(Adopted at the 24th Session of the 5th the NPC Standing Committee on August 23, 1982, according to the Law of the 3th Session of the 7th the NPC Standing Committee on February 22, 1993 on Amending the Trademark Law of the People's Republic of China.
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers to ensure the quality of goods and maintain the reputation of trademarks, so as to protect the interests of consumers and promote the development of socialist commodity economy.
article 2 the trademark office of the State Council administration for industry and commerce is in charge of the national trademark registration and management.
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, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute shall apply to the trademark office for trademark registration.
enterprises, institutions and individual businessmen who need to obtain the exclusive right to use a trademark for the services they provide shall apply to the Trademark Office for registration of service trademarks.
the provisions of this law on commodity trademarks are applicable to service trademarks.
article 5 goods that must use registered trademarks as stipulated by the state must apply for trademark registration, and those that have not been approved for registration may not be sold in the market.
article 6 a trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall supervise the quality of commodities through trademark management and stop cheating consumers.
article 7 the literature, graphics or their combinations used in a trademark shall have distinctive features and be easy to identify. Where a registered trademark is used, it shall be marked with a "registered trademark" or a registration mark.
Article 8 A trademark shall not use the following words and figures:
(1) It is identical with or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China;
(2) identical with or similar to the name, national flag, national emblem and military flag of a foreign country;
(3) identical with or similar to the flag, emblem and name of an intergovernmental international organization;
(4) identical with or similar to the symbols and names of the Red Cross and the Red Crescent;
(5) the common name and figure of this commodity;
(6) directly indicating the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;
(7) ethnic discrimination;
(8) exaggerated propaganda and deceptive;
(9) It is harmful to socialist morality or has other adverse effects.
The place names of administrative divisions at or above the county level or foreign places known to the public shall not be used as trademarks, except those with other meaning; Registered trademarks using geographical names shall remain valid.
Article 9 Where a foreigner or foreign enterprise applies for trademark registration in China, it shall do so according to the agreement signed between the country to which it belongs and the People's Republic of China or the international treaties to which it is a party, or according to the principle of reciprocity.
article 1 when a foreigner or foreign enterprise applies for trademark registration and handles other trademark matters in China, it shall entrust an organization designated by the state to act as an agent.
chapter ii application for trademark registration
article 11 when applying for trademark registration, the category and name of the goods using the trademark shall be filled in according to the prescribed commodity classification table.
article 12 where the same applicant uses the same trademark on different categories of goods, it shall file an application for registration according to the classification of goods.
article 13 where a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed.
article 14 where a registered trademark needs to be changed in words or graphics, a new application for registration shall be filed.
article 15 where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.
chapter iii examination and approval of trademark registration
article 16 a trademark that meets the relevant provisions of this law shall be preliminarily examined and approved by the trademark office and announced.
article 17 where a trademark applied for registration does not conform to the relevant provisions of this law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the trademark office will reject the application and will not publish it.
article 18 where two or more applicants apply for registration of the same or similar goods with the same or similar trademarks, the trademark that was applied earlier shall be preliminarily examined and announced; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
article 19 any person may raise an objection to a trademark that has been preliminarily examined and approved within three months from the date of announcement. If there is no objection or the objection cannot be established by ruling, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made; If the objection is established by ruling, the registration shall not be approved.
article 2 the administrative department for industry and commerce of the State Council shall set up a trademark review and adjudication board to handle trademark disputes.
article 21 the trademark office shall notify the applicant in writing of the trademark whose application is rejected and which will not be announced. If the applicant is not satisfied, he may apply for reexamination within 15 days after receiving the notice, and the Trademark Review and Adjudication Board will make a final decision and notify the applicant in writing.
article 22 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 applicant, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply for a review within 15 days after receiving the notice. The Trademark Review and Adjudication Board will make a final ruling and notify the objector and the applicant in writing.
chapter iv renewal, transfer and license for use of registered trademarks
article 23 the validity period of a registered trademark is ten years, counting from the date of approval of registration.
Article 24 Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before its expiration; Failing to file an application within this period, a six-month grace period may be granted. If an application has not been filed at the expiration of the exhibition period, its registered trademark shall be cancelled.
each renewal registration is valid for ten years.
after the renewal of registration is approved, it shall be announced.
