Hello, the new Trademark Law in 2018 has made new changes.

1. Full text of the 2018 New Trademark Law

Trademark Law

Chapter 1 General Provisions

Article 1 is to strengthen trademark protection This law is specially formulated to manage and protect the exclusive rights of trademarks, urge producers and operators to ensure the quality of goods and services, and maintain the reputation of trademarks, so as to protect the interests of consumers and producers and operators, and promote the development of the socialist market economy.

Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.

The Administration for Industry and Commerce 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 marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is 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 goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

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 its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. 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 to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to the trademark.

Article 6 For goods that require the use of registered trademarks under laws and administrative regulations, you must apply for trademark registration. Products without approved registration may not be sold in the market.

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

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 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, color combinations and sounds, etc., as well as the above Any combination of elements can be applied for registration as a trademark.

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) The same as the country name, national flag, national emblem, national anthem, military flag, military emblem, military The same or similar songs, medals, etc., as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings;

(2) Same as those of foreign countries; The name, national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country;

(3) The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, but Except with the consent of the organization or if it 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 for those authorized;

(6) Ethnic discriminatory;

( 7) It is deceptive and may easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;

(8) It is harmful to socialist morals or has 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 expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other 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, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.

Article 13 If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law.

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 will not be registered and its use will be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when 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 geographical scope of any publicity work for the trademark;

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

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name, and if the principal or represented person raises an objection, the registration shall not be Registration and use prohibited.

The trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph. If the trademark of another person is known to exist and the other person raises an objection, the trademark shall not be registered.

Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark 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, remain in effect.

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 human factors of the region.

Article 17 If a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed between the country where it belongs and the People's Republic of China or the international treaty to which both countries are party. Or handle it according to the principle of reciprocity.

Article 18 When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.

When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.

Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; A person's business secrets shall be subject to confidentiality obligations.

If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client.

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

Except for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks.

Article 20 Trademark agency industry organizations shall, in accordance with the provisions of their articles of association, strictly implement the conditions for recruiting members, and punish members who violate industry self-discipline norms. Trademark agency industry organizations should promptly announce to the public the members they recruit and the disciplinary status of members.

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

?Chapter 2 Application for Trademark Registration

Article 22 The applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit a registration Apply.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.

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

Article 24 If a registered trademark needs to change its sign, a new registration application must be submitted.

Article 25: A trademark registration applicant files another trademark registration application for the same goods with the same trademark in China within six months from the date when the trademark registration application is first filed in a foreign country. , can enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.

If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.

Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the registration of the trademark shall be within six months from the date of exhibition of the goods. Applicants may enjoy priority.

Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where their goods are exhibited and the use of the said trademark on the goods on display. Evidence of the trademark, date of exhibition and other supporting documents; if no written statement is made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.

Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.

?Chapter 3 Review and Approval of Trademark Registration

Article 28 For a trademark applied for registration, the Trademark Office shall, within nine months from the date of receipt of the trademark registration application documents, If the review is completed within one month and meets the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 29 During the examination process, if the Trademark Office believes that the contents of the trademark registration application need explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.

Article 31: If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the trademark is applied for on the same day, the previously used trademark will be initially reviewed and announced, and applications from others will be rejected and will not be announced.

Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.

Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right owner or interested parties believe that it violates paragraph 2 and paragraph 2 of Article 13 of this Law. Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that Article 10 or Article 11 of this Law is violated , Article 12 provides that objections may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

Article 34 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 35: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, within 10 days from the expiration of the announcement period, A decision will be made within two months on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

Article 36: Upon expiration of the statutory period, the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or disapprove registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board. , the decision to reject the application, deny registration or review decision takes effect.

We will introduce the issues related to trademarks here. The above answers are for your reference. I hope they can help you. You are welcome to like us and follow us. Thank you.

For a trademark that is approved for registration after examination and objections are not established, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.

Article 37 Applications for trademark registration and trademark review shall be reviewed in a timely manner.

Article 38 If a trademark registration applicant or registrant discovers an obvious error in a trademark application document or registration document, he or she may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties involved.

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

Chapter 4 Renewal, Change, Transfer and Use License of Registered Trademarks

Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if it cannot be done during this period, it may A six-month grace period was granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

The Trademark Office shall announce the renewal of registered trademarks.

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

Article 42 If a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.

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