that it can be easily identified and shall not conflict with the lawful rights previously acquired by others.

A trademark registrant shall have the right to indicate a "registered trademark" or a registration mark.

Article 10 e following marks may not be used as trademarks:

(1) those identical with or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military song, MEDALS, etc. of the People's Republic of China, as well as those identical with the names and emblems of central state organs, the names of specific places where they are located, or the names and graphics of landmark buildings;

(2) those identical with or similar to the state name, national flag, national emblem or military flag of a foreign country, except with the consent of the government of that country;

(3) those identical with or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or those that are not likely to mislead the public;

(4) those identical with or similar to official marks or inspection marks indicating the implementation of control and guarantee, except those authorized;

(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;

(6) acts of ethnic discrimination;

(7) deceptive, easy to cause the public to misidentify the quality and other characteristics of the commodity or the origin;

(8) those that are harmful to socialist morals and customs or have other adverse effects.

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, the geographical name has other meanings or is used as part of a collective trademark or certification mark, except; Registered trademarks using geographical names shall continue to be valid.

Article 11 The following marks may not be registered as trademarks:

(1) having only the generic name, pattern or model of the commodity;

(2) directly expressing the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the commodity;

(3) those lacking other distinctive characteristics.

The marks listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easy to identify.

Article 12 Where an application is made for the registration of a trademark with a three-dimensional mark, the shape of the goods produced solely by the nature of the goods themselves, the shape of the goods necessary to obtain a technical effect, or the shape of the goods with substantial value shall not be registered.

Article 13 Where the holder of a trademark that is well known to the relevant public considers that its rights have been infringed, it may request protection of a well-known trademark in accordance with the provisions of this Law.

Where a trademark applied for registration in respect of identical or similar goods is a reproduction, imitation or translation of another person's well-known trademark that has not been registered in China and is likely to cause confusion, it shall not be registered and shall be prohibited from use.

Where a trademark applied for registration in respect of a different or dissimilar commodity is a reproduction, imitation or translation of another person's well-known trademark already registered in China, which misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and shall be prohibited from use.

Article 14 A well-known trademark shall, at the request of the parties, be recognized as a fact to be recognized in the handling of a case involving a trademark. The following factors shall be taken into account in determining a well-known trademark:

(a) the degree of public awareness of the trademark;

(2) the duration of use of the trademark;

(3) the duration, extent and geographical scope of any publicity of the trademark;

(4) Records of the protection of the trademark as a well-known trademark;

(5) Other factors for which the trademark is well-known.

Where, in the course of the examination of trademark registration or the investigation and investigation of a trademark violation case by the administrative department for industry and commerce, a party claims his rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, in light of the needs of the examination and handling of the case, make a determination of the well-known status of the trademark.

In the course of handling a trademark dispute, where the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, as required by the handling of the case, make a determination as to the well-known status of the trademark.

In the course of trial of a trademark civil or administrative case, where the parties claim their rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the trial of the case, make a determination as to the well-known status of the trademark.

Producers and business operators may not use the words "well-known trademarks" on commodities, packaging or containers of commodities, or in advertising, exhibitions or other commercial activities.

Article 15 Where, without authorization, an agent or representative registers the trademark of the principal or the represented in his own name, and the principal or the represented raises an objection, the registration shall not be granted and the use shall be prohibited.

Where a trademark applied for registration in respect of the same kind of goods or similar goods is identical with or similar to an unregistered trademark previously used by another person, and the applicant has a contractual, business or other relationship with the other person other than those provided for in the preceding paragraph, and knows that the trademark of the other person exists, and the other person raises objections, no registration shall be granted.

Article 16 Where a trademark contains a geographical indication of a commodity and the commodity does not originate from the region indicated by the mark, thus misleading the public, it shall not be registered and shall be prohibited from use; However, registration that has been obtained in good faith continues to be valid.

The geographical indication mentioned in the preceding paragraph is a sign indicating that a commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region.

Article 17 Where a foreigner or a foreign enterprise applies for trademark registration in China, the application shall be handled in accordance with an agreement concluded between the country to which the foreigner belongs and the People's Republic of China or an international treaty to which both countries are parties, or in accordance with the principle of reciprocity.

Article 18 An application for trademark registration or other trademark matters may be handled by itself, or it may entrust a trademark agency established according to law to handle the matter.

Where a foreigner or foreign enterprise applies for trademark registration or handles other trademark matters in China, it shall entrust a trademark agency established according to law to handle the matter.

Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by its principal. The principal shall have the obligation to keep confidential the trade secrets that he or she has come to know in the course of the agency.

Where a client applies for registration of a trademark that may not be registered under the provisions of this Law, the trademark agency shall clearly inform the client.

Where a trademark agency knows or should know that the trademark applied for registration by a client falls within the circumstances provided for in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.

Trademark agencies shall not apply for the registration of other trademarks except for trademark registration for their agency services.

Article 20 Trademark agency trade organizations shall, in accordance with the provisions of the articles of association, strictly implement the conditions for membership, and punish members who violate the self-discipline norms of the industry. The trade organization of trademark agency shall, in a timely manner, publish to the public the situation of the members it has absorbed and the punishment imposed on its members.

Article 21 The international registration of trademarks shall follow the system established by the relevant international treaties concluded or acceded to by the People's Republic of China. The specific measures shall be formulated by The State Council.

Chapter II Application for Trademark registration

Article 22 An applicant for trademark registration shall, in accordance with the prescribed list of classification of commodities, report the class and name of the commodities in which the trademark is to be used, and file an application for registration.

An applicant for trademark registration may apply for the registration of the same trademark in respect of multiple classes of goods through one application.

An application for trademark registration and other relevant documents may be submitted in writing or by electronic message.

Article 23 Where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the scope of approved use, a separate application for registration shall be filed.

Article 24 Where the mark of a registered trademark needs to be changed, a new application for registration shall be filed.

Article 25 Where an applicant for trademark registration files another application for trademark registration in China with respect to the same trademark for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement concluded between that foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority rights.

Where a right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made when the application for trademark registration is filed, and a copy of the application documents for trademark registration first filed shall be submitted within three months; Where a written declaration is not made or a copy of the application for trademark registration is not submitted within the time limit, the right of priority shall not be claimed.

Article 26 Where a trademark is used for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy the right of priority within six months from the date the goods are displayed.

Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing the application for trademark registration, and within three months, the name of the exhibition in which the goods are displayed, evidence of the use of the trademark on the goods on display, the date of exhibition and other supporting documents shall be submitted; Those who fail to make a written declaration or submit supporting documents within the time limit shall be deemed to have not claimed the right of priority.

Article 27 The matters declared and the materials provided in the application for trademark registration shall be true, accurate and complete.

Chapter III Examination and approval of trademark registration

Article 28 The Trademark Office shall, within nine months from the date of receipt of the trademark registration application documents, complete the examination of a trademark, and if it complies with the relevant provisions of this Law, issue a preliminary examination and approval announcement.

Article 29 In the course of examination, where the Trademark Office considers that the contents of the application for trademark registration need to be explained or amended, it may require the applicant to make such explanation or amendment. Where the applicant fails to make an explanation or amendment, it shall not affect the Trademark Office's decision on examination.

Article 30 Where a trademark for which registration has been applied is not in conformity with the relevant provisions of this Law or is identical with or similar to another person's trademark that has been registered or has been preliminatively approved in respect of the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 31 Where two or more applicants for trademark registration apply for registration of identical or similar trademarks in respect of the same or similar goods, the trademark which was filed earlier shall be preliminarily examined and approved and published. Where the application is filed on the same day, the trademark that was first used shall be preliminatively examined and approved and published, and the application of others shall be rejected and not published.

Article 32 An application for trademark registration may not prejudice the existing prior rights of another person, nor may it preempt the registration of a trademark that has already been used by another person and has certain influence by unfair means.

Article 33 Where, within three months from the date of the publication of a trademark after preliminary examination and approval, the prior right holder or interested party considers that the provisions of Article 13, paragraph 2 and paragraph 3, Article 15, paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law have been violated, Any person who considers that the provisions of Article 4, Article 10, Article 11, Article 12 or paragraph 4 of Article 19 of this Law have been violated may file an objection with the Trademark Office. Where there is no objection after the expiration of the period of public announcement, the registration shall be approved, the trademark registration certificate shall be issued, and the trademark shall be published.

Article 34. With respect to a trademark whose application has been rejected or whose publication has not been made, the Trademark Office shall notify the applicant for trademark registration in writing. Where the applicant for trademark registration is dissatisfied, he may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receipt of the notification. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a decision and notify the applicant in writing. If an extension is necessary under special circumstances, it may be extended by three months with the approval of the administrative department for industry and commerce under The State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification.

