(Passed at the 24th meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982, amended for the first time in accordance with the Decision on Amending the Trademark Law of the People's Republic of China made at the 30th meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993, and amended for the second time in accordance with the Decision on Amending the Trademark Law of the People's Republic of China made at the 24th meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001)

catalogue

Chapter 1 General Provisions

Chapter 2: Application for Trademark Registration

Chapter 3 Examination and Approval of Trademark Registration

Chapter 4: Renewal, Transfer, and License of Registered Trademarks

Chapter 5: Adjudication of Disputes over Registered Trademarks

Chapter 6 Management of Trademark Use

Chapter 7 Protection of Exclusive Rights to Registered Trademarks

Chapter 8 Supplementary Provisions

Chapter 1 General Provisions

Article 1: In order to strengthen trademark management, protect trademark exclusive rights, promote producers and operators to ensure the quality of goods and services, maintain trademark reputation, safeguard the interests of consumers and producers and operators, and promote the development of the socialist market economy, this Law is formulated.

Article 2: The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration and management of trademarks nationwide.

The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3: Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

The collective trademark referred to in this Law refers to a mark registered in the name of a group, association, or other organization for use by its members in commercial activities, to indicate the user's membership in the organization.

The certification trademark referred to in this Law refers to a mark controlled by an organization with supervisory ability over a certain commodity or service, and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.

Special matters regarding the registration and management of collective trademarks and certification trademarks shall be stipulated by the State Administration for Industry and Commerce.

Article 4: If a natural person, legal person, or other organization needs to obtain exclusive trademark rights for the goods they produce, manufacture, process, select, or distribute, they shall apply to the Trademark Office for trademark registration of the goods.

If natural persons, legal persons or other organizations need to obtain exclusive trademark rights for the services they provide, they shall apply for registration of service trademarks with the Trademark Office.

The provisions of this law regarding commodity trademarks apply to service trademarks.

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

Article 6: Goods that are required by the state to use registered trademarks must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.

Article 7: The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels should use trademark management to prevent deceptive behavior towards consumers.

Article 8: Any visual mark that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including text, graphics, letters, numbers, three-dimensional marks and color combinations, as well as combinations of the above elements, can be registered as a trademark application.

Article 9: The trademark applied for registration shall have prominent features, be easy to identify, and shall not conflict with the legitimate rights previously obtained by others.

The trademark registrant has the right to indicate "registered trademark" or registration mark.

Article 10: The following signs shall not be used as trademarks:

（1） Those that are identical or similar to the national name, national flag, national emblem, military flag, or medals of the People's Republic of China, as well as those that are identical to the names or designs of specific locations or iconic buildings where central state organs are located;

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

（3） Names, flags, or emblems of intergovernmental international organizations that are identical or similar, except with the consent of the organization or that are not easily misleading to the public;

（4） Any official logo or inspection mark that is identical or similar to the one indicating the implementation of control and guarantee, except for those authorized;

（5） Names or symbols that are identical or similar to those of the Red Cross or Red Crescent;

（6） Discriminatory towards ethnic groups;

（7） Exaggerated and deceptive advertising;

（8） Harmful to socialist moral standards or having other adverse effects.

Geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, except for place names that have other meanings or are part of collective trademarks or certification trademarks; Registered trademarks using place names remain valid.

Article 11: The following signs shall not be registered as trademarks:

（1） Only the common name, graphic, and model of this product are available;

（2） Directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product;

（3） Lacking significant features.

The marks listed in the preceding paragraph that have acquired significant features through use and are easy to identify can be registered as trademarks.

Article 12: If a trademark is applied for registration using a three-dimensional symbol, the shape of the product that is solely generated by its own nature, the shape of the product required to obtain technical effects, or the shape that gives the product substantial value, shall not be registered.

Article 13: If a trademark applied for registration of the same or similar goods is a copy, imitation, or translation of a well-known trademark that has not been registered in China and is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If a trademark applied for registration of different or dissimilar goods is a copy, imitation, or translation of a well-known trademark already registered by others in China, misleading the public and potentially damaging the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 14: The recognition of a well-known trademark shall take into account the following factors:

（1） The level of awareness of the trademark among the relevant public;

（2） The duration of use of the trademark;

（3） The duration, extent, and geographical scope of any promotional work for the trademark;

（4） The record of the trademark being protected as a well-known trademark;

（5） Other factors that make the trademark famous.

