Adopted on August 23,1982, by the 24th Session of the Fifth National People's Congress Standing Committee; amended for the first time on February 22,1993, by the 30th Session of the Seventh National People's Congress Standing Committee pursuant to the Decision on Amending the Trademark Law of the People's Republic of China; amended for the second time on October 27,2001, by the 24th Session of the Ninth National People's Congress Standing Committee pursuant to the Decision on Amending the Trademark Law of the People's Republic of China; amended for the third time on August 30,2013, by the 4th Session of the Twelfth National People's Congress Standing Committee pursuant to the Decision on Amending the Trademark Law of the People's Republic of China; and amended for the fourth time on April 23,2019, by the 10th Session of the Thirteenth National People's Congress Standing Committee pursuant to the Decision on Amending the Construction Law of the People's Republic of China and Seven Other Laws.
catalogue
Chapter 1 General Provisions
Chapter 2 Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Change, Transfer and License of Registered Trademarks
Chapter V. Invalidity Declaration of Registered Trademarks
Chapter VI Administration of Trademark Usage
Chapter VII Protection of Exclusive Right to Registered Trademark
Chapter VIII Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is enacted to strengthen trademark administration, protect exclusive rights to trademarks, encourage producers and business operators to ensure the quality of goods and services, safeguard trademark reputation, protect the interests of consumers and producers/business operators, and promote the development of the socialist market economy.
Article 2 The Trademark Office of the State Administration for Industry and Commerce under the State Council shall be in charge of the registration and administration of trademarks throughout the country.
The State Administration for Industry and Commerce shall establish a Trademark Review and Adjudication Board to handle trademark disputes.
Article 3 A trademark approved and registered by the Trademark Office shall be a registered trademark, including product trademarks, service trademarks, collective trademarks, and certification trademarks. The trademark registrant shall enjoy exclusive rights to the trademark, which are protected by law.
The collective trademark referred to in this Law means a mark registered in the name of a group, association or other organization, which is used by its members in commercial activities to indicate their membership in the organization.
The term "certified mark" as used in this Law refers to a mark controlled by an organization with supervisory authority over a specific commodity or service, and used by a unit or individual outside such organization on its own commodity or service to certify the origin, raw materials, manufacturing method, quality or other specific characteristics of the commodity or service.
The special matters concerning the registration and administration of collective and certification marks shall be prescribed by the administrative department of industry and commerce under the State Council.
Article 4. Natural persons, legal entities, or other organizations that require exclusive trademark rights for their goods or services in business operations shall apply for trademark registration with the Trademark Office. Malicious trademark registration applications not for the purpose of use shall be rejected.
The provisions of this Law concerning commodity trademarks shall 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 shall jointly enjoy and exercise the exclusive right to use the trademark.
Article 6. Goods requiring the use of registered trademarks as stipulated by laws or administrative regulations must apply for trademark registration. Those not approved for registration shall not be sold on the market.
Article 7 The application for trademark registration and use shall be conducted in accordance with the principle of good faith.
Trademark users shall be responsible for the quality of goods bearing their trademarks. Administrative departments of industry and commerce at all levels shall, through trademark administration, prevent acts of consumer deception.
Article 8. Any sign capable of distinguishing the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations, sounds, or combinations thereof, may be applied for trademark registration.
Article 9 A trademark applied for registration shall possess distinctive features, be easily identifiable, and shall not conflict with any prior lawful rights held by others.
The trademark registrant has the right to indicate the "registered trademark" or registration mark.
Article 10 The following marks shall not be used as trademarks:
(1) Those identical or similar to the name, flag, emblem, national anthem, military flag, military emblem, military anthem, or medals of the People's Republic of China, as well as those identical or similar to the names, symbols, or specific locations of central state organs, or the names or graphics of iconic buildings;
(2) those identical or similar to the names, flags, emblems, or military flags of foreign countries, unless approved by the respective government;
(3) Those identical or similar to the names, flags, or emblems of intergovernmental organizations, unless the organization has given consent or the similarity is unlikely to mislead the public;
(4) Identical or similar to official marks or inspection stamps indicating control implementation or guarantees, except where authorized;
(5) Sharing identical or similar names and logos with the Red Cross or Red Crescent;
(6) containing ethnic discrimination;
(7) Deceptive in nature, likely to cause public misperception regarding product quality, features, or origin;
(8) Those that are detrimental to socialist moral standards or have other negative 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, exceptions apply if the geographical name carries other meanings or constitutes part of a collective trademark or certification trademark; registered trademarks using geographical names shall remain valid.
