Article 1    This Law is enacted in order to strengthen the trademark administration, protect the exclusive right to use a trademark, urge producers and business operators to ensure the quality of their goods and services, and maintain the reputation of trademarks, thereby safeguarding the interests of consumers, producers, and business operators and promoting the development of the socialist market economy.    

Article 2    The Trademark Office of the State Council's administrative department for industry and commerce shall be in charge of the trademark registration and administration nationwide.   

The State Council's administrative department for industry and commerce shall establish a Trademark Review and Adjudication Board to be responsible for handling trademark disputes.    

Article 3    Trademarks that are registered upon verification and approval of the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective marks, and certification marks. A trademark registrant shall be entitled to the exclusive right to use the registered trademark and such right shall be protected by the law.   

For the purposes of this Law, "collective marks" refer to signs that have been registered in the name of groups, associations, or other organizations, and which are intended to be used by members of such organizations in commercial activities to indicate the organization membership of users.   

For the purposes of this Law, "certification marks" refer to signs that are controlled by organizations having the capacity for supervision over certain goods or services and which are used by organizations or individuals other than such organizations on goods or services to certify the origin, raw materials, manufacturing method, quality, or other characteristics of such goods or services.   

Provisions on special matters concerning the registration and administration of collective marks and certification marks shall be set forth by the State Council's administrative department for industry and commerce.   

Article 4    Natural persons, legal persons, or other organizations that need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select, or distribute shall apply to the Trademark Office for trademark registration.   

Natural persons, legal persons, or other organizations that need to obtain the exclusive right to use service marks for the services they provide shall apply to the Trademark Office for service mark registration.   

Provisions in the Trademark Law regarding commodity trademarks shall be applicable to service marks.   

Article 5    Two or more natural persons, legal persons, or other organizations may jointly file a registration application for the same trademark with the Trademark Office and jointly enjoy and exercise the exclusive right to use the trademark.   

Article 6    Where any goods are required by the State to bear a registered trademark, an application must be submitted to register the trademark. If the trademark has not been registered through verification and approval, the goods shall not be sold on the market.    

Article 7    The users of a trademark shall be responsible for the quality of their goods bearing that trademark. The administrative departments for industry and commerce at each level shall, through trademark administration, inhibit the acts of deceiving consumers.    

Article 8    Any signs, including words, devices, letters, numbers, three-dimensional marks, colors and sounds, as well as combinations of the aforesaid elements, which are capable of distinguishing goods of one natural person, legal person, or other organization from those of another, may be registered as trademarks through application.   

Article 9    A trademark for which a registration application is made shall have distinctive features and be easily distinguishable, and shall not conflict with the pre-existing lawful rights of others.   

A trademark registrant has the right to mark the trademark with the phrase "注册商标" (registered trademark) or a registration symbol.   

Article 10    The following signs shall not be used as trademarks:   

(1) Those identical or similar to the State name, national flag, national emblem, military flag, army emblem, or medals of the People's Republic of China; or those identical to the names, signs or marks of Central Government authorities or the names of specific places where such authorities are located, or identical to the names or designs representing landmark buildings;   

(2) Those identical or similar to the State name, national flag, national emblem, or military flag of a foreign country, unless with consent of the government of that country;   

(3) Those identical or similar to the name, flag, or emblem of an international inter-government organization, unless with consent of such organization or unless they are unlikely to mislead the public;   

(4) Those identical or similar to official signs or hallmarks indicating control or warranty, except as otherwise authorized;   

(5) Those identical or similar to the name or sign or mark representing "Red Cross" or "Red Crescent";   

(6) Those with a nature of national or racial discrimination;    

(7) Those deceptive in nature, which are likely to mislead the public as to the characteristics of goods such as quality or place of origin; and   

(8) Those detrimental to socialist morality and custom or having other ill effects.   

Names of administrative divisions at or above the county level and foreign place names that are known to the public shall not be used as trademarks, unless any such name has other meanings or is an integral part of a collective or certification mark. If a trademark containing a place name has already been registered, the trademark shall remain valid.   

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

(1) Those consisting only of generic names, devices, or model numbers of the goods concerned;   

(2) Those consisting only of a direct representation of the quality, primary raw materials, functions, intended purposes, weight, quantity, or other characteristics of the goods concerned;   

(3) Others lacking distinctive features.   

The signs mentioned as specified in Items (2) and (3) of the preceding paragraph may be registered as trademarks after they have acquired distinctiveness and become easily distinguishable through use.   

