LAWS AND REGULATIONS

(Adopted at the 24th meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982, and amended in accordance with the Decision on Amending the Trademark Law of the People's Republic of China adopted at the 30th meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993) 

Article 1 This Law is enacted for the purpose of strengthening the administration of trademarks, protecting the exclusive right to use trademarks, and encouraging producers to ensure the quality of their goods and maintain the reputation of their trademarks, so as to protect the interests of consumers and promote the development of the socialist commodity economy. 

Article 2 The Trademark Office of the administrative department for industry and Commerce under The State Council shall be responsible for the registration and administration of trademarks throughout the country. 

Article 3 A trademark that has been approved and registered by the Trademark Office shall be a registered trademark, and the trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law. 

Article 4 Any enterprise, institution or individual industrial and commercial enterprise that needs to obtain the exclusive right to use a trademark for the commodities it produces, manufactures, processes, selects or distributes shall file an application with the Trademark Office for the registration of a trademark for commodities. 

Any enterprise, institution or individual industrial and commercial enterprise that needs to obtain the right to exclusive use of a trademark for the services it provides shall apply to the Trademark Office for the registration of a service mark. 

The provisions of this Law concerning commodity marks shall apply to service marks. 

Article 5 For goods where the State stipulates that a registered trademark must be used, an application for trademark registration must be filed; without approval of the registration, no goods may be sold on the market.

Article 6 The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark administration, supervise the quality of commodities and prevent acts of deceiving consumers.

Article 7 The words, graphics or combinations thereof used in a trademark shall have distinctive features to facilitate identification. Where a registered trademark is used, "registered trademark" or registration mark shall be indicated.

Article 8 The following words and figures may not be used in trademarks: 

(1) those identical with or similar to the state name, national flag, national emblem, military flag, or MEDALS of the People's Republic of China; 

(2) those identical with or similar to the state name, national flag, national emblem or military flag of a foreign country; 

(3) those identical with or similar to the flags, emblems or names of international intergovernmental organizations; 

(4) those identical with or similar to the symbols or names of the Red Cross or the Red Crescent; 

(5) the generic name and graphics of the product; 

(6) directly expressing the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;

(7) acts of ethnic discrimination; 

(8) exaggerated propaganda and deceptive; 

(9) those that are harmful to socialist morality or have other adverse effects. 

Geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may not be used as trademarks, except where geographical names have other meanings; Registered trademarks using geographical names shall continue to be valid.

Article 9 Where a foreigner or a foreign enterprise applies for trademark registration in China, the application shall be handled in accordance with the agreement concluded between the country to which the foreigner belongs and the People's Republic of China or the international treaty to which both countries are parties, or in accordance with the principle of reciprocity. 

Article 10 Where a foreigner or a foreign enterprise applies for trademark registration or handles other trademark matters in China, it shall entrust an organization designated by the State to act as its agent.

Chapter II Application for Trademark registration

Article 11 An application for trademark registration shall be filed in accordance with the prescribed list of classification of commodities in which the class of commodities and the name of the commodities in which the trademark is to be used.

Article 12 Where the same applicant uses the same trademark in respect of different classes of goods, an application for registration shall be filed according to the classification of commodities.

Article 13 Where a registered trademark needs to be used in respect of other goods of the same class, a separate application for registration shall be filed. 

Article 14 Where the words or graphics of a registered trademark need to be changed, a new application for registration shall be filed. 

Article 15 Where a registered trademark needs to change the name, address or other registered matters of the registrant, an application for change shall be filed.

Chapter III Examination and approval of trademark registration

Article 16. Where an application for registration of a trademark complies with the relevant provisions of this Law, the Trademark Office shall make a preliminary examination and approval and publish it.

Article 17 Where a trademark for which registration has been applied is not in conformity with the relevant provisions of this Law or is identical with or similar to another person's trademark that has been registered or has been preliminatively approved in respect of the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 18. Where two or more applicants apply for registration of identical or similar trademarks in respect of the same or similar goods, the trademark which was first applied for shall be preliminarily examined and approved and published. Where the application is filed on the same day, the trademark that was first used shall be preliminatively examined and approved and published, and the application of others shall be rejected and not published. 

Article 19. Any person may file an opposition to a trademark that has been preliminarily approved within three months from the date of its announcement. If there is no objection, or if the objection is ruled to be untenable, the registration shall be approved, the trademark registration certificate shall be issued, and the trademark shall be published. If the objection is established by ruling, registration shall not be approved.

Article 20 The administrative department for industry and commerce under The State Council shall establish a trademark Review and Adjudication Board to be responsible for handling trademark disputes.

Article 21. With respect to a trademark whose application has been rejected or whose announcement has not been made, the Trademark Office shall notify the applicant in writing. If the applicant is not satisfied, he may apply for a review within 15 days from receipt of the notice, and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing. 

Article 22 Where an opposition is filed against a trademark that has been preliminarily approved and published, the Trademark Office shall hear the opposing party and the applicant state the facts and reasons, and, after investigation and verification, make a ruling. Where any party is dissatisfied, it may, within fifteen days from receipt of the notice, apply for a review, and the Trademark Review and Adjudication Board shall make a final ruling and notify the opposing party and the applicant in writing.

Chapter IV Renewal, assignment and licensing of registered trademarks

Article 23 The term of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

Article 24 Where a registered trademark needs to continue to be used after the expiration of its term of validity, an application for renewal of the registration shall be made within six months prior to the expiration. If no application is made within this period, a six-month extension may be granted. Where no application has been filed upon the expiration of the period of extension, the registered trademark shall be cancelled. 