Article 11 The following marks shall not be registered as trademarks:
(1) Containing only the generic name, graphic, or model number of the product;
(2) Directly indicating only the quality, main ingredients, functions, uses, weight, quantity, or other characteristics of the goods;
(3) Others lacking significant characteristics.
Where the marks specified in the preceding paragraph have acquired distinctive features through use and are easily recognizable, they may be registered as trademarks.
Article 12: For trademark registration applications using three-dimensional marks, only the shapes arising solely from the inherent properties of the goods, those required to achieve technical effects, or those that confer substantive value to the goods shall be eligible for registration.
Article 13 Where a holder of a well-known trademark believes their rights have been infringed, they may apply for protection under this Law.
Where a trademark applied for registration for the same or similar goods is a copy, imitation, or translation of a well-known trademark not registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited.
Where the trademark applied for registration of goods that are not identical or similar is a copy, imitation, or translation of a well-known trademark already registered in China, misleading the public and potentially harming the interests of the well-known trademark registrant, the registration shall not be granted and its use shall be prohibited.
Article 14 A well-known trademark shall be determined upon the request of the parties as a fact to be ascertained in trademark-related cases. The following factors shall be considered in determining a well-known trademark:
(1) The public's awareness of the trademark;
(2) The duration of use of the trademark;
(3) the duration, scope, and geographical coverage of any promotional activities for the trademark;
(4) the record of the trademark being protected as a well-known trademark;
(5) Other factors contributing to the trademark's fame.
Where a party claims rights under Article 13 of this Law during trademark registration examination or in handling trademark violation cases by the administrative department of industry and commerce, the Trademark Office may, as required for case examination and handling, determine whether the trademark is well-known.
In the course of handling trademark disputes, where the parties assert their rights under Article 13 of this Law, the Trademark Review and Adjudication Board may, as required for case resolution, determine whether the trademark is well-known.
In the process of hearing civil and administrative cases concerning trademarks, where the parties assert their rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, based on the needs of the case, determine the fame status of the trademark.
Producers and operators shall not use the term "well-known trademark" on commodities, their packaging or containers, or in advertising, exhibitions or other commercial activities.
Article 15: Where an agent or representative registers a trademark of the principal or represented party in their own name without authorization, and the principal or represented party raises an objection, the registration shall be refused and the use prohibited.
Where a trademark application for the same or similar goods is identical or similar to an unregistered trademark previously used by another party, and the applicant has a contractual, business, or other relationship with that party beyond the aforementioned circumstances, thereby being aware of the existence of the other party's trademark, the application shall not be granted if the other party raises an objection.
Article 16 Where a trademark contains a geographical indication for goods that are not sourced from the region indicated by the mark, and such misrepresentation misleads the public, the registration shall be denied and the use prohibited; however, a registration obtained in good faith shall remain valid.
The geographical indication referred to in the preceding paragraph is a mark that indicates a product originates from a specific region, where its distinctive quality, reputation, or other characteristics are primarily determined by the region's natural or cultural factors.
Article 17 Foreigners or foreign enterprises applying for trademark registration in China shall handle the matter in accordance with the agreements signed between their respective countries and the People's Republic of China or international treaties to which they are jointly party, or in accordance with the principle of reciprocity.
Article 18. For trademark registration or other trademark-related matters, applicants may either handle them independently or entrust a legally established trademark agency to do so.
Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a legally established trademark agency to handle the procedures.
Article 19 A trademark agency shall adhere to the principle of good faith, comply with laws and administrative regulations, and process trademark registration applications or other trademark-related matters on behalf of the principal. It shall maintain confidentiality regarding any trade secrets of the principal that become known during the agency process.
Where the trademark applied for registration by the principal may fall under the circumstances prohibited by this Law from registration, the trademark agency shall explicitly inform the principal.
A trademark agency shall not accept an application for trademark registration from a client if it knows or should have known that the application falls under the circumstances specified in Articles 4, 15, and 32 of this Law.
A trademark agency may not apply for the registration of any other trademarks except for the trademark it has registered on its behalf.
