LAWS AND REGULATIONS

Chapter I General provisions

Article 1 This Law is enacted with a view to strengthening the administration of trademarks, protecting the exclusive right to use trademarks, encouraging producers and operators to ensure the quality of their goods and services and maintaining the reputation of their trademarks, so as to protect the interests of consumers and producers and operators and promote the development of the socialist market 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.

The administrative department for industry and commerce under The State Council shall establish a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3 The trademarks approved and registered by the Trademark Office shall be registered trademarks, including commodity marks, service marks, collective marks and certification marks; The trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law.

The term "collective trademark" as used in this Law refers to a mark registered in the name of a group, association or other organization and used by the members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification mark" as used in this Law refers to a mark which is controlled by an organization that has the ability to supervise a certain commodity or service and used by a unit or individual other than that organization on its commodity or service to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.

The special matters concerning the registration and administration of collective trademarks and certification marks shall be formulated by the administrative department for industry and commerce under The State Council.

Article 4 Any natural person, legal person or other organization that needs to obtain the right to exclusive use of 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.

Any natural person, legal person or other organization 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 Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for the registration of the same trademark, and jointly enjoy and exercise the right to exclusive use of the trademark.

Article 6 Where the State stipulates that the use of a registered trademark is required, an application for trademark registration must be filed for the goods. Without approval of the registration, the goods may not be sold on the market.

Article 7 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, stop any act of deceiving consumers.

Article 8 Any visible sign 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, as well as the combination of the above elements, may be applied for registration as a trademark.

Article 9 A trademark for which an application for registration has been filed shall have distinctive features, be easy to identify, and shall not conflict with the lawful rights previously acquired by others.

A trademark registrant shall have the right to indicate a "registered trademark" or a registration mark.

Article 10 The following marks shall not be used as 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, and those identical with the names of specific places where central State organs are located or the names and images of landmark buildings;

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

(3) those identical with or similar to the name, flag or emblem of an intergovernmental international organization, except with the consent of the organization or where it is not easy to mislead the public;

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

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

(6) acts of ethnic discrimination;

(7) exaggerated propaganda and deceptive;

(8) those that are harmful to socialist morals and customs 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. However, the geographical name has other meanings or is used as part of a collective trademark or certification mark, except; Registered trademarks using geographical names shall continue to be valid.

Article 11 The following marks shall not be registered as trademarks:

(1) having only the generic name, pattern or model of the commodity;

(2) directly expressing the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the commodity;

(3) lack of distinctive features.

The marks listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easy to identify.

Article 12 Where an application for registration of a trademark is made with a three-dimensional mark, the shape generated solely by the nature of the goods themselves, the shape of the goods necessary to obtain a technical effect, or the shape that gives the goods substantial value shall not be registered.

Article 13 Where a trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of another person's well-known trademark that has not been registered in China and is likely to cause confusion, it shall not be registered and shall be prohibited from use.

Where a trademark applied for registration in respect of a different or dissimilar commodity is a reproduction, imitation or translation of another person's well-known trademark already registered in China, which misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and shall be prohibited from use.

Article 14 The following factors shall be taken into account in determining a well-known trademark:

(1) the degree of public awareness of the trademark;

(2) the duration of use of the trademark;

(3) the duration, extent and geographical scope of any publicity of the trademark;

(4) records of the protection of the trademark as a well-known trademark;

(5) other factors for which the trademark is well-known.

Article 15 Where an agent or representative registers the trademark of the principal or the represented in his own name without authorization, and the principal or the represented raises an objection, the registration shall not be granted and the use shall be prohibited.

Article 16 Where a trademark contains a geographical indication of a commodity, and the commodity does not originate from the region indicated by the mark, thus misleading the public, it shall not be registered and shall be prohibited from use; However, registration that has been obtained in good faith continues to be valid.

The geographical indication mentioned in the preceding paragraph is a sign indicating that a commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region.

Article 17 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 18 Where a foreigner or a foreign enterprise applies for trademark registration and handles other trademark matters in China, it shall entrust an organization with the qualification of trademark agency recognized by the State to act on its behalf.

Chapter II Application for Trademark registration

Article 19 Where an application for trademark registration is filed, the class and name of the commodities in which the trademark is to be used shall be reported in accordance with the prescribed list of classification of commodities.

Article 20 Where an applicant for trademark registration applies for the registration of the same trademark on different classes of goods, an application for registration shall be filed according to the classification of commodities.

Article 21 Where a registered trademark needs to be used on other goods of the same class, a new application for registration shall be filed.

Article 22 Where a registered trademark needs to change its mark, a new application for registration shall be filed.

Article 23 Where a registered trademark needs to change the name, address or other registered matters of the registrant, an application for change shall be filed.

Article 24 Where an applicant for trademark registration files another application for trademark registration in China with respect to the same trademark for the same goods within six months from the date of the first application for trademark registration in a foreign country, in accordance with any agreement concluded between the foreign country and China or any international treaty to which both countries are parties, Or priority may be enjoyed in accordance with the principle of mutual recognition of priority.