Article 12    With respect to a three-dimensional mark as the subject matter under a trademark registration application, registration of that mark shall be prohibited if its shape only represents the nature of the product, or its shape is required for achieving a technological result, or its shape adds substantial value to the product.   

Article 13    In the event of an application for registration of a trademark that is a reproduction, imitation, or translation of another's well-known trademark not registered in China on same or similar goods, and consequentially is likely to create confusion, the application shall be rejected and the trademark shall be prohibited from use.   

In the event of an application for registration of a trademark that is a reproduction, imitation, or translation of another's well-known trademark registered in China on different or dissimilar goods, and consequentially is likely to create confusion and cause damage to the interests of the registrant for the well-known trademark, the application shall be rejected and the trademark shall be prohibited from use.   

Article 14    A well-known mark shall be recognized upon request of the parties to the cases, in administrative proceedings such as trademark registration, review and administration, or civil proceedings for trademark disputes.    

The following factors shall be considered in the recognition of a well-known mark:   

(1) Cognition of the mark among the relevant public;   

(2) Length of continuous use of the mark;   

(3) Continuous length of time, degree, and geographical scope for promoting the mark;   

(4) Record of protection of the mark as a well-known mark; and   

(5) Any other factors related to the mark's well-known status.   

With regard to the recognition and protection of a well-known trademark, local regulations and the rules of local governments shall apply.   

Article 15    Where an agent or representative registers, in its own name, a trademark of one of its principals without authorization, and the principal opposes the registration, the trademark shall not be registered and shall be prohibited from use.   

Article 16    Where a trademark contains a geographical indication of goods and the goods are not from the region indicated therein, thus misleading the public, the trademark shall not be registered and shall be prohibited from use. However, those having been registered in a bona fide manner shall remain valid.   

The geographical indication mentioned in the preceding paragraph refers to a mark indicating that the specific goods originates from a particular region and that the specific quality, reputation, or other characteristics of the goods are mainly determined by the natural or cultural factors of the region.   

An application may be filed for registration of a geographical indication as a certification mark or collective mark and obtain the exclusive right to use the trademark.   

Article 17    Any foreigner or foreign enterprise applying for trademark registration in China shall handle the relevant procedures in accordance with the agreements entered into between the applicant's country and the People's Republic of China or international treaties to which both countries have acceded, or in accordance with the principle of reciprocity.    

Article 18    Where any foreigner or foreign enterprise applies for trademark registration or handles any other trademark-related matters in China, it shall entrust an organization that is recognized by the State and qualified as a trademark agency to act as the applicant's agent.    

Article 19    With regard to the international trademark registration, relevant international treaties acceded to by the People's Republic of China shall apply. Specific application measures shall be formulated by the State Council's administrative department for industry and commerce.   

Article 20    Trademark agencies shall observe the laws and administrative regulations, and handle the application for trademark registration or any other trademark-related matters upon entrustment of their principal without prejudice to the interest of the principal.    

The administrative departments for industry and commerce shall strengthen the supervision and administration over trademark agencies.     

 

 

Article 21    Applicants applying for trademark registration shall fill out and report, in accordance with the prescribed classification of goods, the class and name of the goods on which the trademark is to be used.   

The application for trademark registration and other relevant documents may be filed in written or electronic form. Those filed in written form shall be typewritten or printed.   

Article 22    When applying to register the same trademark for use on the goods in a different class, the applicant shall apply for registration in accordance with the prescribed classification of goods.   

Specific measures on registration of the same trademark for multiple categories of goods through one application shall be formulated by the State Council's administrative department for industry and commerce.   

Article 23    Where a registered trademark requires to be used on the goods beyond the scope approved, a separate registration application shall be filed.    

Article 24    Where the sign contained in a registered trademark requires to be changed, a new registration application shall be filed.   

Article 25    The date of application for the registration of a trademark shall be the date on which the Trademark Office receives the application documents.      

Article 26    Before the Trademark Office preliminarily approves and announces a trademark, the applicant may apply to the Trademark Office for changing its name, address, or agent or deleting designated goods, or may apply for transferring its trademark registration application. The application for changing the name or address of the trademark registrant shall not be withdrawn once it is filed.   

Article 27    If an applicant applies, within six months of the date of the applicant's first application for registration of its trademark in a foreign country, for registration in China of the same trademark to be used on the same goods, the applicant may be entitled to the priority right pursuant to an agreement entered into between the applicant's home country and China, or an international treaty to which both countries have acceded, or in accordance with the principle of mutual recognition of priority right.   

