(Adopted at the 4th Session of the Standing Committee of the 12th NPC on August 30th, 20 13)
The fourth meeting of the Standing Committee of the 12th NPC decided to make the following amendments to the Trademark Law of People's Republic of China (PRC):
1. Paragraph 1 and Paragraph 2 of Article 4 are merged and amended as: "If a natural person, legal person or other organization needs to obtain the exclusive right to use the trademark of its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration."
Two. Article 6 is amended as: "Goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market."
3. One paragraph is added to Article 7 as the first paragraph: "The application for registration and the use of trademarks shall follow the principle of good faith."
4. Article 8 is amended as: "Any mark that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations and sounds, and the combination of the above elements, may apply for registration as a trademark."
5. Items 1 to 3 of the first paragraph of Article 10 are amended as: "(1) identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of People's Republic of China (PRC), and identical with the name, logo and name of the specific place where it is located or the name and figure of the landmark building;
Six, eleventh in the second paragraph of the "only" to "only".
Item 3 of the first paragraph is amended as: "(3) Other projects lacking distinctive features."
7. One paragraph is added to Article 13 as the first paragraph: "If the holder of a trademark well-known to the public thinks that his rights have been infringed, he may request the protection of the well-known trademark in accordance with the provisions of this Law."
Eight. Article 14 is amended as: "Well-known trademarks shall be recognized as facts that need to be recognized in handling trademark cases at the request of the parties concerned. The following factors shall be considered when identifying well-known trademarks:
"(a) the degree of awareness of the trademark by the relevant public;
"(2) the term of use of the trademark;
"(three) the duration, degree and geographical scope of any publicity work of the trademark;
"(4) the record that the trademark is protected as a well-known trademark;
"(5) Other factors that make the trademark famous.
9. One paragraph is added to Article 15 as the second paragraph: "If the trademark applied for registration on the same or similar goods is the same as or similar to the unregistered trademark previously used by others, and the applicant has a contract, business relationship or other relationship with others other than that specified in the preceding paragraph, and knows that the trademark of others exists, others may not register."
10. Article 18 is amended as: "You can apply for trademark registration or handle other trademark matters by yourself, or you can entrust a legally established trademark agency to handle it.
Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a legally established trademark agency to handle them.
1 1. One article is added as Article 19: "A trademark agency shall follow the principle of good faith, abide by laws and administrative regulations, accept the entrustment of its principal, and handle trademark registration applications or other trademark matters; Have the obligation to keep confidential the business secrets of the principal known in the process of agency.
12. One article is added as Article 20: "Trademark agency industry organizations shall strictly implement the conditions for accepting members in accordance with the provisions of their articles of association, and punish members who violate the industry self-discipline norms. Trademark agency industry organizations shall promptly announce to the public the members they have absorbed and the sanctions imposed on them. "
13. One article is added as Article 21: "The international registration of trademarks shall follow the system established by relevant international treaties concluded or acceded to by People's Republic of China (PRC), and the specific measures shall be formulated by the State Council."
14. Article 19 and Article 20 are merged into Article 22, which is amended as: "An applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and apply for registration.
"An applicant for trademark registration may apply for the registration of the same trademark for a variety of goods through one application.
"Applications for trademark registration and other relevant documents may be submitted in written form or in the form of data messages."
15. Article 21 is changed to Article 23, which is amended as: "Where a registered trademark needs to obtain the exclusive right to use a trademark on goods beyond the approved scope of use, a separate application for registration shall be filed."
Sixteen, twenty-third to forty-first.
Article 27 is renumbered as Article 28 and amended as: "The Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination, make a preliminary examination and make an announcement."
18. One article is added as Article 29: "In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be clarified or modified, it may require the applicant to make clarification or modification. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office. "
Article 30 is renumbered as Article 33 and amended as: "Within three months from the date of announcement, the prior obligee or interested party considers that the trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or that it violates Article 10, Article 11 and Article 12 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made. "
Twenty, thirty-first to thirty-second.
Article 32 is renumbered as Article 34 and amended as: "The Trademark Office shall notify the applicant for trademark registration in writing of a trademark whose application has been rejected and has not been announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. "
22. Article 33 is renumbered as Article 35 and amended as: "Where an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
23. Article 34 is renumbered as Article 36 and amended as: "Upon the expiration of the statutory time limit, if a party refuses to accept the decision made by the Trademark Office to reject the application or not to register, or refuses to accept the decision made by the Trademark Review and Adjudication Board to bring a lawsuit in a people's court, the decision to reject the application, not to register and review will take effect.
Twenty-four, the name of the fourth chapter is amended as "renewal, alteration, transfer and use license of registered trademarks".
Article 38 is renumbered as Article 40 and amended as: "Where a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before its expiration; If it has not been handled during this period, it can be extended for six months. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled.
"The Trademark Office shall announce the renewed registered trademark."