Article 20 Trademark agency industry organizations shall strictly implement the membership admission criteria stipulated in their articles of association and impose disciplinary actions on members who violate industry self-regulatory norms. Trademark agency industry organizations shall promptly disclose to the public the membership admission status and disciplinary measures taken against members.
Article 21 The international registration of trademarks shall follow the system established by the international treaties to which the People's Republic of China is a party or has acceded, with specific measures to be prescribed by the State Council.
Chapter 2 Application for Trademark Registration
Article 22. A trademark registration applicant shall, in accordance with the prescribed classification table, specify the categories and names of goods for which the trademark is to be used when filing the registration application.
Trademark registration applicants can apply for the registration of the same trademark for multiple categories of goods through a single application.
Documents such as trademark registration applications may be submitted either in written form or as electronic data messages.
Article 23 Where a registered trademark is to be granted exclusive rights for use on goods beyond its approved scope, a separate registration application shall be filed.
Article 24. Where a registered trademark requires modification of its mark, a new registration application shall be filed.
Article 25: Where a trademark registration applicant files a trademark registration application for the same goods in China with the same trademark within six months from the date of the first filing of a trademark registration application in a foreign country, priority may be granted in accordance with the agreement signed between that foreign country and China or the international treaty to which both parties are party, or in accordance with the principle of mutual recognition of priority.
Where priority is claimed under the preceding paragraph, a written declaration shall be submitted at the time of filing the trademark registration application, and a copy of the first application documents shall be submitted within three months. Failure to submit the written declaration or the copy of the application documents within the prescribed period shall be deemed as not claiming priority.
Article 26 Where a trademark is first used on goods exhibited at an international exhibition hosted or recognized by the Chinese government, the trademark registrant shall have priority rights for six months from the date of such exhibition.
Where priority is claimed under the preceding provision, a written declaration shall be submitted upon filing the trademark registration application, accompanied by supporting documents including the exhibition name, evidence of trademark use on exhibited goods, and exhibition dates within three months. Failure to submit such declaration or supporting documents within the stipulated period shall be deemed as non-claim of priority.
Article 27 The information and materials submitted for trademark registration shall be truthful, accurate and complete.
Chapter III Examination and Approval of Trademark Registration
Article 28 The Trademark Office shall complete the examination of a trademark registration application within nine months from the date of receipt of the application documents. Where the application complies with the relevant provisions of this Law, it shall be preliminarily approved and published.
Article 29 During the examination process, if the Trademark Office deems that the content of a trademark registration application requires clarification or amendment, it may request the applicant to provide such clarification or amendment. Failure by the applicant to provide such clarification or amendment shall not affect the Trademark Office's examination decision.
Article 30 Where a trademark application fails to comply with the relevant provisions of this Law or is identical or similar to a trademark already registered or preliminarily approved by another party for the same or similar goods, the Trademark Office shall reject the application and withhold its publication.
Article 31 Where two or more trademark applicants file identical or similar trademark applications for the same or similar goods, the first-filed trademark shall be preliminarily approved and published. If applications are filed on the same day, the first-filed trademark shall be approved and published, while other applications shall be rejected and not published.
Article 32. An application for trademark registration shall not infringe upon the prior rights of others, nor shall it register a trademark that has been used by others and has gained a certain reputation through improper means.
Article 33. For trademarks subject to preliminary examination and publication, any prior right holder or interested party may file an objection with the Trademark Office within three months from the publication date if they believe the trademark violates the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, or Article 32 of this Law. Alternatively, any individual may raise an objection if they believe the trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, or Paragraph 4 of Article 19 of this Law. If no objection is raised within the prescribed period, the trademark shall be approved for registration, a Trademark Registration Certificate shall be issued, and the registration shall be published.
Article 34 Where a trademark application is rejected or not published, the Trademark Office shall notify the applicant in writing. If the applicant disagrees, they may apply for a review to the Trademark Review and Adjudication Board within fifteen days of receiving the notice. The Board shall issue a decision within nine months of receiving the application and notify the applicant in writing. In exceptional circumstances requiring an extension, the period may be extended by three months upon approval by the State Council's administrative department for industry and commerce. If dissatisfied with the Board's decision, the applicant may file a lawsuit with the people's court within thirty days of receiving the notice.