Article 35 Where an opposition is filed to a trademark published after preliminary examination and approval, the Trademark Office shall hear the facts and reasons stated by the opposing party and the opposing party, and, after investigation and verification, make a decision on whether to grant registration within 12 months from the date of expiration of the publication, and notify the opposing party and the opposing party in writing. If an extension is necessary under special circumstances, it may be extended by six months with the approval of the administrative department for industry and commerce under The State Council.

Where the Trademark Office makes a decision to grant registration, it shall issue a trademark registration certificate and make a public announcement. If the opponent refuses to accept, he may do so in accordance with Article 44 of this Law.

Article 45: Request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Where the Trademark Office has made a decision not to register, and the opposing party is dissatisfied with the decision, it may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receipt of the notification. The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a decision on the review and notify the opposing party and the opposed party in writing. If an extension is necessary under special circumstances, it may be extended by six months with the approval of the administrative department for industry and commerce under The State Council. If the opponent is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receipt of the notification. The people's court shall notify the opponent to participate in the proceedings as a third party.

The Trademark Review and Adjudication Board may suspend the review if, in the course of the review in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the outcome of another case being tried by the people's court or being handled by the administrative organ. After the reasons for the suspension have been eliminated, the review procedure shall be resumed.

Article 36 At the expiration of the statutory time limit, where the party concerned does not apply for a review of the decision of the Trademark Office to reject the application or the decision of not registering the trademark, or does not bring a suit in a people's court against the review decision of the Trademark Review and Adjudication Board, the decision of rejecting the application, the decision of not registering the trademark or the decision of reviewing the application shall take effect.

For a trademark whose registration is granted if the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be counted from the date on which the announcement of the preliminary examination and approval expires within three months. From the date of expiration of the publication of the trademark until the decision to grant registration is made, the use of the same or similar marks on the same or similar goods by others shall not be retroactive; However, any loss caused to the trademark registrant by the malicious intent of the user shall be compensated.

Article 37 An application for trademark registration and an application for trademark reexamination shall be examined in a timely manner.

Article 38 Where an applicant for trademark registration or a registrant finds obvious errors in the trademark application documents or registration documents, it may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.

Chapter IV Renewal, alteration, assignment and licensing of registered trademarks

Article 39 The term of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

Article 40 Where a registered trademark needs to continue to be used after the expiration of the term of validity, the trademark registrant shall, within 12 months prior to the expiration, go through the formalities for renewal in accordance with relevant provisions; If it fails to do so within this period, an extension period of six months may be granted. Each renewal of the registration shall be valid for ten years, counting from the day after the expiration of the previous term of validity of the trademark. Where no renewal procedure has been completed at the expiration of the time limit, the registered trademark shall be cancelled.

The Trademark Office shall publish the trademark whose registration has been renewed.

Article 41 Where a registered trademark needs to change the name, address or other registered matters of the registrant, an application for change shall be filed.

Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

Where a registered trademark is transferred, the trademark registrant shall transfer its similar trademarks registered on the same kind of goods, or the same or similar trademarks registered on similar goods.

Where the transfer is likely to cause confusion or have other adverse effects, the Trademark Office shall not approve it, and shall notify the applicant in writing with reasons.

After the transfer of a registered trademark has been approved, it shall be published. The assignee shall enjoy the right to exclusive use of the trademark from the date of the announcement.

Article 43 A trademark registrant may, by signing a trademark licensing contract, license another person to use its registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used.

Where a person is licensed to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods on which the registered trademark is used.

Where another person is licensed to use its registered trademark, the licensor shall file the trademark license with the Trademark Office for the record, and the Trademark Office shall publish it. The trademark license shall not be used against a bona fide third party without filing.

Chapter V Invalidation of registered trademarks

Article 44 Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 or paragraph 4 of Article 19 of this Law, or where the registration has been obtained by deception or any other unfair means, the Trademark Office shall invalidate the registered trademark. Any other entity or individual may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to invalidate a registered trademark, it shall notify the parties in writing. If the party concerned is not satisfied with the decision of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receipt of the notification. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a decision and notify the parties in writing. If an extension is necessary under special circumstances, it may be extended by three months with the approval of the administrative department for industry and commerce under The State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification.

Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board, upon receipt of the application, shall notify the parties concerned in writing and shall, within a time limit, file a defense. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If an extension is necessary under special circumstances, it may be extended by three months with the approval of the administrative department for industry and commerce under The State Council. If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification. The people's court shall notify the other party to the trademark adjudication procedure to participate in the lawsuit as a third party.