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

Article 16: If a trademark contains a geographical indication of a commodity that does not originate from the region indicated by the indication and misleads the public, it shall not be registered and its use shall be prohibited; However, the registration obtained in good faith remains valid.

The geographical indication referred to in the preceding paragraph refers to the indication that a certain commodity originates from a certain region, and the specific quality, reputation, or other characteristics of the commodity are mainly determined by the natural or cultural factors of that region.

Article 17: Foreigners or foreign enterprises applying for trademark registration in China shall handle it in accordance with the agreements signed between their respective countries and the People's Republic of China or international treaties jointly participated in, or in accordance with the principle of reciprocity.

Article 18: Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust organizations recognized by the state with trademark agency qualifications to act as agents.

Chapter 2: Application for Trademark Registration

Article 19: Those who apply for trademark registration shall fill in the commodity category and commodity name using the trademark according to the prescribed commodity classification table.

Article 20: If the applicant for trademark registration applies for the same trademark on goods of different categories, they shall submit the registration application according to the classification table of goods.

Article 21: If a registered trademark needs to be used on other goods of the same class, a separate registration application shall be submitted.

Article 22: If a registered trademark needs to change its logo, a new registration application shall be submitted.

Article 23: If a registered trademark requires a change in the name, address, or other registration details of the registrant, an application for change shall be submitted.

Article 24: If the applicant for trademark registration files a trademark registration application for the same goods with the same trademark in China within six months from the date of the first filing of the trademark registration application in a foreign country, they may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty jointly participated in, or in accordance with the principle of mutual recognition of priority.

If priority is claimed in accordance with the preceding paragraph, a written declaration shall be submitted at the time of filing the trademark registration application, and a copy of the first trademark registration application document shall be submitted within three months; If no written declaration is made or a copy of the trademark registration application documents is not submitted within the prescribed time, it shall be deemed that no priority right has been claimed.

Article 25: If a trademark is first used on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods.

If priority is claimed in accordance with the preceding paragraph, a written declaration shall be submitted at the time of filing the trademark registration application, and proof documents such as the exhibition name of the exhibited goods, evidence of the use of the trademark on the exhibited goods, and the exhibition date shall be submitted within three months; If no written declaration is made or no supporting documents are submitted within the prescribed time limit, it shall be deemed that priority has not been claimed.

Article 26: The matters declared and materials provided for applying for trademark registration shall be true, accurate, and complete.

Chapter 3 Examination and Approval of Trademark Registration

Article 27: Any trademark applied for registration that complies with the relevant provisions of this Law shall be preliminarily approved by the Trademark Office and published.

Article 28: If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark already registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and not publish it.

Article 29: If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same or similar goods, the trademark with the earlier application shall be preliminarily approved and announced; On the same day of application, the trademark with prior use shall be preliminarily approved and published, and other applications shall be rejected and not published.

Article 30: Anyone may raise an objection to a trademark that has been preliminarily approved within three months from the date of publication. If there are no objections upon the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued, and the announcement shall be made.

Article 31: The application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it use improper means to preemptively register trademarks that have already been used by others and have a certain impact.

Article 32: For trademarks that have been rejected or not published, the Trademark Office shall notify the trademark registration applicant in writing. If the applicant for trademark registration is dissatisfied, they may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If the parties concerned are dissatisfied with the decision of the Trademark Review and Adjudication Board, they may file a lawsuit with the people's court within 30 days from the date of receiving the notice.

Article 33: If an objection is raised against a trademark that has been preliminarily approved and published, the Trademark Office shall hear the facts and reasons stated by the objector and the respondent, and make a ruling after investigation and verification. If the parties concerned are dissatisfied, they may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a ruling and notify the objector and the respondent in writing.

If the parties concerned are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may file a lawsuit with the people's court within 30 days from the date of receiving the notice. The people's court shall notify the opposing party in the trademark review procedure to participate in the litigation as a third party.

Article 34: If the party concerned does not apply for a review of the ruling made by the Trademark Office within the statutory time limit or does not file a lawsuit with the people's court against the ruling made by the Trademark Review and Adjudication Board, the ruling shall take effect.

If the objection cannot be established after ruling, the registration shall be approved, a trademark registration certificate shall be issued, and a public announcement shall be made; If the objection is found to be valid, the registration will not be approved.

If the objection is ruled to be unfounded and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the expiration of three months after the initial examination announcement.

Article 35: Trademark registration applications and trademark review applications shall be reviewed in a timely manner.