Where a right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made when the application for trademark registration is filed, and a copy of the application documents for trademark registration first filed shall be submitted within three months; Where a written declaration is not made or a copy of the application for trademark registration is not submitted within the time limit, the right of priority shall not be claimed.

Article 25 Where a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese Government, the applicant for registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the said goods.

Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing the application for trademark registration, and within three months, the name of the exhibition in which the goods are displayed, evidence of the use of the trademark on the goods on display, the date of exhibition and other supporting documents shall be submitted; Those who fail to make a written declaration or submit supporting documents within the time limit shall be deemed to have not claimed the right of priority.

Article 26 The matters declared in the application for trademark registration and the materials provided shall be true, accurate and complete.

Chapter III Examination and approval of trademark registration

Article 27 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 28 Where a trademark for which an application has been filed for registration 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 29 Where two or more applicants for trademark registration apply for registration of identical or similar trademarks in respect of the same kind of goods or similar goods, the trademark with the earlier application 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 30 Any person may file an opposition to a trademark that has been preliminarily approved within three months from the date of its announcement. Where there is no objection after the expiration of the period of public announcement, the registration shall be approved, the trademark registration certificate shall be issued, and the trademark shall be published.

Article 31 An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preempt by unfair means the registration of a trademark that has already been used by others and has certain influence.

Article 32 Where the application for rejection of a trademark is rejected and the trademark is not published, the Trademark Office shall notify the applicant for trademark registration in writing. Where the applicant for trademark registration is dissatisfied, it may, within 15 days from the date of receipt of the notification, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification.

Article 33 Where an opposition is filed against a trademark that has been preliminarily approved and published, the Trademark Office shall hear the facts and reasons stated by the opponent and the person against whom the opposition is filed, and, after investigation and verification, make a ruling. If the party is dissatisfied, it may, within 15 days from the date of receipt of the notification, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a ruling and notify the opposing party and the opposed party in writing.

If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification. The people's court shall notify the other party to the trademark review proceedings to participate in the proceedings as a third party.

Article 34 Where, within the statutory time limit, the parties do not apply for review of the ruling made by the Trademark Office or do not bring a suit before the People's Court for the ruling made by the Trademark Review and Adjudication Board, the ruling shall become effective.

If it is ruled that the objection cannot be established, the registration shall be approved, a trademark registration certificate shall be issued, and a public announcement shall be made; If the objection is established by ruling, registration shall not be approved.

Where a ruling is made that the objection cannot be established and the registration is approved, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date on which the announcement of the first examination expires within three months.

Article 35 An application for trademark registration and an application for trademark reexamination shall be examined in a timely manner.

Article 36 Where an applicant for trademark registration or a registrant finds obvious errors in the trademark application documents or registration documents, it may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.

Chapter IV Renewal, assignment and licensing of registered trademarks

Article 37 The term of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

Article 38 Where a registered trademark needs to continue to be used after the expiration of its 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 39 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and 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. The assignee shall enjoy the right to exclusive use of the trademark from the date of the announcement.

Article 40 A trademark registrant may, by signing a trademark license 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 41 Where a registered trademark violates the provisions of Articles 10, 11 or 12 of this Law, or the registration of a trademark 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.

Where a registered trademark violates the provisions of Articles 13, 15, 16 or 31 of this Law, the trademark owner or an interested party may, within five years from the date of registration of the trademark, request the Trademark Review and Adjudication Board to make an adjudication to cancel the registered trademark. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.

In addition to the circumstances provided for in the preceding two paragraphs, 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 five years 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 42 Where an objection has been raised and adjudicated on a trademark before its registration has been approved, an application for adjudication shall not be made on the same facts and grounds.

Article 43 After the Trademark Review and Adjudication Board has made a ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing.

If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification. The people's court shall notify the other party to the trademark adjudication procedure to participate in the lawsuit as a third party.

Chapter VI Administration of Trademark use

Article 44 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) changing a registered trademark on its own initiative;

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

(3) transferring a registered trademark on its own initiative;

(4) It has been discontinued for three consecutive years.

Article 45 Where a person uses a registered trademark and the goods thereof are shoddy, shoddy or deceptive, 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 shall cancel the registered trademark.

Article 46 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 the cancellation or cancellation.

Article 47 Any person who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a specified time limit and may concurrently be fined.

Article 48 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 it or impose a fine:

(1) impersonating a registered trademark;

(2) violating the provisions of Article 10 of this Law;

(3) those that are shoddy, shoddy or deceiving consumers.

Article 49 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 to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notification.

