The Civil Code stipulates that the time within which trademark infringement can be prosecuted is three years. Because Article 188 of the "People's Republic of China and Civil Code" clearly stipulates that the statute of limitations for requesting protection of civil rights from the People's Court is three years.

Legal basis

Article 188 of the "People's Republic of China and Civil Code"

Limitation period for requesting the People's Court to protect civil rights for three years. If the law provides otherwise, such provisions shall prevail.

The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.