Article 36: If the applicant or registrant for trademark registration discovers obvious errors in the trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within its jurisdiction in accordance with the law and notify the parties involved.

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

Chapter 4: Renewal, Transfer, and License of Registered Trademarks

Article 37: The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 38: If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within six months before the expiration; If no application is submitted during this period, a six-month grace period can be granted. If no application is submitted after the expiration of the grace period, the registered trademark shall be cancelled.

The validity period of each renewal registration is ten years.

After the renewal registration is approved, it will be announced.

Article 39: If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and jointly apply to the Trademark Office. The assignee shall ensure the quality of the goods using the registered trademark.

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

Article 40: The trademark registrant may license others to use their registered trademark by signing a trademark license agreement. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

Those who use someone else's registered trademark with permission must indicate the name of the licensee and the place of origin of the goods using the registered trademark.

The trademark license contract shall be filed with the Trademark Office for record.

Chapter 5: Adjudication of Disputes over Registered Trademarks

Article 41: If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or obtains registration through deception 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 make a ruling to revoke the registered trademark.

If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to revoke the registered trademark within five years from the date of trademark registration. For malicious registrations, the owner of a well-known trademark is not subject to a five-year time limit.

Except as provided in the preceding two paragraphs, if there is a dispute over a registered trademark, an application for a ruling may be made to the Trademark Review and Adjudication Board within five years from the date of approval of the trademark registration.

After receiving the application for a ruling, the Trademark Review and Adjudication Board shall notify the relevant parties and set a deadline for them to submit their defense.

Article 42: For trademarks that have already been objected to and ruled upon before approval of registration, no application for a ruling shall be made based on the same facts and reasons.

Article 43: After the Trademark Review and Adjudication Board makes a ruling to maintain or revoke a registered trademark, it shall notify the relevant parties in writing.

If the parties concerned are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may file a lawsuit with the people's court within 30 days from the date of receiving the notice. The people's court shall notify the opposing party in the trademark adjudication procedure to participate in the litigation as a third party.

Chapter 6 Management of Trademark Use

Article 44: If a registered trademark is used and any of the following behaviors are committed, the Trademark Office shall order it to rectify or revoke its registered trademark within a specified period of time:

（1） Changing the registered trademark on one's own;

（2） Changing the name, address, or other registration details of the registrant of a registered trademark on their own;

（3） Transferring registered trademarks on their own;

（4） Discontinued use for three consecutive years.

Article 45: If a registered trademark is used and its goods are shoddy, substandard, or deceive consumers, the administrative departments for industry and commerce at all levels shall, depending on the circumstances, order it to rectify within a specified period of time and may issue a notice or impose a fine, or the trademark office may revoke its registered trademark.

Article 46: If a registered trademark is revoked or no longer renewed upon expiration, the Trademark Office shall not approve any trademark registration application that is identical or similar to the trademark within one year from the date of revocation or cancellation.

Article 47: Those who violate the provisions of Article 6 of this Law shall be ordered by the local administration for industry and commerce to apply for registration within a specified time limit and may be fined.

Article 48: Those who use unregistered trademarks and engage in any of the following behaviors shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:

（1） Impersonating a registered trademark;

（2） Violation of Article 10 of this Law;

（3） Shoddy production, passing off inferior goods as good, deceiving consumers.

Article 49: If a party is dissatisfied with the decision of the Trademark Office to revoke a registered trademark, they may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If the parties concerned are dissatisfied with the decision of the Trademark Review and Adjudication Board, they may file a lawsuit with the people's court within 30 days from the date of receiving the notice.

Article 50: If a party is dissatisfied with the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 45, 47, and 48 of this Law, they may file a lawsuit with the people's court within 15 days from the date of receiving the notice; If no lawsuit is filed and no performance is made upon expiration, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory enforcement.

Chapter 7 Protection of Exclusive Rights to Registered Trademarks

Article 51: The exclusive right to use a registered trademark is limited to the trademark that has been approved for registration and the goods that have been approved for use.

Article 52: Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

（1） Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;

（2） Selling goods that infringe upon the exclusive rights of a registered trademark;

（3） Falsifying or illegally manufacturing registered trademark logos of others, or selling forged or illegally manufactured registered trademark logos;

（4） Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

（5） Causing other damages to the exclusive right to use a registered trademark for others.