In claiming a priority right according to provisions of the preceding paragraph, the applicant shall declare the claim in writing when filing the trademark registration application and shall submit, within three months, a duplicate copy of the application documents that were submitted in its first application for registration of the trademark. Failure to make the written declaration or to submit, within the time limit, a duplicate copy of the application documents for registration of the trademark shall be deemed as failure to claim the priority right.   

Article 28    Where a trademark is first used at an international exhibition sponsored or recognized by the Chinese government, the applicant for the registration of that trademark may be entitled to the priority right within six months of the date of exhibition of the goods.   

To claim a priority right pursuant to the provisions of the preceding paragraph, the claimant shall make a written declaration when the application for trademark registration is filed, and shall submit, within three months, the supporting documents showing the name of the exhibition where the claimant's goods were exhibited, evidencing the use of the trademark on the exhibited goods, and indicating the date of exhibition, etc. Failure to submit the written declaration or to submit the supporting documents within the time limit shall be deemed as failure to claim the priority right.   

Article 29    The particulars reported and the materials submitted when applying for trademark registration shall be truthful, accurate, and complete.     

 

 

Article 30    The Trademark Office shall preliminarily examine and approve a trademark under registration application to the extent that it conforms to the relevant provisions in this Law, and shall make a publication thereon.   

Article 31    If a trademark for which a registration application is filed fails to comply with the relevant provisions of this Law or is identical or similar to another's trademark that has been registered or preliminarily approved for use on the same or similar goods, the Trademark Office shall reject the application, and no publication shall be made.   

Article 32    During the examination procedures, if the Trademark Office believes that the trademark registration application needs to be stated or amended, it may send to the applicant the Examination Opinions requiring the applicant to make a statement or amendment thereon within 30 days after receipt of the Opinions. The applicant's failure to reply within the specified time limit shall not affect the Trademark Office in making a decision.   

Article 33    If two or more applicants apply for registration of the same trademark or a similar trademark for use on the same or similar goods, the trademark application that is filed first shall be preliminarily approved, accompanied by a publication thereon. If the applications are filed on the same day, the trademark that is used first shall be preliminarily approved, accompanied by a publication thereon, and the application(s) of the other applicant(s) shall be rejected and no publication shall be made.   

Article 34    (Proposal A)   

An application for trademark registration shall not prejudice any pre-existing right of others. It is prohibited to forestall the registration, through any improper means, of a trademark that is already used by others and has produced a certain influence.   

(Proposal B)   

An application for trademark registration shall not prejudice any pre-existing right of others. It is prohibited to forestall the registration, through any improper means, of a trademark that is already used by others and has produced a certain influence.   

Where a trademark for which a registration application is filed is identical or similar to another's trademark that has been used on the same or similar goods in China at an earlier time, and the applicant knows the existence of another's trademark due to any contract, business contact, regional relationship or other relationships, the registration shall not be approved.   

Where a trademark for which a registration application is filed is a copy of another's registered trademark for different category of goods that is more distinctive and has produced a certain influence, which is likely to cause confusion, the registration shall not be approved.   

Article 35    With regard to a trademark that has been approved preliminarily and announced, if the Trademark Office discovers any violation of the circumstances set forth in this Law or that any registration application is filed through deceptive or other improper means, it may cancel the preliminary approval or announcement of the trademark before the registration of the trademark is approved.    

Article 36    With regard to a trademark that is approved preliminarily, if the owner of a pre-existing right or any interested party believes that the trademark violates the provisions of Article 13, 15, 16, 31, 33, or 34 of this Law, they may raise an opposition with the Trademark Office. If no opposition is raised before the expiry of the publication period, registration approval shall be granted, a trademark registration certificate shall be issued, and a publication shall be made thereon.    

Article 37    With regard to a trademark of which the application is rejected, the publication is denied, or the preliminary approval announcement is canceled, the Trademark Office shall notify the trademark registration applicant in writing of the same. If a party is dissatisfied with a decision on canceling a registered trademark rendered by the Trademark Office, that party may, within 30 days after receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.   

A party concerned who is dissatisfied with the decision made by the Trademark Review and Adjudication Board may file a lawsuit with a people's court within 30 days after the party's receipt of the notification.   

Article 38    Where an opposition is filed against a preliminarily approved and published trademark application, the Trademark Office shall hear the facts and grounds stated by the opponent and the respondent, and shall, upon investigation and verification, make a decision of whether or not to grant registration, and notify the opponent and the respondent in writing.