Article 50 Any party who refuses to accept the decision of imposing a fine made by the administrative department for industry and commerce in accordance with the provisions of Article 45, 47 or 48 of this Law may, within 15 days from receipt of the notification, institute legal proceedings 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 51 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 52 Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) using a trademark identical with or similar to its registered trademark in respect of the same or similar goods without the permission of the trademark registrant;

(2) selling goods that infringe upon the exclusive right to use a registered trademark;

(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) replacing its registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market;

(5) causing other damage to another person's exclusive right to use a registered trademark.

Article 53 Where any of the acts listed in Article 52 of this Law infringe upon the exclusive right to use a registered trademark, and a dispute arises, the parties shall settle it through consultation; If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, it may bring a suit before a people's court or request the administrative department for industry and commerce to handle the matter. Where the administrative department for industry and commerce finds that the infringing act is established, it shall order it to stop the infringing act immediately, confiscate or destroy the infringing commodities and the tools specially used for manufacturing infringing commodities or forgery of the logos of registered trademarks, and may impose a fine. If the party concerned is not satisfied with the decision, it may, within 15 days from the date of receipt of the notification of the decision, bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China; If the infringer neither brings a suit nor complies with the law within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce handling the case may, at the request of the party concerned, mediate the amount of compensation for the infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 54 The administrative department for industry and commerce shall have the power to investigate and deal with any infringement of the exclusive right to use a registered trademark; Where a crime is suspected, it shall be promptly transferred to a judicial organ for handling according to law.

Article 55 The administrative departments for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with the suspected infringement of the exclusive right to use a registered trademark of another person on the basis of the evidence or reports of suspected violations obtained:

(1) to question the parties concerned and investigate the circumstances relating to the infringement of the exclusive right to use a registered trademark of another person;

(2) to consult and copy the contracts, invoices, account books and other relevant materials related to the infringing activities of the parties;

(3) conducting on-site inspection of the premises where a party is suspected of engaging in activities infringing on the exclusive right to use a registered trademark of another person;

(4) inspect articles related to infringing activities; Articles that can be proved by evidence to be infringing upon another person's right to exclusive use of a registered trademark may be sealed up or seized.

When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall provide assistance and cooperation, and may not refuse or obstruct.

Article 56 [Amount of compensation] The amount of compensation for infringement of the exclusive right to use a trademark shall be the interests obtained by the infringer during the period of infringement or the losses suffered by the infringed during the period of infringement, including the reasonable expenses paid by the infringed to stop the infringing act.

Where the interests of the infringer as mentioned in the preceding paragraph or the losses suffered by the infringer as a result of the infringement are difficult to determine, the people's court shall, according to the circumstances of the infringement, award compensation of not more than 500,000 yuan.

Whoever sells a commodity without knowing that it infringes upon the exclusive right to use a registered trademark and can prove that the commodity has been legally acquired by himself and the supplier shall not be liable for compensation.

Article 57 Where a trademark registrant or an interested party has evidence to prove that another party is committing or is about to commit an act infringing upon its exclusive right to use a registered trademark, which, if not stopped in time, will cause irreparable damage to its legitimate rights and interests, it may, before bringing a suit, apply to the people's court for measures to order the cessation of the relevant acts and property preservation.

In handling the application mentioned in the preceding paragraph, the people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China.

Article 58 In order to stop the infringement, the trademark registrant or an interested party may apply to the people's court for the preservation of evidence before bringing a suit under the circumstances that the evidence may be lost or difficult to obtain later.

"After receiving an application, the people's court must make an order within 48 hours; Where an order is made to take preservation measures, the enforcement shall commence immediately.

The people's court may order the applicant to provide security; if the applicant fails to provide security, the application shall be rejected.

If the applicant does not bring a suit within 15 days after the people's court takes the preservation measures, the people's court shall rescind the preservation measures.

Article 59 Where, without the permission of the trademark registrant, a trademark identical to its registered trademark is used on the same kind of goods, if a crime is constituted, criminal liability shall be investigated according to law, in addition to compensating the losses of the infringed party.

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.

Article 60 Functionaries of state organs engaged in trademark registration, administration and review must enforce the law impartially, be incorruptible and self-disciplined, be loyal to their duties and serve in a civilized manner.

The functionaries of the Trademark Office, the Trademark Review and Adjudication Board and the state organs engaged in trademark registration, administration and review shall not engage in trademark agency business or commodity production or business activities.

Article 61 The administrative department for industry and commerce shall establish a sound internal supervision system to supervise and inspect the implementation of laws and administrative regulations and the observance of discipline by the functionaries of state organs responsible for trademark registration, administration and review.

Article 62 Where any functionaries of state organs engaged in trademark registration, administration and review dereliction of duty, abuse of power, practice favoritism, illegally handle trademark registration, administration and review matters, accept money or property from a party or seek improper benefits, if the case constitutes a crime, criminal responsibility shall be investigated according to law; If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Chapter VIII Supplementary Provisions

Article 63 Anyone applying for trademark registration or handling other trademark matters shall pay a fee, the specific fee standards shall be determined separately.

Article 64 This Law shall enter 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 the implementation of this Law shall continue to be valid.