Article 45 Where a registered trademark violates the provisions of the second and third paragraphs of Article 13, the first paragraph of Article 15, the first paragraph of Article 16, Articles 30, 31 or 32 of this Law, the prior right holder or an interested party may, within five years from the date of registration of the trademark, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.

After receiving an application for invalidation of a registered trademark, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and shall, within a time limit, file a defense. The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If an extension is necessary under special circumstances, it may be extended by six months with the approval of the administrative department for industry and commerce under The State Council. If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification. The people's court shall notify the other party to the trademark adjudication procedure to participate in the lawsuit as a third party.

In the course of examining the request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case being tried by a people's court or handled by an administrative organ. After the reasons for the suspension have been eliminated, the review procedure shall be resumed.

Article 46 At the expiration of the statutory time limit, where the parties have not applied for a review of the decision of the Trademark Office invalidating a registered trademark, or have not brought a suit in a people's court against the review decision of the Trademark Review and Adjudication Board, or the ruling on maintaining or invalidating a registered trademark, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

Article 47 A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be published by the Trademark Office, and the right to exclusive use of the registered trademark shall be deemed to have ceased to exist from the beginning.

The decision or ruling on the invalidation of a registered trademark shall not have retrospective effect on the judgments, rulings and conciliation statements of trademark infringement cases made and executed by the people's court before the invalidation, the decisions on the handling of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark assignment or licensing contracts that have been performed. However, the loss caused to others due to the bad faith of the trademark registrant shall be compensated.

If the trademark infringement compensation, trademark transfer fee or trademark usage fee is not returned in accordance with the provisions of the preceding paragraph, and the principle of fairness is obviously violated, it shall be returned in whole or in part.

Chapter VI Administration of Trademark use

Article 48 "Use of a trademark" as used in this Law means the use of a trademark on a commodity, on a commodity package or container, or on a commodity transaction document, or the use of a trademark in advertising, exhibition or other commercial activities to identify the source of a commodity.

Article 49 Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name, address of the registrant or any other registered matter on its own initiative, the local administrative department for industry and commerce shall order it to make corrections within a prescribed time limit; If it fails to make corrections within the time limit, the Trademark Office shall cancel its registered trademark.

Where a registered trademark becomes the generic name of the goods approved for use by it or is not used for three consecutive years without justifiable reasons, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If an extension is necessary under special circumstances, it may be extended by three months with the approval of the administrative department for industry and commerce under The State Council.

Article 50 Where a registered trademark is revoked, invalidated, or is not renewed upon expiration, 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 of the cancellation, invalidation, or cancellation.

Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a specified time limit. If the amount of his illegal business is more than 50,000 yuan, he may be imposed a fine of not more than 20 percent of the amount of his illegal business, with no illegal business or less than 50,000 yuan

Article 52 Where an unregistered trademark is used as a registered trademark, or where an unregistered trademark is used in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it and make corrections within a specified time limit, and may notify it. Where the amount of illegal business is 50,000 yuan or more, a fine of not more than 20 percent of the amount of illegal business may be imposed. If there is no illegal business or the amount of illegal business is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 53 Whoever violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections and imposed a fine of 100,000 yuan by the local administrative department for industry and commerce.

Article 54 Any party dissatisfied with the decision of the Trademark Office to revoke or not to revoke a registered trademark may, within 15 days from receipt of the notification, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a decision and notify the parties in writing. If an extension is necessary under special circumstances, it may be extended by three months with the approval of the administrative department for industry and commerce under The State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification.

Article 55 Where the party concerned does not apply for a review of the decision made by the Trademark Office to revoke a registered trademark or does not bring a suit in a people's court against the review decision made by the Trademark Review and Adjudication Board upon the expiration of the statutory time limit, the decision to revoke a registered trademark or the review decision shall take effect.

Where a registered trademark has been revoked, the Trademark Office shall publish it, and the exclusive right to use the registered trademark shall terminate from the date of publication.

Chapter VII Protection of the exclusive right to use registered trademarks

Article 56 The exclusive right to use a registered trademark shall be limited to the trademark whose registration has been approved and to the goods whose use has been approved.

Article 57 Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) using a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark in respect of the same kind of goods, or using a trademark identical with or similar to its registered trademark in respect of similar goods, which is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) forging or manufacturing without authorization the marks of a registered trademark of another person or selling the marks of a registered trademark forged or manufactured without authorization;

(5) replacing its registered trademark without the consent of the trademark registrant and placing the goods with the replaced trademark back on the market;

(6) Intentionally providing convenient conditions for the infringement of another person's exclusive right to use a trademark, helping another person to carry out the infringement of the exclusive right to use a trademark;

(7) causing other damage to another person's exclusive right to use a registered trademark.