Article 35 Where an objection is raised against a trademark preliminarily approved and published, the Trademark Office shall hear the facts and reasons presented by both the objector and the respondent. Upon investigation and verification, the Office shall decide within twelve months from the expiration of the publication period whether to grant registration, and notify the objector and the respondent in writing. In exceptional circumstances requiring an extension, the period may be extended by six months upon approval by the State Council's administrative department for industry and commerce.
Upon granting registration approval, the Trademark Office shall issue a Trademark Registration Certificate and publish an official announcement. If dissatisfied, the objector may petition the Trademark Review and Adjudication Board to invalidate the registered trademark pursuant to Articles 44 and 45 of this Law.
If the respondent disagrees with the Trademark Office's refusal to register a trademark, they may apply for a review to the Trademark Review and Adjudication Board (TRAB) within fifteen days of receiving the notice. The TRAB shall issue a review decision within twelve months of receiving the application and notify both the objector and the respondent in writing. In exceptional circumstances requiring an extension, the period may be extended by six months upon approval by the State Council's administrative department for industry and commerce. If the respondent remains dissatisfied with the TRAB's decision, they may file a lawsuit with the People's Court within thirty days of receiving the notice. The People's Court shall notify the objector to participate in the proceedings as a third party.
Where the Trademark Review and Adjudication Board determines that the prior rights involved in the review process under the preceding provision must be based on the outcome of another case currently under trial by a people's court or under administrative handling by an administrative authority, the review may be suspended. Upon elimination of the suspension cause, the review procedure shall be resumed.
Article 36 Upon expiration of the statutory period, if a party neither applies for reconsideration of the Trademark Office's rejection decision or non-registration decision, nor files a lawsuit with the People's Court against the Trademark Review and Adjudication Board's reconsideration decision, the said decisions shall become effective.
Where a trademark is approved for registration after review of objections is found to be unfounded, the applicant shall acquire exclusive rights to the trademark upon the expiration of the three-month period following the preliminary approval announcement. From the expiration of the announcement period until the registration approval decision is rendered, no retroactive effect shall apply to acts by others using identical or similar marks on the same or similar goods; however, compensation shall be awarded for losses caused to the trademark registrant due to such acts committed in bad faith.
Article 37 Trademark registration applications and trademark review applications shall be examined promptly.
Article 38 Where a trademark registration applicant or registrant discovers obvious errors in the trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within its statutory authority and notify the parties concerned.
The correction of errors mentioned in the preceding paragraph shall not involve the substantive content of the trademark application documents or registration documents.
Chapter IV Renewal, Change, Transfer and License of Registered Trademarks
Article 39 The term of validity of a registered trademark shall be ten years, calculated from the date of approval of registration.
Article 40. Where a registered trademark's validity period expires and continued use is required, the trademark registrant shall complete renewal procedures in accordance with regulations within twelve months prior to expiration. Failure to complete such procedures during this period may be granted a six-month grace period. Each renewal registration shall be valid for ten years, commencing on the day following the expiration of the previous validity period. Failure to renew the registration upon expiration shall result in the cancellation of the registered trademark.
The Trademark Office shall publish the renewed trademark registration.
Article 41. Where a registered trademark requires alteration of the registrant's name, address or other registration particulars, a change application shall be submitted.
Article 42. For the transfer of a registered trademark, the transferor and transferee shall execute a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall guarantee the quality of goods bearing the registered trademark.
Where a registered trademark is transferred, the trademark registrant shall transfer simultaneously any similar trademarks registered on the same type of goods or identical or similar trademarks registered on similar goods.
The Trademark Office shall not approve transfers that may cause confusion or other adverse effects, and shall notify the applicant in writing with reasons provided.
Upon approval, the transfer of a registered trademark shall be published. The transferee shall acquire exclusive rights to the trademark from the date of publication.
Article 43 A trademark registrant may authorize others to use its registered trademark by entering into a trademark licensing agreement. The licensor shall supervise the quality of goods bearing the registered trademark used by the licensee. The licensee shall ensure the quality of goods bearing the registered trademark.
Where a registered trademark is used with permission, the licensee's name and the origin of the goods must be indicated on the products bearing the trademark.
Where a licensee grants permission to others to use its registered trademark, the licensor shall file the trademark licensing application with the Trademark Office for record, which shall then publish the notice. A trademark licensing agreement that has not been filed shall not be enforceable against bona fide third parties.
