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

(The 12th National People's Congress on August 30, 2013 Passed by the Fourth Meeting of the Standing Committee)

The fourth meeting of the Standing Committee of the Twelfth National People's Congress decided to make the following amendments to the Trademark Law of the People's Republic of China:

1. Merge the first and second paragraphs of Article 4 and amend it to read: “Natural persons, legal persons or other organizations that need to obtain the exclusive right to use a trademark for their goods or services in production and business activities shall apply to the Trademark Office Apply for trademark registration."

2. Amend Article 6 to read: "Products that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and may not be sold in the market without approval of registration. ”

3. Add a paragraph to Article 7 as the first paragraph: “Application for registration and use of trademarks shall be based on the principle of good faith”

4. Add Article 8. The article is modified to read: “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 combinations of the above elements, are Can apply for registration as a trademark."

5. Amend the first to third items of Article 10 to read: "(1) The same country name and national flag as the People's Republic of China. , the national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;

"(2) Identical or similar to a foreign country's name, national flag, national emblem, military flag, etc., except with the consent of the government of that country;

"(3) Same as an intergovernmental international organization The name, flag, emblem, etc. are the same or similar, except with the consent of the organization or if it is not likely to mislead the public."

Amend item 7 of paragraph 1 to read: "(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or their origin."

6. Change "only" in the second item of paragraph 1 of Article 11 to "only".

Amend the third item of the first paragraph to read: "(3) Other things that lack distinctive characteristics."

7. Add a paragraph to Article 13 as the first Paragraph: "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."

8. Amend Article 14 to: " 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 shall be considered in 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) Records that the trademark is protected as a well-known trademark;

“(5) Other factors that make the 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,

“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 a 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 Article 13 of this Law, the people's court designated by the Supreme People's Court may make a decision on the well-known status of the trademark based on the needs of hearing the case. identified.

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

9. Add a paragraph to Article 15 as the second paragraph: “If a 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, the applicant and the other person have the same rights as in the preceding paragraph. If you know the existence of another person's trademark due to a contract, business relationship or other relationship other than those specified in the regulations, and the other person raises an objection, the registration will not be granted."

10. Amend Article 18 to: "Application for trademark registration. Or when handling other trademark matters, you can handle them yourself or entrust a legally established trademark agency to handle them.

“Foreigners or foreign enterprises that apply for trademark registration and handle other trademark matters in China should entrust an agency established in accordance with the law. trademark agency. ”

11. Add one article as Article 19: “Trademark agencies shall follow 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. ; Has the obligation to keep confidential the principal’s business secrets learned during the agency process.

"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.

"The trademark agency knows or should know that the client If the trademark applied for registration falls under the circumstances specified in Articles 15 and 32 of this Law, the entrustment shall not be accepted.

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

12. Add one article as Article 20: "Trademark Agency Industry organizations should strictly implement the conditions for recruiting members in accordance with the provisions of their articles of association, and punish members who violate industry self-discipline standards. Trademark agency industry organizations should promptly announce to the public the members they have admitted and the punishment of members. ”

13. Add one article as Article 21: "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, and the specific measures shall be prescribed by the State Council."

14. Merge Articles 19 and 20 as Article 22 and amend it to read: “Applicants for trademark registration shall fill in the product categories and product names for which the trademark is used according to the prescribed product classification table. , submit a registration application.

“A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application.

“Applications for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.”

15. Change Article 21 to Article 23, Modify to: "If a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be submitted."

16. Change Article 23 to Article 40 One piece.

17. Change Article 27 to Article 28 and amend it to read: “For a trademark applied for registration, the Trademark Office shall have nine months from the date of receipt of the trademark registration application documents. After the internal review is completed and the application complies with the relevant provisions of this Law, a preliminary approval announcement will be made." 18. Add one article as Article 29: "During the review process, the Trademark Office considers the content of the trademark registration application. If clarification or correction is required, the applicant may be required to make a clarification or correction. If the applicant fails to make a explanation or correction, it will not affect the Trademark Office’s examination decision. ”

Article 30 Article 33 is changed to Article 33, and is revised to read: “For a trademark that has been initially approved and announced, within three months from the date of announcement, if the prior right holder or interested party believes that it violates paragraph 2 of Article 13 of this Law and Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or anyone who believes that Article 10 or 11 of this Law is violated Article 12, an objection 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. ”

20. Change Article 31 to Article 32.

21. Change Article 32 to Article 34, Amended to read: “For a trademark that rejects the application and will not be announced, the Trademark Office shall notify the trademark registration applicant in writing. 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. ”

22. Change Article 33 to Article 35, and amend it to: “If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the objections and the opposed parties State the facts and reasons, and after investigation and verification, make a decision on whether to approve registration within 12 months from the expiration of the announcement period, and notify the opponent and the person being opposed 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.

“When the Trademark Office makes a decision to approve registration, it shall issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may file a lawsuit with the Trademark Office in accordance with the provisions of Articles 44 and 45 of this Law. The Trademark Review and Adjudication Board requests that the registered trademark be declared invalid.