Article 58 Where a registered trademark or an unregistered well-known trademark of another person is used as a shop name in an enterprise name to mislead the public and constitute an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.

Article 59 Where the generic name, figure or model of the goods contained in a registered trademark directly indicates the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the goods, or the place name contained in a registered trademark, the exclusive right holder shall have no right to prohibit others from using it properly.

The three-dimensional mark registered trademark contains the shape generated by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape of the commodity with substantial value, the owner of the exclusive right to use the registered trademark has no right to prohibit others from using it properly.

Where, before the trademark registrant applies for trademark registration, another person has used a trademark identical or similar to the registered trademark on the same kind of goods or similar goods before the trademark registrant and has certain influence, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require it to attach appropriate distinguishing marks.

Article 60 Where any of the acts listed in Article 57 of this Law infringe upon the exclusive right to use a registered trademark and a dispute arises, the parties concerned shall settle it through consultation; If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, it may bring a suit before a people's court or request the administrative department for industry and commerce to handle the matter.

Where the administrative department for industry and commerce finds that the infringing act is established, it shall order it to stop the infringing act immediately, confiscate and destroy the infringing commodities and the tools mainly used for manufacturing infringing commodities or forgery of registered trademark marks. If the amount of illegal business is not less than 50,000 yuan, it may be imposed a fine of not more than five times the amount of illegal business, if there is no illegal business or the amount of illegal business is less than 50,000 yuan. May be fined not more than 250,000 yuan. If a trademark infringement is committed twice or more within five years or if there are other serious circumstances, a heavier punishment shall be given. Where a person sells a commodity that he does not know infringes upon the exclusive right to use a registered trademark, and can prove that the commodity has been lawfully acquired by himself and that the supplier has been identified, the administrative department for industry and commerce shall order him to stop the sale.

In respect of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request the administrative department for industry and commerce handling the dispute for mediation, or they may bring a suit before a people's court in accordance with the Civil Procedure Law of the People's Republic of China. If, after mediation by the administrative department for industry and commerce, the parties fail to reach an agreement or fail to perform the conciliation statement after it takes effect, the parties may bring a suit before a People's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61 The administrative department for industry and commerce shall have the power to investigate and deal with any violation of the exclusive right to use a registered trademark in accordance with law. Where a crime is suspected, it shall be promptly transferred to a judicial organ for handling according to law.

Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with an act suspected of infringing upon the exclusive right to use a registered trademark of another person on the basis of evidence or reports of suspected violations obtained:

(1) to question the parties concerned and investigate the circumstances relating to the infringement of the exclusive right to use a registered trademark of another person;

(2) to consult and copy the contracts, invoices, account books and other relevant materials related to the infringing activities of the parties;

(3) Conducting on-site inspection of the premises where a party is suspected of engaging in activities infringing on the exclusive right to use a registered trademark of another person;

(4) inspect articles related to infringing activities; Articles that can be proved by evidence to be infringing upon another person's right to exclusive use of a registered trademark may be sealed up or seized.

When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall provide assistance and cooperation, and may not refuse or obstruct.

In the course of investigating and handling a trademark infringement case, where there is a dispute over the ownership of the trademark or the right holder simultaneously files a trademark infringement lawsuit with the people's court, the administrative department for industry and commerce may suspend the investigation and handling of the case. After the reasons for suspension have been eliminated, the case investigation procedures shall be resumed or terminated.

Article 63 The amount of compensation for the infringement of the right to exclusive use of a trademark shall be determined according to the actual losses suffered by the right holder as a result of the infringement. If the actual loss is difficult to determine, it may be determined in accordance with the interests the infringer has obtained as a result of the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the license fee of the trademark. Where the right to exclusive use of a trademark is maliciously infringed, and the circumstances are serious, the amount of compensation may be determined at not less than one time but not more than five times the amount determined in accordance with the above-mentioned methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringing act.

In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringing act if the right holder has tried his best to provide evidence, and the account books and materials related to the infringing act are mainly in the possession of the infringer; If the infringer fails to provide or provides false account books or materials, the people's court may determine the amount of compensation by referring to the claims and evidence provided by the right holder.

