(Adopted at the 24th meeting of the Standing Committee of the Fifth NPC on August 23rd, 2002 and amended by the Decision on Amending the Trademark Law of People's Republic of China (PRC) at the 30th meeting of the Standing Committee of the Seventh NPC on February 22nd, 2003).
Chapter I General Principles
Article 1 This Law is formulated with a view to strengthening trademark administration, protecting the exclusive right to use trademarks, urging producers to ensure the quality of commodities, maintaining the reputation of trademarks, protecting the interests of consumers and promoting the development of socialist commodity economy.
Article 2 The Trademark Office of the State Council Administration for Industry and Commerce shall be in charge of the national trademark registration and administration.
Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Article 4 Enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for trademark registration.
Enterprises, institutions and individual industrial and commercial households that need to obtain the exclusive right to use trademarks for the services they provide shall apply to the Trademark Office for registration of service trademarks.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
Article 5 Where a registered trademark is required by the State, an application for trademark registration must be made. Without approval and registration, it may not be sold in the market.
Article 6 A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall supervise the quality of commodities through trademark management and stop cheating consumers.
Article 7 The characters, figures or their combinations used in a trademark shall have distinctive features and be easy to identify. Where a registered trademark is used, it shall be marked with a "registered trademark" or a registration mark.
Article 8 A trademark shall not use the following words and figures:
(1) identical with or similar to the name, national flag, national emblem, military flag and medal of People's Republic of China (PRC);
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country;
(3) identical with or similar to the flag, emblem and name of an intergovernmental international organization;
(4) identical with or similar to the symbols and names of the Red Cross and the Red Crescent;
(5) The common name and figure of the commodity;
(six) directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(7) ethnic discrimination;
(8) exaggerating propaganda and deception;
(nine) harmful to socialist morality or 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, except those with other meaning; Registered trademarks using geographical names shall remain valid.
Article 9 Where a foreigner or foreign enterprise applies for trademark registration in China, it shall do so in accordance with the agreement signed between the country to which it belongs and People's Republic of China (PRC) or the international treaties to which it is a party, or in accordance with the principle of reciprocity.
Article 10 When applying for trademark registration and handling other trademark matters in China, foreigners or foreign enterprises shall entrust an organization designated by the state as an agent.
Chapter II Application for Trademark Registration
Article 11 Where an applicant applies for trademark registration, the category and name of the commodity using the trademark shall be filled in according to the prescribed commodity classification table.
Article 12 Where the same applicant uses the same trademark on different kinds of goods, it shall file an application for registration according to the classification of goods.
Article 13 Where a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed.
Article 14 Where a registered trademark needs to be changed in words or graphics, a new application for registration shall be filed.
Article 15 Where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.
Chapter III Examination and Approval of Trademark Registration
Article 16 Where a trademark applied for registration conforms to the relevant provisions of this Law, it shall be preliminarily examined and approved by the Trademark Office and announced.
Article 17 Where a trademark applied for registration does not conform to the relevant provisions of this Law, or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application without making an announcement.
Article 18 Where two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark applied earlier shall be preliminarily examined and announced; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
Article 19 Any person may raise an objection to a trademark that has been preliminarily examined and approved within three months from the date of announcement. If there is no objection or it is ruled that the objection cannot be established, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made; If the objection is established, the registration shall not be approved.
Article 20 The the State Council Administration for Industry and Commerce shall set up a Trademark Review and Adjudication Board to handle trademark disputes.
Article 21 The Trademark Office shall notify the applicant in writing of the trademark whose application is rejected and whose announcement is not made. If the applicant is not satisfied, he may apply for reexamination within 15 days after receiving the notice, and the Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing.
Article 22 Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the applicant, and make a ruling after investigation and verification. If a party refuses to accept the notice, it may apply for reconsideration within 15 days after receiving the notice. The Trademark Review and Adjudication Board shall make a final ruling and notify the dissenter and the applicant in writing.
Chapter IV Renewal, Assignment and License for the Use of Registered Trademarks
Article 23 The period of validity of a registered trademark is ten years, counting from the date of approval of registration.
Article 24 Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration; Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.
Each renewal of registration is valid for ten years.
After the renewal of registration is approved, it shall be announced.
Article 25 Where a registered trademark is assigned, the assignor and the assignee shall file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
After the transfer of a registered trademark is approved, it shall be announced.
Article 26 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.
A trademark licensing contract shall be reported to the Trademark Office for the record.
Chapter v adjudication of disputes over registered trademarks
Article 27 Where a registered trademark violates the provisions of Article 8 of this Law, or is registered by 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 an order to cancel the registered trademark.
Except in the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date when the trademark is approved for registration.
After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.
Article 28 A trademark that has been ruled by objection before its registration is approved may not apply for a ruling on the same facts and reasons.
Article 29 After the Trademark Review and Adjudication Board makes a final ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing.
Chapter VI Administration of Trademark Use
Article 30 Where a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or cancel its registered trademark within a time limit:
(1) changing the words, graphics or their combination of a registered trademark by itself;
(2) Changing the name, address or other registered items of the registrant of a registered trademark;
(3) Transferring a registered trademark by itself;
(4) Stop using it for three consecutive years.