“If the Trademark Office makes a decision not to register the trademark and the opponent is dissatisfied, it 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 outcome of another case being heard by the people’s court or being handled by the administrative agency. , the review may be suspended. After the reasons for the suspension are eliminated, the review procedure shall be resumed.”

23. Change Article 34 to Article 36 and amend it to read: “When the legal period expires, the parties shall. If you do not apply for review of the Trademark Office's decision to reject an application or deny registration, or if you do not file a lawsuit with the People's Court against the Trademark Review and Adjudication Board's review decision, the decision to reject the application, deny registration, or review decision will take effect.

“For a trademark that is approved for registration after examination and objection is 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. ”

24. Change the title of Chapter 4 to “Renewal, Change, Transfer and Use License of Registered Trademarks”.

25. Change Chapter 30 Article 8 is changed to Article 40, and is revised to read: “If a registered trademark expires and needs to be continued to be used, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before the expiration; if the trademark registrant fails to handle the renewal during this period, , a six-month grace period can be 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.

”

26. Change Article 39 to Article 42, and add two paragraphs as the second and third paragraphs: “Where a registered trademark is transferred, the trademark registrant shall Similar trademarks registered on the same kind of goods, or identical or similar trademarks registered on similar goods, shall be transferred together.

"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."

27. Article 40 Article 43 is changed to Article 43, and the third paragraph is modified to read: “If someone licenses others to use his or her registered trademark, the licensor shall submit its trademark use license to the Trademark Office for filing, and the Trademark Office shall announce it. The trademark use license shall not be contested without filing. A bona fide third party.”

28. Change the title of Chapter 5 to “Declaration of Invalidity of Registered Trademarks”.

29. Merge Articles 41 and 43 into Articles 44 and 45, and modify them to:

" Article 44 If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or if the registration was obtained 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.

“When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the party concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, 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 parties 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.

“If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, after receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a defense within a time limit. The Trademark Review and Adjudication Board shall start from the date of receipt of the application. If a decision is made to maintain the registered trademark or declare the registered trademark invalid within nine months, and the party concerned is notified in writing that an extension is required, the party may extend the decision to the Trademark Review and Adjudication Board for three months with the approval of the Administration for Industry and Commerce of the State Council. If you are dissatisfied with the ruling, you 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 other party in the trademark ruling procedure to participate in the litigation as a third party.

"45. A registered trademark under Article 13, Paragraph 2 and Paragraph 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law It is stipulated that within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

“After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a decision within twelve months from the date of receipt of the application. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board and is not satisfied with the decision of the Trademark Review and Adjudication Board, it may be extended for six months if there are special circumstances that require an extension. The People's Court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party within thirty days from the date of notification. During the review process, if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. After the reasons for the suspension are eliminated, the review process should be resumed. ”

Thirty. Delete Article 42.

31. Add one article as Article 46: “After the statutory period has expired, the party concerned shall not apply for review of the Trademark Office’s decision to declare the registered trademark invalid or shall maintain the registration against the Trademark Review and Adjudication Board’s review decision. If a trademark or a ruling declaring a registered trademark invalid is not filed in the People's Court, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect." 32. Add one article as 47. Article: “A registered trademark 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 to have ceased to exist from the beginning.

“Decisions or rulings declaring a registered trademark invalid, judgments, rulings, mediation letters made by the People’s Court and executed trademark infringement cases before the invalidation, and decisions on the handling of trademark infringement cases made and executed by the industrial and commercial administrative departments. And trademark transfer or license contracts that have been performed will not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.

“If the compensation for trademark infringement, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which clearly violates the principle of fairness, all or part of the compensation shall be returned.”

Thirty-three , add one article as Article 48: “The use of trademarks as mentioned in this Law refers to the use of trademarks on goods, commodity packaging or containers, and commodity transaction documents, or the use of trademarks for advertising, exhibitions, and other commercial purposes. Activities used to identify the source of goods."

34. Change Article 44 to Article 49, and amend it to: "The process of the trademark registrant using the registered trademark. If a registered trademark, registrant's name, address or other registration matters are changed on one's own initiative, the local industrial and commercial administration department shall order the person to make corrections within a time limit; if the person fails to make corrections within the time limit, the Trademark Office shall revoke the registered trademark.

" If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. 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. ”

35. Delete Article 45.

36. Change Article 46 to Article 50 and read: “The registered trademark is If the trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office will not approve any application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation, invalidation or cancellation. ”

37. Change Article 47 to Article 51, and change “may be concurrently imposed a fine” to “If the illegal business volume exceeds 50,000 yuan, an illegal A fine of less than 20% of the business volume, and if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed."

38. Article 40 Article 8 is changed to Article 52, and revised to read: “Anyone who uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of the provisions of Article 10 of this Law, shall be stopped by the local industrial and commercial administrative department and shall make corrections within a time limit. It can also be notified that if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed. . "

39. Add one article as Article 53: "Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and be fined 100,000 yuan. . ”

40. Change Article 49 to Article 54, and amend it to: “If the party concerned is not satisfied with the decision of the Trademark Office to cancel or not to cancel a registered trademark, he may Apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of notification. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties 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. ”

41. Add one article as Article 55: “After the legal period expires, the party concerned does not apply for review of the Trademark Office’s decision to cancel the registered trademark or the Trademark Review and Adjudication Board’s decision If the review decision is not to file a lawsuit in the People's Court, the decision to cancel the registered trademark and the review decision will take effect.