Article 25 Where a registered trademark is assigned, both the assignor and the assignee shall file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.
after the transfer of a registered trademark is approved, it shall be announced.
article 26 a trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
anyone who uses another person's registered trademark with permission must indicate the name of the licensee and the place of origin of the goods on which the registered trademark is used.
a trademark licensing contract shall be reported to the Trademark Office for the record.
chapter v adjudication of disputes over registered trademarks
article 27 where a registered 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 make a ruling to cancel the registered trademark.
except in the circumstances specified in the preceding paragraph, if there is any dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for adjudication within one year from the date when the trademark is approved for registration.
after receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.
article 28 a trademark that has been challenged and ruled before its registration is approved may not be applied for ruling on the same facts and reasons.
Article 29 After the Trademark Review and Adjudication Board makes a final ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing.
Chapter VI Administration of the Use of Trademarks
Article 3 Where a registered trademark is used in any of the following ways, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit:
(1) changing the words, figures or their combinations of the registered trademark by itself;
(2) changing the name, address or other registered items of the registrant of a registered trademark;
(3) transferring a registered trademark by itself;
(4) stopped using for three consecutive years.
article 31 where a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, the administrative departments for industry and commerce at all levels shall, according to different situations, order it to make corrections within a time limit, and may notify it or impose a fine, or the trademark office shall revoke its registered trademark.
article 32 where a registered trademark is revoked or not renewed upon expiration, the trademark office shall not approve an application for trademark registration that is identical with or similar to the trademark within one year from the date of revocation or cancellation.
article 33 anyone who violates the provisions of article 5 of this law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit and may also be fined.
Article 34 Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:
(1) Whoever impersonates a registered trademark;
(2) Violating the provisions of Article 8 of this Law;
(3) shoddy, shoddy, cheating consumers.
Article 35 If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may apply for a review within 15 days after receiving the notice, and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.
article 36 if a party refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of articles 31, 33 and 34 of this law, he may bring a suit in a people's court within 15 days of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
chapter VII protection of the exclusive right to use a registered trademark
article 37 the exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 38 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the owner of the registered trademark;
(2) selling goods that are known to be counterfeit registered trademarks;
(3) forging, unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(4) causing other damage to the exclusive right to use a registered trademark of others.
article 39 where one of the acts listed in article 38 of this law infringes on the exclusive right to use a registered trademark, the infringed person may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to stop the infringement immediately and compensate the infringed person for the losses, and the compensation amount is the profits gained by the infringer during the infringement period or the losses suffered by the infringed person during the infringement period. Where the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may impose a fine. If a party refuses to accept the decision of the administrative department for industry and commerce to stop the infringement or impose a fine, he may bring a suit in a people's court within fifteen days of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
where the exclusive right to use a registered trademark is infringed, the infringed person may also directly bring a suit in a people's court.
Article 4 Whoever counterfeits another person's registered trademark, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed person.
if anyone forges or manufactures another person's registered trademark logo without authorization or sells a forged or manufactured registered trademark logo, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law in addition to compensating the infringer for his losses.
if a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed person.
Chapter VIII Supplementary Provisions
Article 41 Those who apply for trademark registration and handle other trademark matters shall pay fees, and the specific fees shall 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 submitted to the State Council for approval.
article 43 this law shall come into force as of March 1, 1983. On April 1, 1963, the Regulations on Trademark Management promulgated by the State Council was abolished at the same time; Any other provisions on trademark administration that contravene this Law shall be invalid at the same time.
trademarks registered before the implementation of this law shall remain valid.
Attachment: the NPC Standing Committee's Decision on Amending the Trademark Law of the People's Republic of China
The 3th session of the 7th the NPC Standing Committee deliberated on the State Council's proposal on the Amendment (Draft) of the Trademark Law of the People's Republic of China. It is decided to make the following amendments to the Trademark Law of the People's Republic of China:
1. Article 4 is amended into three paragraphs:
"Enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for the registration of a commodity trademark.
"Enterprises, institutions and individual industrialists and businessmen who need to obtain the exclusive right to use trademarks for the services they provide shall apply to the Trademark Office for registration of service trademarks.
"The provisions of this Law on commodity trademarks are applicable to service trademarks."
2. One paragraph is added to Article 8 as the second paragraph: "The place names of administrative divisions at or above the county level or foreign places known to the public shall not be used as trademarks, except those with other meaning; Registered trademarks using geographical names continue to be valid. "
article 12 is amended as: "where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to the classification table of goods."
4. one paragraph is added to article 26 as the second paragraph: "anyone who uses a registered trademark of another person with permission must indicate the name of the licensee and the place of origin of the commodity on which the registered trademark is used."
5. the first paragraph of article 27 is amended as two paragraphs: "a registered trademark violates the provisions of article 8 of this law, or is fraudulent or otherwise incorrect.