Chapter V. Invalidity Declaration of Registered Trademarks
Article 44 Where a registered trademark violates the provisions of Articles 4, 10,11,12, or Paragraph 4 of Article 19 of this Law, or was obtained through fraudulent or other improper means, the Trademark Office shall declare the registration invalid. Other entities or individuals may petition the Trademark Review and Adjudication Board to declare the registration invalid.
The Trademark Office shall issue a written notice to the parties concerned when declaring a registered trademark invalid. If dissatisfied with the decision, the parties may apply for a review to the Trademark Review and Adjudication Board within fifteen days of receiving the notice. The Board shall render a decision within nine months of receiving the application and notify the parties in writing. In exceptional circumstances requiring an extension, the period may be extended by three months upon approval by the State Council's administrative department for industry and commerce. If dissatisfied with the Board's decision, the parties may file a lawsuit with the people's court within thirty days of receiving the notice.
Where any other entity or individual petitions the Trademark Review and Adjudication Board (TRAB) for invalidation of a registered trademark, the Board shall issue a written notice to the concerned parties upon receipt of the application, requiring them to submit a defense within a specified period. The TRAB shall render a ruling to either affirm the trademark's validity or declare it invalid within nine months of receiving the application, with written notification to all parties. In exceptional circumstances requiring an extension, the period may be extended by three months upon approval by the State Administration for Industry and Commerce. Parties dissatisfied with the TRAB's ruling may file a lawsuit with the People's Court within thirty days of receiving the notice. The People's Court shall notify the opposing party in the trademark adjudication proceedings to participate as a third party in the litigation.
Article 45. Where a registered trademark violates the provisions of Paragraph 2 and Paragraph 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, or Article 32 of this Law, the prior right holder or interested party may petition the Trademark Review and Adjudication Board to invalidate the trademark within five years from the date of registration. For malicious registrations, the owner of a well-known trademark is exempt from the five-year limitation period.
Upon receiving an application to invalidate a registered trademark, the Trademark Review and Adjudication Board shall notify the concerned parties in writing and set a deadline for submitting a defense. The Board shall issue a ruling to either maintain the registered trademark or declare it invalid within twelve months from the date of receipt of the application, and notify the parties in writing. In exceptional circumstances requiring an extension, the period may be extended by six months upon approval by the State Council's administrative department for industry and commerce. If a party disagrees with the Board's ruling, they may file a lawsuit with the people's court within thirty days of receiving the notice. The people's court shall notify the opposing party in the trademark ruling procedure to participate in the litigation as a third party.
Where the Trademark Review and Adjudication Board determines that the prior rights involved in the invalidation request must be based on the outcome of another case currently under trial by a people's court or under administrative review by an administrative authority, it may suspend the review in accordance with the provisions of the preceding paragraph. Upon the elimination of the cause for suspension, the review procedure shall be resumed.
Article 46 Upon expiration of the statutory period, if a party neither applies for reconsideration of the Trademark Office's decision to invalidate a registered trademark nor files a lawsuit with the People's Court against the Trademark Review and Adjudication Board's reconsideration decision or ruling to uphold the registered trademark or declare it invalid, the Trademark Office's decision or the Board's reconsideration decision/ruling shall become effective.
Article 47 Where a registered trademark is declared invalid pursuant to Articles 44 and 45 of this Law, the Trademark Office shall issue an official announcement, and the exclusive right to use such registered trademark shall be deemed to have never existed.
Decisions or rulings declaring a registered trademark invalid shall not have retroactive effect on judgments, rulings, or mediation agreements in trademark infringement cases issued and enforced by the People's Court prior to the invalidation declaration, nor on administrative decisions made and enforced by the industrial and commercial administration department, or on trademark transfer or licensing contracts that have been performed. However, compensation shall be awarded for losses caused to others due to the trademark registrant's malicious conduct.
Where the compensation for trademark infringement, trademark transfer fee, or trademark usage fee is not returned as stipulated in the preceding paragraph, and such refusal clearly violates the principle of fairness, the full or partial amount shall be returned.
Chapter VI Administration of Trademark Usage
Article 48 The use of trademarks as defined in this Law refers to the application of trademarks on commodities, their packaging or containers, or on commercial transaction documents, or their use in advertising, exhibitions, and other commercial activities to identify the source of commodities.
