Chapter 1 General Provisions Article 1 The purpose of the legislation is to strengthen trademark management, protect the exclusive rights to trademarks, urge producers and operators to ensure the quality of goods and services, and maintain the reputation of trademarks, so as to protect consumers and producers and operators. This law is specially formulated to protect the interests of the people and promote the development of the socialist market economy. Article 2 The Trademark Office, the industrial and commercial administration department of the State Council, is responsible for the nationwide trademark registration and management.

The Administration for Industry and Commerce of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes. Article 3 Acquisition and Protection of Exclusive Rights for Trademarks Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registrants enjoy the exclusive right to use 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 Application for Trademark Registration A natural person, legal person or other organization that needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes shall apply to the Trademark Office for commodity trademark registration.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration.

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: Compulsory registration: Goods that must use registered trademarks as stipulated by the state must apply for trademark registration. Products without approved registration may not be sold in the market. Article 7 Quality Management of Goods Using Trademarks Trademark users shall be responsible for the quality of goods using their trademarks. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers. Article 8 Visible signs that can be used as trademarks are any visible signs 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 and color combinations, and Any combination of the above elements can be applied for registration as a trademark. Article 9: Composition of a Trademark The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously obtained by others.

Trademark registrants have the right to indicate "registered trademark" or registered mark. Article 10 Texts and graphics prohibited from being used as trademarks The following signs shall not be used as trademarks:

(1) Identical or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China It is the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;

(2) It is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country, Except with the consent of the government of the country;

(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to official signs and inspection marks indicating implementation of control and guarantee, except those authorized;

(5) Same as "Red Cross" and "Red Crescent" "The name or logo is the same or similar;

(6) Ethnic discriminatory; (7) Exaggerated propaganda and deceptive;

(8) Harmful to socialist morals or have 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 Signs Prohibited from Use as Trademarks The following signs shall not be registered as trademarks:

(1) Only the common name, graphics, and model of the product;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features.

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 registered trademarks with three-dimensional marks for product characteristics that are prohibited from being used as trademarks, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be used. register. Article 13 It is prohibited to copy, imitate or translate someone else’s well-known trademark. 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.