Article 53: If any of the acts listed in Article 52 of this Law infringe upon the exclusive right to use a registered trademark and cause a dispute, the parties shall resolve it through consultation; If the trademark registrant or interested party is unwilling to negotiate or fails to reach an agreement, they may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce handles the case, if it determines that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specifically used for manufacturing infringing goods and forging registered trademark marks, and may be fined. If the parties are dissatisfied with the handling decision, they may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receiving the handling notice; If the infringer fails to file a lawsuit or perform within the prescribed period, the administrative department for industry and commerce may apply to the people's court for compulsory enforcement. The administrative department for industry and commerce that handles the matter may mediate the amount of compensation for trademark infringement upon the request of the parties involved; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 54: The administrative department for industry and commerce has the right to investigate and punish acts that infringe upon the exclusive right to use a registered trademark in accordance with the law; Those suspected of committing crimes shall be promptly transferred to judicial organs for lawful handling.

Article 55: When the administrative department for industry and commerce at or above the county level investigates and deals with acts suspected of infringing on the exclusive right to use a registered trademark of others based on evidence or reports of illegal activities already obtained, it may exercise the following powers:

（1） Inquire about relevant parties and investigate the situation related to the infringement of others' registered trademark exclusive rights;

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

（3） Conduct on-site inspections of places where the parties are suspected of engaging in activities that infringe upon the exclusive rights of others' registered trademarks;

（4） Inspect items related to infringement activities; Items that have been proven to infringe upon the exclusive right to use a registered trademark of others can be sealed or seized.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse or obstruct.

Article 56: The amount of compensation for infringement of trademark exclusive rights shall be the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party during the infringement period, including reasonable expenses paid by the infringed party to stop the infringement.

If the benefits obtained by the infringer due to infringement or the losses suffered by the infringed party due to infringement are difficult to determine, the people's court shall award compensation of up to 500000 yuan based on the circumstances of the infringement.

Selling goods that are not known to infringe upon the exclusive rights of a registered trademark, but can prove that the goods were legally obtained by oneself and explain the provider, shall not be liable for compensation.

Article 57: If a trademark registrant or an interested party has evidence to prove that others are committing or about to commit acts that infringe upon their exclusive right to use a registered trademark, and if not stopped in a timely manner, it will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for measures such as ordering the cessation of relevant acts and property preservation before filing a lawsuit.

The people's court shall handle the application mentioned in the preceding paragraph in accordance with the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China.

Article 58: In order to prevent infringement, in cases where 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 evidence preservation before filing a lawsuit.

After accepting the application, the people's court must make a ruling within 48 hours; If preservation measures are ordered, they shall be immediately enforced.

The people's court may order the applicant to provide guarantee. If the applicant fails to provide guarantee, the application shall be rejected.

If the applicant does not file a lawsuit within fifteen days after the people's court takes preservation measures, the people's court shall lift the preservation measures.

Article 59: If a trademark identical to the registered trademark is used on the same goods without the permission of the trademark registrant, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal responsibility shall be pursued in accordance with the law.

If someone forges or manufactures a registered trademark logo of another person without authorization, or sells a registered trademark logo forged or manufactured without authorization, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal responsibility shall be pursued in accordance with the law.

If selling goods that are known to be counterfeit registered trademarks constitutes a crime, in addition to compensating the losses of the infringed party, criminal responsibility shall be pursued in accordance with the law.

Article 60: State officials engaged in trademark registration, management, and review work must enforce the law impartially, be honest and self disciplined, be loyal to their duties, and provide civilized services.

Staff members of the Trademark Office, Trademark Review and Adjudication Board, and state agencies engaged in trademark registration, management, and review shall not engage in trademark agency business or commodity production and operation activities.

Article 61: The administrative department for industry and commerce shall establish and improve an internal supervision system, and conduct supervision and inspection on the implementation of laws, administrative regulations, and discipline by state organs responsible for trademark registration, management, and review work.

Article 62: If state officials engaged in trademark registration, management, and review work neglect their duties, abuse their power, engage in favoritism and fraud, illegally handle trademark registration, management, and review matters, accept property from parties, and seek improper benefits, which constitutes a crime, they shall be held criminally responsible in accordance with the law; If it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 63: Those who apply for trademark registration and handle other trademark matters shall pay fees, and the specific fee standards shall be determined separately.

Article 64: This Law shall come into effect on March 1, 1983. The Trademark Management Regulations promulgated by the State Council on April 10, 1963 were simultaneously abolished; Any other regulations related to trademark management that conflict with this law shall also become invalid.

Trademarks registered before the implementation of this law shall remain valid.