Article 49 Where a trademark registrant alters the registered trademark, registrant's name, address or other registration particulars during use, the local industrial and commercial administrative department shall order rectification within a prescribed period; failure to rectify within the period shall result in the Trademark Office revoking the registered trademark.
If a registered trademark becomes the generic name of goods approved for use or remains unused for three consecutive years without valid reasons, any organization or individual may apply to the Trademark Office for its cancellation. The Trademark Office shall make a decision within nine months from the date of receiving the application. In exceptional circumstances requiring an extension, the application may be extended by three months upon approval by the State Council's administrative department for industry and commerce.
Article 50 Where a registered trademark is revoked, declared invalid, or expires without renewal, the Trademark Office shall not approve any application for registration of a trademark identical or similar to the revoked, invalidated, or canceled trademark within one year from the date of such revocation, invalidation, or cancellation.
Article 51. Where a violation occurs under Article 6 of this Law, the local administrative department of industry and commerce shall order the violator to apply for registration within a prescribed period. If the illegal business turnover exceeds 50,000 yuan, a fine of up to 20% of the illegal turnover may be imposed. If there is no illegal business turnover or the turnover is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.
Article 52: Any act of passing off an unregistered trademark as a registered trademark, or using an unregistered trademark in violation of Article 10 of this Law, shall be stopped by the local administrative department of industry and commerce, with a deadline for rectification and possible public notification. For illegal business operations exceeding 50,000 yuan, a fine of up to 20% of the illegal business turnover may be imposed. For cases without illegal business turnover or with turnover below 50,000 yuan, a fine of up to 10,000 yuan may be imposed.
Article 53. Any violation of the fifth paragraph of Article 14 of this Law shall be subject to corrective orders issued by the local administrative department of industry and commerce, and a fine of 100,000 yuan shall be imposed.
Article 54. Where a party disagrees with the Trademark Office's decision to revoke or deny the revocation of a registered trademark, they may apply for a review to the Trademark Review and Adjudication Board (TRAB) within fifteen days of receiving the notice. The TRAB shall render a decision within nine months of receiving the application and notify the party in writing. In exceptional circumstances requiring an extension, the period may be extended by three months upon approval by the State Council's administrative department for industry and commerce. If the party remains dissatisfied with the TRAB's decision, they may file a lawsuit with the people's court within thirty days of receiving the notice.
Article 55 Upon expiration of the statutory period, if a party neither applies for reconsideration of the Trademark Office's decision to revoke a registered trademark nor files a lawsuit with the People's Court against the Trademark Review and Adjudication Board's reconsideration decision, the revocation decision and reconsideration decision shall become effective.
The revoked registered trademark shall be published by the Trademark Office, and the exclusive right to use the registered trademark shall terminate as of the date of publication.
Chapter VII Protection of Exclusive Right to Registered Trademark
Article 56 The exclusive right to a registered trademark shall be limited to the trademark approved for registration and the goods designated for use.
Article 57 Any of the following acts shall constitute infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical to a registered trademark on the same type of goods without the permission of the trademark registrant;
(2) Using a trademark similar to the registered trademark of a trademark registrant on the same kind of goods, or using a trademark identical or similar to the registered trademark on similar goods without the registrant's permission, which may cause confusion;
(3) selling goods that infringe upon the exclusive rights of a registered trademark;
(4) forging or manufacturing without authorization the registered trademark marks of others, or selling such forged or unauthorizedly manufactured registered trademark marks;
(5) Replacing a registered trademark without the trademark registrant's consent and reintroducing the goods bearing the replaced trademark into the market;
(6) intentionally facilitating acts of trademark infringement by providing convenience to others;
(7) causing other damages to the exclusive rights of others' registered trademarks.
Article 58: Where a business name incorporates another party's registered trademark or an unregistered well-known trademark, thereby misleading the public and constituting unfair competition, such acts shall be subject to the Anti-Unfair Competition Law of the People's Republic of China.
Article 59. Where a registered trademark contains the generic name, graphic, or model number of the product, or directly indicates the product's quality, main ingredients, function, purpose, weight, quantity, or other characteristics, or includes a geographical name, the trademark owner shall not prohibit others from legitimate use.
The shape of the goods themselves, the shape of the goods needed to obtain the technical effect, or the shape of the goods that make the goods have the substantial value, which are contained in the three-dimensional sign registered trademark, the owner of the exclusive right of the registered trademark has no right to prohibit others from using it properly.