Article 31. Where a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, the administrative departments for industry and commerce at all levels shall, according to different circumstances, order it to make corrections within a time limit, and may notify it or impose a fine, or the Trademark Office may revoke its registered trademark.
Article 32 Where a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to its trademark within one year from the date of revocation or cancellation.
Article 33 Anyone who violates the provisions of Article 5 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit and may also be fined.
Article 34 Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:
(1) impersonating a registered trademark;
(2) Violating the provisions of Article 8 of this Law.
(3) shoddy, shoddy, cheat consumers.
Article 35 If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may apply for a review within 15 days after receiving the notice. The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.
Article 36 If a party refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 31, 33 and 34 of this Law, he may bring a suit in a people's court within 15 days of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
Chapter VII Protection of the Exclusive Right to Use Registered Trademarks
Article 37 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 38 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Use a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the registered trademark owner;
(2) selling goods that are knowingly counterfeit registered trademarks;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(4) causing other damage to the exclusive right to use a registered trademark of others.
Article 39 Where one of the acts listed in Article 38 of this Law infringes on the exclusive right to use a registered trademark, the infringed party may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to immediately stop the infringement and compensate the infringed party for its losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may impose a fine. If a party refuses to accept the decision of the administrative department for industry and commerce to stop the infringement or impose a fine, it may bring a lawsuit to the people's court within 15 days after receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
Where the exclusive right to use a registered trademark is infringed, the infringed person may also directly bring a suit in a people's court.
Article 40 Whoever counterfeits another person's registered trademark, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed person.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.
Chapter VIII Supplementary Provisions
Article 41 When applying for trademark registration and handling other trademark matters, fees shall be paid, and the specific fees shall be determined separately.
Article 42 The detailed rules for the implementation of this Law shall be formulated by the administrative department for industry and commerce of the State Council and submitted to the State Council for approval and implementation.
Article 43 This Law shall come into force as of March 1 2003. 1The Regulations on Trademark Management issued by the State Council in April, 963 shall be abolished at the same time; Other provisions on trademark management that contravene this Law shall be null and void at the same time.
Trademarks registered before the implementation of this Law shall remain valid.
Attachment: Decision of NPC Standing Committee on Amending the Trademark Law of People's Republic of China (PRC)
The 30th meeting of the Standing Committee of the Seventh National People's Congress of NPC considered the State Council's proposal on amending the Trademark Law of People's Republic of China (PRC) (Draft) and decided to make the following amendments to the Trademark Law of People's Republic of China (PRC):
I. Article 4 is amended as three paragraphs:
"Enterprises, institutions and individual businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for trademark registration.
"Enterprises, institutions and individual industrial and commercial households need to obtain the exclusive right to use trademarks for the services they provide, and shall apply to the Trademark Office for registration of service trademarks.
"The provisions of this Law on commodity trademarks shall apply to service trademarks."
2. One paragraph is added to Article 8 as the second paragraph: "A place name of an administrative division at or above the county level or a foreign place name known to the public may not be used as a trademark, except that the place name has other meaning; Registered trademarks using geographical names continue to be valid. "
Article 12 is amended as: "Where the same applicant uses the same trademark on different categories of goods, it shall file an application for registration according to the classification of goods."
4. One paragraph is added to Article 26 as the second paragraph: "Anyone who uses another person's registered trademark with permission must indicate the name of the licensee and the origin of the goods using the registered trademark."
5. Paragraph 1 of Article 27 is amended as two paragraphs: "If a registered trademark violates the provisions of Article 8 of this Law, or is registered by 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 an order to cancel the registered trademark.
Except in the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date when the trademark is approved for registration.
Article 29 is amended as: "After the Trademark Review and Adjudication Board makes a final ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing."
Seven. One item is added to Article 38 as Item 2: "Selling goods that are knowingly counterfeit registered trademarks".
Item (2) of Article 38 is amended as Item (3): "Forging or manufacturing a registered trademark of another person without authorization or selling a forged or manufactured registered trademark".
Item (3) of Article 38 shall be regarded as Item (4) accordingly.
8. Paragraph 1 of Article 39 is amended as: "In case of any of the acts listed in Article 38 of this Law that infringe on the exclusive right to use a registered trademark, the infringed party may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to immediately stop the infringement and compensate the infringed party for its losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may impose a fine. If a party refuses to accept the decision of the administrative department for industry and commerce to stop the infringement or impose a fine, it may bring a lawsuit to the people's court within 15 days after receiving the notice; If neither prosecution nor performance is made within the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution. "
Nine, fortieth amended as three paragraphs:
"Counterfeiting another person's registered trademark, which constitutes a crime, shall be investigated for criminal responsibility according to law in addition to compensating the losses of the infringed person.
"Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, which constitutes a crime, shall be investigated for criminal responsibility according to law in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law in addition to compensating the losses of the infringed party.
This decision shall come into force as of July 1993.
The Trademark Law of People's Republic of China (PRC) is revised and re-promulgated according to this decision.