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Regulations and Trademark Law Related Knowledge "Trademark Law of the People's Republic of China" "Regulations on the Implementation of the Trademark Law of the People's Republic of China" Several Opinions on the Implementation of the "Trademark Law of the People's Republic of China" Concerning the Implementation of the "Trademark Law of the People's Republic of China" "Law" Notifies Enterprises of Related Issues Several Provisions on Trademark Management Interim Provisions on the Identification and Management of Well-known Trademarks Special Signs Management Regulations Opinions on Several Issues Concerning the Protection of Service Marks Measures for the Registration and Management of Collective Trademarks and Certification Trademarks Interim Measures for the Management of Trademark Assessment Agencies Interim Measures for the Management of Trademark Agency Organizations Measures for the Registration and Management of Enterprise Chattel Mortgages, Registration Procedures for Pledge of Exclusive Rights of Trademarks, Notice of the Trademark Office of the State Administration for Industry and Commerce on Regulating the Binding Methods of Trademark Registration Applications, Notice of the Trademark Office of the State Administration for Industry and Commerce on Further Improving the Quality of Agency Work for Trademark Registration Applications? Download the main application form for trademark registration? Download the trademark registration application form, trademark agency power of attorney, and download the trademark registration application review flow chart? "Trademark Law of the People's Republic of China" Chapter 1 General Provisions Chapter 2 Application for Trademark Registration Chapter 3 Review and Approval of Trademark Registration Chapter 4 Renewal, Transfer and Use License of Registered Trademarks Chapter 5 Ruling of Registered Trademark Disputes Chapter 6 Management of Trademark Use Chapter 7 Protection of Exclusive Rights of Registered Trademarks Chapter 8 Supplementary Provisions of the Trademark Law Chapter 1 General Provisions Article 1 is to strengthen trademark management, protect the exclusive rights to trademarks, urge producers and operators to ensure the quality of goods and services, maintain trademark reputation, so as to protect the interests of consumers and producers and operators, and promote the development of the socialist market economy , this law is specially formulated. Article 2 The Trademark Office of the Administration for Industry and Commerce of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes. Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council. Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for commodity trademark registration. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration. The provisions of this Law regarding commodity trademarks shall apply to service trademarks. Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark at the same time, and shall jointly enjoy and exercise the exclusive right to use the trademark. Article 6 Products for which the state stipulates that registered trademarks must be used must apply for trademark registration. Products without approval of registration may not be sold in the market. Article 7 Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers. Article 8 Any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be used as Trademark application for registration. Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 10 The following signs shall not be used as trademarks: (1) Those that are identical or similar to the country name, national flag, national emblem, military flag, medals of the People's Republic of China, or the same as the name or landmark of a specific place where the central state agency is located The names and graphics of the building are the same; (2) The names, flags, national emblems, and military flags of foreign countries are the same or similar, except with the consent of the government of that country; (3) The names, flags, and emblems of intergovernmental international organizations are the same Identical or similar, except with the consent of the organization or which is not likely to mislead the public; (4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except where authorized; (5) Same as "red" The names and symbols of "cross" and "red crescent" are the same or similar; (6) are ethnically discriminatory; (7) are exaggerated and deceptive propaganda; (8) are harmful to socialist morals or have other adverse effects. Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid. Article 11 The following signs shall not be registered as trademarks: (1) Only the common name, graphics, and model of the product; (2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product ; (3) Lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks. Article 12 When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the goods themselves, the shape of the goods that is necessary to obtain technical effects, or the shape that makes the goods of substantial value shall not be registered. Article 13 If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s 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 for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited. Article 14 The following factors shall be considered in determining a well-known trademark: (1) The degree of awareness of the trademark by the relevant public; (2) The duration of use of the trademark; (3) The duration, extent and geography of any publicity work for the trademark Scope; (4) Records that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited. Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the trademark and misleads the public, it shall not be registered and shall be prohibited from use; however, if the trademark has been registered in good faith, it shall continue to be valid. The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or humanistic factors of the region.