Where a third party has used, prior to the trademark registrant's application, a trademark identical or similar to the registered trademark with established influence on the same or similar goods, the registered trademark owner may not prohibit such use within the original scope, provided that the owner may require the use of appropriate distinguishing marks.
Article 60 Where any act infringing upon the exclusive right to use a registered trademark as specified in Article 57 of this Law causes a dispute, the parties shall resolve it through negotiation. If the parties refuse to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.
When the administrative department for industry and commerce determines that an infringement has occurred, it shall order the immediate cessation of the infringing act, confiscate and destroy the infringing goods and tools primarily used for manufacturing such goods or forging registered trademark marks. If the illegal business turnover exceeds 50,000 yuan, a fine of up to five times the amount may be imposed. If there is no illegal business turnover or the turnover is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed. For acts involving two or more trademark infringements within five years or other serious circumstances, the penalty shall be increased. If a seller unknowingly sells goods infringing on a registered trademark and can prove that the goods were legally obtained and identify the supplier, the administrative department for industry and commerce shall order the cessation of sales.
In disputes over compensation for trademark infringement, the involved parties may seek mediation from the competent industrial and commercial administrative department or file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. If mediation fails to reach an agreement or the parties fail to comply with the mediation agreement after it takes effect, they may still file a lawsuit with the people's court under the Civil Procedure Law.
Article 61: The administrative department for industry and commerce shall have the authority to investigate and deal with acts infringing upon the exclusive right to use a registered trademark in accordance with the law; if a crime is suspected, the case shall be promptly transferred to the judicial authorities for legal handling.
Article 62. When investigating suspected trademark infringement based on evidence of alleged violations or reports, the administrative departments of industry and commerce at or above the county level may exercise the following powers:
(1) To question the relevant parties and investigate circumstances related to the infringement of another party's exclusive right to use a registered trademark;
(2) To inspect and duplicate contracts, invoices, account books, and other relevant materials pertaining to the infringing activities of the concerned party;
(3) Conduct on-site inspections at locations where the parties are suspected of infringing upon others' exclusive rights to registered trademarks;
(4) Inspect items related to infringement activities; where evidence proves that the items infringe upon the exclusive right to use another party's registered trademark, they may be sealed or seized.
When the administrative department for industry and commerce exercises the powers prescribed in the preceding paragraph in accordance with the law, the concerned party shall provide assistance and cooperation and shall not refuse or obstruct such exercise.
In the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the rights holder simultaneously files a trademark infringement lawsuit with the People's Court, the administrative department for industry and commerce may suspend the investigation of the case. Upon the elimination of the cause for suspension, the investigation procedure shall be resumed or terminated.
Article 63 The compensation for trademark infringement shall be determined based on the actual losses suffered by the rights holder. If the actual losses cannot be determined, the compensation may be based on the profits gained by the infringer. If neither the rights holder's losses nor the infringer's profits can be determined, the compensation shall be reasonably calculated by referencing multiples of the trademark licensing fees. For malicious trademark infringement with severe circumstances, the compensation may be set at one to five times the amount determined by the aforementioned methods. The compensation shall include reasonable expenses incurred by the rights holder to stop the infringement.
When determining compensation amounts, the People's Court may require the infringer to provide relevant account books and materials if the right holder has made every effort to present evidence, and such materials are primarily in the infringer's possession. If the infringer fails to provide or submits false account books and materials, the People's Court may determine the compensation amount by considering the right holder's claims and evidence.
Where the actual loss suffered by the right holder due to infringement, the profit gained by the infringer from infringement, or the licensing fee for registered trademark use cannot be determined, the people's court shall award compensation of up to 5 million yuan based on the circumstances of the infringement.
When adjudicating trademark disputes, the People's Court shall, upon the rights holder's request, order the destruction of goods bearing counterfeit registered trademarks, except in exceptional circumstances. For materials and tools primarily used in manufacturing such counterfeit goods, the court shall order their destruction without compensation. In special cases, the court may also prohibit the aforementioned materials and tools from entering commercial channels without compensation.
The goods with counterfeit registered trademarks shall not enter the commercial channels only after removing the counterfeit registered trademarks.
