Trademark Law of the People's Republic of China (Amendment)

(Adopted at the 24th meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982, based on Amended by the "Decision on Amending the Trademark Law of the People's Republic of China and the People's Republic of China" at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993)

Chapter 1 General Provisions

Article 1 This Law is enacted in order to strengthen trademark management, protect the exclusive rights to trademarks, urge producers to ensure product quality and maintain trademark credibility, protect the interests of consumers, and promote the development of the socialist commodity 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.

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, public institutions and individual industrial and commercial individuals who need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for commodity trademark registration.

Enterprises, institutions and individual industrial and commercial individuals who need to obtain exclusive rights to trademarks for the services they provide 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: Goods that are required to use registered trademarks by the state must apply for trademark registration. Products without approved registration may not be sold in the market.

Article 6 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 supervise product quality through trademark management and prevent behaviors that deceive consumers.

Article 7 The literature, graphics or combination thereof used in a trademark shall have distinctive features and be easy to identify. If a registered trademark is used, it should be marked with "registered trademark" or registered mark.

Article 8 The following words and graphics shall not be used in trademarks:

(1) The same as or similar to the country name, national flag, national emblem, military flag and medal of the People's Republic of China

(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country;

(3) Identical to the flag, emblem, or name of an intergovernmental international organization or similar;

(4) The same or similar logo or name as the "Red Cross" or "Red Crescent";

(5) The common name of this product and Graphics;

(6) Directly representing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(7) Ethnicly discriminatory;

(8) Exaggerated and deceptive propaganda;

(9) Harmful to socialist morals or having 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, except where the place names have other meanings; registered trademarks using place names will continue to be valid.

Article 9 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 Handled according to the principle of reciprocity.

Article 10 When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they shall entrust an organization designated by the state to act as their agent.

Chapter 2 Application for Trademark Registration

Article 11 When applying for trademark registration, the product category and product name for which the trademark is used shall be filled in according to the prescribed product classification table.

Article 12 If the same applicant uses the same trademark on different categories of goods, he shall file a registration application according to the commodity classification table.

Article 13 If a registered trademark needs to be used on other goods of the same category, a separate application for registration shall be submitted.

Article 14 If the text or graphics of a registered trademark need to be changed, a new registration application must be submitted.

Article 15 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.

Chapter 3 Review and Approval of Trademark Registration

Article 16. Any trademark applied for registration that complies with the relevant provisions of this Law shall be initially reviewed and approved by the Trademark Office and announced.

Article 17 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 18 If two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and not announced.

Article 19: Anyone may raise an objection to a preliminary approved trademark 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 will be approved, a trademark registration certificate will be issued, and an announcement will be made; if the objection is ruled to be established, the registration will not be approved.

Article 20 The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Committee to handle trademark disputes.

Article 21 The Trademark Office shall notify the applicant in writing of a trademark that rejects the application and refuses to be announced. If the applicant is dissatisfied, he or she may apply for reexamination within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing.

Article 22: 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 applicant, and make a ruling after investigation and verification. If the party is dissatisfied, it may apply for review within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make a final ruling and notify the opponent and applicant in writing.

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

Article 23 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 24 If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within six months before expiration; if the application is not made during this period, a six-month period may be granted of extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled.

Each renewal of registration is valid for ten years.

After the registration renewal is approved, an announcement will be made.

Article 25 If a registered trademark is transferred, the transferor and the transferee shall apply to the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark.

After the transfer of a registered trademark is approved, it will be announced.

Article 26 A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If you use someone else's registered trademark with permission, you must indicate the name of the licensee and the place of origin of the goods on the goods using the registered trademark.

The trademark license contract shall be reported to the Trademark Office for filing.

Chapter 5 Determination of Registered Trademark Disputes

Article 27 If a registered trademark violates the provisions of Article 8 of this Law, or is registered by deceptive means or other unfair means, If registration is obtained by means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

Except for the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date the trademark is approved for registration.

After receiving the ruling application, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a defense within a time limit.

Article 28 For a trademark that has been opposed and adjudicated before registration is approved, no application for adjudication will be made based on the same facts and reasons.

Article 29 After the Trademark Review and Adjudication Board makes a final decision to maintain or cancel a registered trademark, it shall notify the relevant parties in writing.

Chapter 6 Management of Trademark Use

Article 30: Anyone who uses a registered trademark and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit:

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(1) Change the text, graphics or combination of registered trademarks on your own initiative;

(2) Change the name, address or other registration matters of the registered trademark on your own initiative;

(3) Transferring a registered trademark by oneself;

(4) Stopping use for three consecutive years.

Article 31 If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administration departments at all levels will order corrections within a time limit based on different circumstances, and may notify or A fine may be imposed, or the registered trademark may be revoked by the Trademark Office.

Article 32 If a registered trademark is revoked or is not renewed upon expiration, within one year from the date of cancellation or cancellation, the Trademark Office shall apply for registration of a trademark that is identical or similar to the trademark. Not approved.

Article 33 Anyone who violates the provisions of Article 5 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit and may be fined.