"A canceled registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date of announcement."

42. Delete Article 50.

43. Change Article 52 to Article 57, and change the first item to two items. As the first item and the second item, change it to: "(1) Unknown Without the permission of the trademark registrant, using a trademark that is the same as its registered trademark on the same kind of goods;

“(2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant trademark, or using a trademark that is identical or similar to its registered trademark on similar goods, which is likely to cause confusion."

Add one item as the sixth item: "(6) Intentionally infringing the exclusive use of other people's trademarks Providing facilities for other people’s rights-seeking behavior and helping others to commit acts that infringe upon the exclusive right to use a trademark.”

44. Add one article as Article 58: “Using other people’s registered trademarks or unregistered well-known trademarks as If the use of trade names in enterprise names misleads the public and constitutes unfair competition, it shall be dealt with in accordance with the "Law of the People's Republic of China and the State Against Unfair Competition". "

45. Add one article as Article 59: "The common name, graphics, model of the product contained in the registered trademark, or directly indicating the quality, main raw materials, functions, The owner of the exclusive right to a registered trademark has no right to prohibit others from legitimate use of the purpose, weight, quantity and other characteristics, or the place name contained therein.

“The owner of the exclusive right to the registered trademark has no right to the shape contained in the three-dimensional mark registered trademark due to the nature of the product itself, the shape of the product required to obtain technical effects, or the shape that makes the product have substantial value. Prohibiting others from fair use.

“Before the trademark registrant applies for trademark registration, others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant. , the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but can require the user to attach appropriate distinguishing marks. ”

46. Change Article 53 to Article 60 and amend it to read: “Any act that infringes upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes disputes If the dispute is resolved through negotiation, the parties concerned shall negotiate; if they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

“When the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be If the illegal business amount is more than 50,000 yuan, a fine of not more than five times 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 not more than 250,000 yuan may be imposed. For trademark violations more than twice within five years. Those who commit infringement or have other serious circumstances shall be severely punished. If they sell goods that are not known to infringe the exclusive rights of registered trademarks, and they can prove that they have obtained the goods legally and indicate the supplier, the industrial and commercial administration department shall order them to stop selling them.

“For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People’s Court in accordance with the Civil Procedure Law of the People’s Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

”

47. Change Article 55 to Article 62, and change “account books” in the second item of paragraph 1 to “account books”.

Add a paragraph as the third paragraph: "During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated. ”

48. Change the first and second paragraphs of Article 56 to Article 63, and amend it to read: “The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the rights holder’s compensation for the infringement.” The actual losses suffered are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine, they can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

“In order to determine the amount of compensation, the people’s court may order the infringer to provide information related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. Account books and information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the right holder's claims and the evidence provided.

"The actual amount of compensation suffered by the right holder due to the infringement. If it is difficult to determine the losses, benefits gained by the infringer due to infringement, or registered trademark license fees, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. "

49. Add one article as Article 64. The first paragraph reads: "The owner of the exclusive right to a registered trademark requests compensation. The accused infringer claims that the owner of the exclusive right to the exclusive registered trademark has not used the registered trademark. If a defense is raised, the people's court may require the owner of the exclusive right to a registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. ”

Change the third paragraph of Article 56 to the second paragraph of Article 64, and amend it to read: “Whoever sells goods that do not know to infringe the exclusive rights of a registered trademark can prove that the goods are his own If it is obtained legally and the provider is stated, it will not be liable for compensation. ”

50. Change Article 57 to Article 65 and amend it to: “The trademark registrant or interested party has evidence to prove that others are infringing or about to infringe the exclusive use of his registered trademark.” If the person's behavior is not stopped in time and will cause irreparable damage to his legitimate rights and interests, he may apply to the People's Court to order the cessation of the relevant behavior and take measures to preserve property before filing a lawsuit in accordance with the law. ”

51. Change Article 58 to Article 66 and amend it to read: “In order to stop infringement, when the evidence may be lost or difficult to obtain in the future, the trademark registrant shall Or interested parties may apply to the People's Court for evidence preservation before prosecution in accordance with the law. "

52. Add one article as Article 68: "If a trademark agency commits any of the following acts, the industrial and commercial administration department shall order it to make corrections within a time limit, give a warning, and impose a fine of more than 10,000 yuan. A fine of not more than 100,000 yuan; the directly responsible person in charge and other directly responsible personnel shall be given a warning, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

" (1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;

“(2) Recruiting trademark agents by slandering other trademark agencies, etc. Business or use other improper means to disrupt the order of the trademark agency market;

“(3) Violate the provisions of paragraphs 3 and 4 of Article 19 of this Law.

“If a trademark agency commits the acts specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and shall Announcement.

“If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its charter. ”

53. Change Article 62 to Article 71, and change “administrative sanctions” to “discipline”.