Each renewal of registration is valid for ten years.

The renewal of registration shall be announced after approval. 

Article 25 Where a registered trademark is assigned, the assignor and the assignee shall jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

After the transfer of a registered trademark has been approved, it shall be published. 

Article 26 A trademark registrant may, by signing a trademark licensing contract, license another person to use its registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used.

Where a person is licensed to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods on which the registered trademark is used. 

A trademark licensing contract shall be submitted to the Trademark Office for the record.

Chapter V Adjudication of disputes over registered trademarks

Article 27 Where a trademark has been registered in violation of the provisions of Article 8 of this Law, or where the registration was obtained by deception or any other unfair means, the Trademark Office shall cancel the registered trademark; Any other entity or individual may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark. 

In addition to the circumstances provided for in the preceding paragraph, where there is a dispute over a registered trademark, an application may be filed with the Trademark Review and Adjudication Board for a ruling within one year from the date of approval of the registration of the trademark. 

After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a defense within a time limit.

Article 28 Where an objection to a trademark has been raised and adjudicated before its registration is approved, no application for adjudication shall be made on the same facts and grounds. 

Article 29 After the Trademark Review and Adjudication Board has made a final ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing.

Chapter VI Administration of Trademark use

Article 30 Any person who, in using a registered trademark, commits any of the following acts shall be ordered by the Trademark Office to make corrections within a time limit or cancel his registered trademark:

(1) changes the words, graphics or combinations of the registered trademark on its own; 

(2) changing the name, address or other registration matters of the registrant of the registered trademark on its own;

(3) transferring a registered trademark on its own;

(4) discontinued for three consecutive years.

Article 31 Where a person uses a registered trademark and his goods are shoddy or defective, or consumers are deceived, the administrative department for industry and commerce at various levels shall order him to make corrections within a specified time limit, and may also make a notification or impose a fine, or the Trademark Office may cancel his registered trademark.

Article 32 Where a registered trademark has been revoked or is not renewed upon expiration, the Trademark Office shall not approve any application for the registration of a trademark identical with or similar to the said trademark within one year from the date of cancellation or cancellation.

Article 33 Whoever 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 concurrently be fined. 

Article 34 Where an unregistered trademark is used and any of the following acts is committed, the local administrative department for industry and commerce shall stop it, set a time limit for correction, and may notify or impose a fine:

(1) impersonating a registered trademark; 

(2) in violation of Article 8 of this Law; 

(3) shoddy, shoddy, deceiving consumers. 

Article 35 Any party dissatisfied with the decision of the Trademark Office to revoke a registered trademark may, within 15 days from receipt of the notification, apply for a review. The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

Article 36 If a party is not satisfied with the decision of the administrative department for industry and commerce to impose a fine in accordance with the provisions of Articles 31, 33 and 34 of this Law, he may, within 15 days from receipt of the notification, bring a suit in a people's court. Where neither a suit is brought nor performance is fulfilled within 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 registered trademarks

Article 37 The exclusive right to use a registered trademark shall be limited to the trademark whose registration has been approved and to the goods whose use has been approved.

Article 38 Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: 

(1) using a trademark identical or similar to its registered trademark on the same kind of goods or similar goods without the permission of the owner of the registered trademark;

(2) selling goods that are knowingly counterfeit registered trademarks; 

(3) forging or manufacturing without authorization the marks of a registered trademark of another person or selling the marks of a registered trademark forged or manufactured without authorization; 

(4) causing other damage to the exclusive right to use a registered trademark of another person. 

Article 39 Where any of the acts listed in Article 38 of this Law infringes upon the right to exclusive use of a registered trademark, the infringed party may request the administrative department for industry and commerce at or above the county level to settle the matter, and the relevant administrative department for industry and commerce shall have the power to order the infringed party to immediately stop the infringing act and compensate the infringed party for its losses. The amount of compensation is the profit gained by the infringer during the infringement period or the loss suffered by the infringed during the infringement period. Where an 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 order it to stop the infringing act or to impose a fine, it may, within 15 days of receiving the notice, bring a suit before a people's court. Where neither a suit is brought nor performance is fulfilled within the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Where the right to exclusive use of a registered trademark is infringed, the infringed may also bring a suit directly before a people's court.

Article 40 Where counterfeiting another person's registered trademark constitutes a crime, criminal liability shall be investigated according to law, in addition to compensating the infringed party's losses. 

Where a person forges or without authorization manufactures the mark of another person's registered trademark or sells the mark of another person's registered trademark which is forged or manufactured without authorization and constitutes a crime, in addition to compensating the losses of the infringed party, he shall be investigated for criminal responsibility according to law. 

Where the sale of goods that are knowingly counterfeit registered trademarks constitutes a crime, criminal responsibility shall be investigated according to law, in addition to compensating the infringed party's losses.

Chapter VIII Supplementary Provisions

Article 41 Anyone applying for trademark registration or handling other trademark matters shall pay a fee, the specific fee standard shall be determined separately.

Article 42 Rules for the implementation of this Law shall be formulated by the administrative department for industry and commerce under The State Council and submitted to The State Council for approval. 

Article 43 This Law shall come into force as of March 1, 1983. The Regulations on Trademark Administration promulgated by The State Council on April 10, 1963 shall be repealed simultaneously; Any other provisions concerning trademark administration that contravene this Law shall be invalidated at the same time. 

Trademarks that have been registered before this Law goes into effect shall continue to be valid.