Where it is difficult to determine the actual losses suffered by the right holder as a result of the infringement, the benefits gained by the infringer as a result of the infringement, or the royalties for the license of a registered trademark, the people's court, in hearing a trademark dispute case, shall, at the request of the right holder, order the goods belonging to the counterfeit registered trademark to be destroyed, except in special circumstances; To order the destruction of materials and tools mainly used in the manufacture of goods with counterfeit registered trademarks, and no compensation shall be given; Or, under special circumstances, the aforesaid materials and tools shall be ordered to be prohibited from entering commercial channels without compensation.

Goods with counterfeit registered trademarks may not enter commercial channels after only removing the counterfeit registered trademarks.

Article 64 Where the owner of the exclusive use of a registered trademark claims for compensation, and the accused infringer makes a plea that the owner of the exclusive use of the registered trademark did not use the registered trademark, the people's court may require the owner of the exclusive use of the registered trademark to provide evidence of the actual use of the registered trademark within the preceding three years. If the owner of the exclusive use of a registered trademark cannot prove that he has actually used the registered trademark within the previous three years, nor can he prove that he has suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.

Anyone who sells a commodity without knowing that it infringes on the exclusive right to use a registered trademark and can prove that the commodity has been legally obtained by himself and the supplier shall not be liable for compensation.

Article 65 Where a trademark registrant or an interested party has evidence to prove that another party is committing or is about to commit an act infringing upon its right to exclusive use of a registered trademark, which, if not stopped in time, will cause irreparable damage to its lawful rights and interests, it may, before bringing a suit, apply to the people's court for measures to order the cessation of the relevant acts and property preservation.

Article 66 In order to stop the infringing act, the trademark registrant or the interested party may apply to the people's court for the preservation of the evidence before proceeding according to law under the circumstances where the evidence may be lost or difficult to obtain later.

Article 67 Where, without the permission of the trademark registrant, a trademark identical to its registered trademark is used in respect of the same kind of goods, if a crime is constituted, criminal liability shall be investigated according to law, in addition to compensating the losses of the infringed party.

Where a person forges or without authorization manufactures the mark of another person's registered trademark or sells the mark of another person's registered trademark which is forged or manufactured without authorization and constitutes a crime, in addition to compensating the losses of the infringed party, he shall be investigated for criminal responsibility according to law.

Where the sale of goods that are knowingly counterfeit registered trademarks constitutes a crime, criminal responsibility shall be investigated according to law, in addition to compensating the infringed party's losses.

Article 68 Where a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give it a warning, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; The persons directly in charge and other persons directly responsible shall be given a warning and imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) forging, altering or using forged or altered legal documents, seals or signatures in the course of handling trademark matters;

(2) Soliciting trademark agency business by denigrating other trademark agency agencies or disrupting the order of the trademark agency market by other improper means;

(3) violating the provisions of Article 4 and the third and fourth paragraphs of Article 19 of this Law.

Where a trademark agency commits any act as prescribed in the preceding paragraph, it shall be recorded in the credit file by the administrative department for industry and commerce; If the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may also decide to stop accepting the trademark agency business handled by it and make a public announcement.

Where a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its clients, it shall bear civil liability according to law and shall be punished by the trademark agency trade organization in accordance with the articles of association.

Those who apply for trademark registration in bad faith shall be given administrative penalties such as warning or fine according to the circumstances; Where a trademark action is brought in bad faith, the people's court shall punish it according to law.

Article 69 Functionaries of state organs engaged in trademark registration, administration and review must enforce the law impartially, be incorruptible and self-disciplined, be devoted to their duties and serve in a civilized manner.

The functionaries of the Trademark Office, the Trademark Review and Adjudication Board and the state organs engaged in trademark registration, administration and review shall not engage in trademark agency business or commodity production or business activities.

Article 70 The administrative department for industry and commerce shall establish a sound internal supervision system to supervise and inspect the implementation of laws and administrative regulations and the observance of discipline by the functionaries of the state organs responsible for trademark registration, administration and review.

Article 71 Where any functionaries of state organs engaged in trademark registration, administration and review neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, administration and review matters, accept money or property from a party or seek improper benefits, if the case constitutes a crime, criminal responsibility shall be investigated according to law; If the case does not constitute a crime, he shall be punished according to law.

Chapter VIII Supplementary Provisions

Article 72 Anyone applying for trademark registration or handling other trademark matters shall pay a fee, the specific fee standard shall be determined separately.

Article 73 This Law shall come into force as of March 1, 1983. The Regulations on Trademark Administration promulgated by The State Council on April 10, 1963 shall be repealed simultaneously; Any other provisions concerning trademark administration that contravene this Law shall be invalidated at the same time.

中文原文 Chinese version

中华人民共和国商标法