Chapter 1 General Provisions Article 1 In order to strengthen trademark management, protect the exclusive rights of trademarks, urge producers and operators to ensure the quality of goods and services, maintain trademark credibility, and protect the interests of consumers and producers and operators This law is specially formulated to 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 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 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 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 Goods that require the use of registered trademarks under laws and administrative regulations must apply for trademark registration. Products without approval of registration may not be sold in the market. Article 7 The principle of good faith shall be followed when applying for registration and use of trademarks.

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 marks, color combinations and sounds, etc., as well as combinations of the above elements, can be used as a mark. 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) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China The same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building; (2) The same name, national flag, national emblem, or military flag of a foreign country Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the government of that country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or not likely to mislead Except for the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) Same as " The names and symbols of "Red Cross" and "Red Crescent" are the same or similar;

(6) It is ethnically discriminatory;

(7) It is deceptive, It is easy for the public to misunderstand the quality and other characteristics of the goods or the 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 indicating the quality of the product , main raw materials, functions, uses, weight, quantity and other characteristics;

(3) Other lack of distinctive characteristics.

If the marks listed in the preceding paragraph have acquired 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 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.