Article 34: Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local industrial and commercial administration department, rectified within a time limit, and may be notified or fined:

(1) Counterfeiting a registered trademark;

(2) Violating the provisions of Article 8 of this Law;

(3) Making shoddy goods, passing them off as good ones, and deceiving consumers.

Article 35 If the party concerned is dissatisfied with the Trademark Office’s decision to cancel a registered trademark, he may apply for review within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing. .

Article 36 If the party concerned refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Article 31, Article 33, and Article 34 of this Law, he may Within fifteen days of receiving the notice, a lawsuit shall be filed with the People's Court; if no lawsuit is filed and the performance is not performed upon expiration of the time limit, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory enforcement.

Chapter 7 Protection of the exclusive right of registered trademarks

Article 37 The exclusive right of registered trademarks is limited to the approved registered trademark and the approved goods for use.

Article 38 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Using the same product on the same product without the permission of the owner of the registered trademark Or use a trademark that is the same or similar to its registered trademark on similar goods;

(2) Selling goods that are knowingly counterfeit registered trademarks;

(3) Counterfeiting or manufacturing without permission for others Registering trademark signs or selling counterfeit or unauthorized registered trademark signs;

(4) Causing other damage to others’ exclusive rights to register trademarks.

Article 39: If any of the acts of infringement of the exclusive right to use a registered trademark are committed as listed in Article 38 of this Law, the infringed party may request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department shall The management department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for the losses. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative department to order the cessation of infringing activities and impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he fails to file a lawsuit and fails to perform within the period of time, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory infringement. implement.

For infringement of the exclusive rights of a registered trademark, the infringed party may also directly bring a lawsuit to the People's Court.

Article 40 If counterfeiting someone else’s registered trademark constitutes a crime, in addition to compensating the infringed party’s losses, criminal liability will be pursued in accordance with the law.

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

Whoever knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for their losses, he will also be held criminally responsible in accordance with the law.

Chapter 8 Supplementary Provisions

Article 41 When applying for trademark registration and handling other trademark matters, fees must be paid, and the specific fee standards will 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 shall be submitted to the State Council for approval and implementation.

Article 43 This Law shall come into effect on March 1, 1983. The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be abolished at the same time; other provisions related to trademark management that conflict with this law shall be invalid at the same time.

Trademarks that have been registered before the implementation of this law will continue to be valid.

Attachment: Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China

The 30th Session of the Standing Committee of the Seventh National People's Congress The meeting reviewed the State Council's proposal on the "Amendment to the Trademark Law of the People's Republic of China (Draft)" and decided to make the following amendments to the "Trademark Law of the People's Republic of China":

1. Article 4 is revised to three paragraphs:

“Enterprises, institutions and individual industrial and commercial persons who need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office. Apply for commodity trademark registration.

“Enterprises, institutions and individual businesses that need to obtain exclusive rights to trademarks for the services they provide should apply for service trademark registration with the Trademark Office.

“The provisions of this Law regarding commodity trademarks shall apply to service trademarks.”

2. Add a paragraph to Article 8 as the second paragraph: “Administrative divisions at or above the county level Place names or foreign place names known to the public shall not be used as trademarks, except where the place name has other meanings; registered trademarks using place names shall continue to be valid."

3. Article 12 is revised to: "Same. If the applicant uses the same trademark on different categories of goods, he shall apply for registration according to the commodity classification table." 4. Add a paragraph to Article 26 as the second paragraph: "Use with permission. If a trademark is registered by another person, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark." 5. Paragraph 1 of Article 27 is revised to two paragraphs: "Already registered. If a 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 rule on revoking the registered trademark.

“Except for the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date the trademark is approved for registration. ”

6. Article 29 is modified to read: “After the Trademark Review and Adjudication Board makes a final decision to maintain or cancel a registered trademark, it shall notify the relevant parties in writing. ”

7. Article 38 adds one item as item (2): “Knowingly selling goods with counterfeit registered trademarks.”

Article 38 Item (2) is changed to item (3): "Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks"

Article 38 (3). The corresponding item shall be deemed as item (4).

8. Paragraph 1 of Article 39 is revised to read: “Anyone who commits any of the acts that infringes upon the exclusive right to use a registered trademark as listed in Article 38 of this Law. , the infringed party may request processing from the industrial and commercial administrative department at or above the county level. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for its losses. The amount of compensation shall be the infringer’s gains due to the infringement during the infringement period. profits or losses suffered by the infringed party due to the infringement during the period of infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine.

If the party concerned is dissatisfied with the decision of the industrial and commercial administrative department to order the cessation of infringing activities and impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he fails to file a lawsuit and fails to perform within the period of time, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory infringement. implement. ”

9. Article 40 is revised to three paragraphs:

“If counterfeiting someone else’s registered trademark constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

“If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

“Whoever knowingly sells goods that are counterfeit registered trademarks constitutes a crime, and in addition to compensating the losses of the infringed party, he will be held criminally responsible in accordance with the law. ”

This decision will come into effect on July 1, 1993.

The “Trademark Law of the People’s Republic of China” will be revised accordingly and re-announced in accordance with this decision.