Article 39 is renumbered as Article 42, and two paragraphs are added as the second and third paragraphs: "Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities.
"The Trademark Office shall not approve the transfer that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons."
Article 40 is renumbered as Article 43, and the third paragraph is amended as: "Where another person is licensed to use its registered trademark, the licensor shall report the license for the use of the trademark to the Trademark Office for the record, and the Trademark Office shall make an announcement. Without filing, the trademark license shall not be used against a bona fide third party. "
Twenty-eight, the name of Chapter V is amended as "Declaration of Invalidity of Registered Trademarks".
Twenty-nine, forty-first, forty-third, as forty-fourth, forty-fifth, as amended:
"Article 44 Where a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
Thirty, delete forty-second.
3 1. One article is added as Article 46: "If the parties concerned do not apply for reexamination of the Trademark Office's decision to declare a registered trademark invalid at the expiration of the statutory time limit, or do not bring a lawsuit to the people's court against the reexamination decision of the Trademark Review and Adjudication Board, the decision of the Trademark Office or the reexamination decision or ruling of the Trademark Review and Adjudication Board will take effect."
32. One article is added as Article 47: "A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed as nonexistent from the beginning.
33. One article is added as Article 48: "The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packages or containers, commodity transaction documents, or in commercial activities such as advertisements and exhibitions to identify the source of commodities."
Article 44 is renumbered as Article 49 and amended as: "Where a trademark registrant changes the registered trademark, the name and address of the registrant without authorization in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office.
Thirty-five, delete forty-fifth.
Article 46 is renumbered as Article 50 and amended as: "Where a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is the same as or similar to its trademark within one year from the date of revocation, invalidation or cancellation."
Thirty-seven, change Article 47 to Article 51, and change "may concurrently be fined" to "illegal business amount of more than 50,000 yuan, may concurrently be fined less than 20% of the illegal business amount, and may concurrently be fined less than 10,000 yuan if there is no illegal business amount or the illegal business amount is less than 50,000 yuan".
Article 48 is renumbered as Article 52 and amended as: "Where an unregistered trademark is used as a registered trademark, or an unregistered trademark is used in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed. "
39. One article is added as Article 53: "Anyone who violates the provisions of the fifth paragraph of Article 14 of this Law shall be ordered by the local administrative department for industry and commerce to make corrections and be fined 100,000 yuan."
Article 49 is renumbered as Article 54 and amended as: "If a party refuses to accept the decision of the Trademark Office to revoke or not to revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. "
4 1. One article is added as Article 55: "If the party concerned does not apply for reexamination of the reexamination decision made by the Trademark Office at the expiration of the statutory time limit, or does not bring a lawsuit to the people's court against the reexamination decision made by the Trademark Review and Adjudication Board, the decision to cancel the registered trademark and the reexamination decision will take effect.
Forty-two, delete fiftieth.
Article 52 is changed to article 57, and the first item is changed to two items. As the first and second items, it is amended as: "(1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
"(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical with or similar to its registered trademark on similar commodities, which is likely to cause confusion".
44. One article is added as Article 58: "Where a registered trademark of another person or an unregistered well-known trademark is used as the font size in the name of an enterprise to mislead the public and constitute unfair competition, it shall be dealt with in accordance with the Law of People's Republic of China (PRC) on Anti-Unfair Competition."
45. One article is added as Article 59: "The exclusive right holder of a registered trademark has no right to prohibit others from properly using the common name, figure and model of the commodity contained in the registered trademark, or to directly indicate the quality, main raw materials, functions, uses, weight and quantity of the commodity, or the place names contained therein.
46. Article 53 is renumbered as Article 60 and amended as: "If one of the acts listed in Article 57 of this Law infringes upon the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
Forty-seven, fifty-fifth to sixty-second, the first paragraph of the second "account books" to "account books".
48. Paragraphs 1 and 2 of Article 56 are renumbered as Article 63 and amended as: "The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to the infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
49. One article is added as Article 64, the first paragraph of which stipulates: "If the exclusive right holder of a registered trademark claims compensation, and the accused infringer raises a defense on the grounds that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the first three years. If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can it prove that it has suffered other losses due to infringement, the accused infringer shall not be liable for compensation. "
The third paragraph of Article 56 is changed to the second paragraph of Article 64, which is amended as: "If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation."
Article 57 is renumbered as Article 65 and amended as: "Where a trademark registrant or an interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property."
5 1. Article 58 is changed to Article 66, which is amended as: "In order to stop the infringement, the trademark registrant or interested party may apply to the people's court for the preservation of the evidence in case that the evidence may be lost before prosecution or difficult to obtain later."
52. One article is added as Article 68: "Where a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give it a warning and impose a fine of 1 10,000 yuan or more and110,000 yuan or less;": Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of 5000 yuan to 50000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
Fifty-three, sixty-second to seventy-first, and the "administrative punishment" is amended as "punishment".