Article 64 Where a registered trademark exclusive right holder claims compensation and the alleged infringer raises the defense that the right holder has not used the registered trademark, the people's court may require the right holder to provide evidence of actual use of the registered trademark within the preceding three years. If the registered trademark exclusive right holder fails to prove actual use of the registered trademark within the preceding three years or to demonstrate other losses caused by the infringement, the alleged infringer shall not be liable for compensation.
If the seller does not know that the goods infringe the exclusive right of the registered trademark, and can prove that the goods are legally obtained and the supplier is identified, the seller shall not be liable for compensation.
Article 65 Where a trademark registrant or interested party provides evidence that another party is currently or will soon commit acts infringing upon the exclusive rights of the registered trademark, and failure to promptly intervene would cause irreparable harm to their lawful interests, they may apply to the People's Court for orders to cease such acts and property preservation measures before filing a lawsuit, in accordance with the law.
Article 66. Where infringement is to be prevented and evidence may be lost or difficult to obtain subsequently, the trademark registrant or interested party may apply to the people's court for evidence preservation before filing a lawsuit in accordance with the law.
Article 67. Where a trademark identical to a registered trademark is used on the same type of goods without the permission of the trademark registrant, and such use constitutes a crime, the infringer shall, in addition to compensating the victim for losses, be held criminally liable in accordance with the law.
Whoever forges or manufactures without authorization another person's registered trademark, or sells such forged or unauthorized manufactured registered trademarks, and commits a crime, shall be subject to criminal liability in addition to compensating the infringed party for losses.
If a seller knowingly sells goods bearing counterfeit registered trademarks and commits a crime, he shall not only compensate the infringed party for losses but also be held criminally liable.
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 prescribed period, issue a warning, and impose a fine ranging from 10,000 to 100,000 yuan; the directly responsible supervisors and other directly liable personnel shall be given a warning and fined between 5,000 and 50,000 yuan; if the act constitutes a crime, criminal liability shall be investigated in accordance with the law:
(1) During trademark registration procedures, forging, altering, or using forged or altered legal documents, seals, or signatures;
(2) Soliciting trademark agency services by defaming other trademark agencies or by other improper means that disrupt the order of the trademark agency market;
(3) Violation of the provisions of Article 4, Paragraph 3 and Paragraph 4 of Article 19 of this Law.
Where a trademark agency commits any of the acts specified in the preceding paragraph, the administrative department for industry and commerce shall record such acts in its credit file. In cases of serious violations, the Trademark Office or the Trademark Review and Adjudication Board may decide to suspend the agency's eligibility to handle trademark agency services, and such suspension shall be publicly announced.
Trademark agency that violates the principle of good faith and infringes the legitimate interests of the client shall bear civil liability according to law, and shall be punished by the trademark agency industry organization according to the provisions of the articles of association.
Those who maliciously apply for trademark registration shall be given administrative penalties such as warnings or fines depending on the circumstances; those who maliciously initiate trademark litigation shall be punished by the People's Court in accordance with the law.
Article 69. State functionaries engaged in trademark registration, administration and review shall enforce the law impartially, practice self-discipline, perform their duties faithfully and render civilized services.
The staff of the Trademark Office, the Trademark Review and Adjudication Board, and the state organs engaged in the work of trademark registration, administration and review shall not engage in the business of trademark agency or the production and operation of commodities.
Article 70 The administrative department of industry and commerce shall establish and improve its internal supervision system to monitor and inspect the compliance of state functionaries responsible for trademark registration, administration and review with laws, administrative regulations and discipline.
Article 71: Any state functionary engaged in trademark registration, administration, or review who neglects duties, abuses authority, or engages in malpractice for personal gain, thereby unlawfully handling such matters, accepts bribes from parties, or obtains improper benefits shall be held criminally liable if the act constitutes a crime. If the act does not constitute a crime, the functionary shall be subject to disciplinary sanctions in accordance with the law.
Chapter VIII Supplementary Provisions
Article 72. Fees shall be paid for trademark registration applications and other trademark-related procedures, with specific rates to be determined separately.
Article 73 This Law shall come into force on March 1, 1983. The Regulations on the Administration of Trademarks promulgated by the State Council on April 10,1963 shall be repealed simultaneously; other relevant provisions on trademark administration that conflict with this Law shall also become invalid.
The trademarks registered before the implementation of this Law shall remain valid.