Where the Trademark Office decides to approve the registration, a trademark registration certificate shall be issued to the respondent, and a publication shall be made thereon. Where the opponent is dissatisfied with the decision, the opponent may file a request to the Trademark Review and Adjudication Board in accordance with the provisions of Article 48 of this Law for canceling the registered trademark.   

Where the Trademark Office decides not to approve the registration, and the respondent is dissatisfied with the decision, the respondent may file an application for review on the disapproval of registration with the Trademark Review and Adjudication Board within 30 days after receiving the notification. A party concerned who is dissatisfied with the decision made by the Trademark Review and Adjudication Board may file a lawsuit with a people's court within 30 days upon receipt of the decision. The people's court shall notify the opponent to participate in the lawsuit as a third party.   

Article 39    If, within the statutory time limit, a party concerned has neither applied for review of the decision on disapproval of registration made by the Trademark Office in accordance with the provisions of Article 38 of this Law, nor filed a lawsuit with a people's court against the review decision made by the Trademark Review and Adjudication Board, the said decision shall become effective.   

With regard to a trademark to which an opposition is held untenable but registration approval is granted, the time when the applicant for trademark registration is granted with the exclusive right to use the relevant trademark shall commence from the date of expiration of the three-month period following the preliminary approval and publication.   

Article 40    Trademark registration applications and trademark review applications shall be examined in a timely manner.   

Article 41    An applicant or registrant for a registered trademark that finds any obvious errors in a trademark application document or registration document may apply for correction thereof. The Trademark Office shall make the correction within its scope of authority in accordance with the law, and shall notify the party concerned of the correction.   

The error correction requirement referred to in the preceding paragraph shall not be applicable to any substantive content of a trademark application document or registration document.    

 

 

Article 42    A registered trademark shall be valid for ten years, commencing from the date of registration approval.   

Article 43    Where a registered trademark needs to be used after the expiration of its validity term, a registration renewal application shall be filed within six months prior to the expiration of the term. If an application fails to be filed within the period, a six-month grace period may be granted. If an application has not been filed before the expiration of the grace period, the registered trademark shall be canceled.   

Each registration renewal shall be valid for a ten-year period.   

After a registration renewal has been approved, publication shall be made on the renewal.   

Article 44    Where change of the name and/or address of a registrant, or change of other registered items of a registered trademark is required, an application for change shall be filed. The application for changing the name or address of the trademark registrant shall not be withdrawn once it is filed.   

In the event of any change in the name or address of a trademark registrant, the trademark registrant shall make such a change to all of its registered trademarks; in the event of failure to do so, the Trademark Office shall notify the trademark registrant to make supplement and correction within a specified time limit; if such supplement and correction fails to be made within the specified time limit, the applicant shall be deemed to have waived the change application, and the Trademark Office shall notify the applicant of the same in writing.   

Article 45    To assign a registered trademark, the assignor and the assignee shall enter into an assignment agreement, and shall jointly file an application with the Trademark Office. The assignee shall ensure the quality of the goods bearing that registered trademark.   

After the assignment of a registered trademark has been approved, a publication shall be made thereon.

The assignee shall be entitled to the exclusive right to use the trademark as from the date of publication. To assign a registered trademark, the trademark registrant shall assign all of its trademarks which are identical or similar to the registered trademark and registered on the same or similar goods; in the event of failure to do so, the Trademark Office shall notify the trademark registrant to make supplement and correction within a specified time limit; if such supplement and correction fails to be made within the specified time limit, the applicant shall be deemed to have waived the application for assignment of the said registered trademark, and the Trademark Office shall notify the applicant of the same in writing.    

Where the assignment of a registered trademark is likely to create a misidentification or confusion or produce any other ill effects, the Trademark Office shall not approve the assignment, but shall notify the applicant of the same in writing and state the reasons thereof.   

Article 46    Where the exclusive right to use a registered trademark is transferred due to the causes other than the assignment thereof, the party who receives the transfer of the exclusive right to the registered trademark shall go through the formalities for transfer of the registered trademark with the Trademark Office by presenting relevant certification documents or legal documents. Upon verification and approval of the assignment of the registered trademark, a publication shall be made thereon. The assignee shall be entitled to the exclusive right to use the trademark as from the date of publication.   

To transfer the exclusive right to use a registered trademark, the owner of the exclusive right shall transfer all of its trademarks which are identical or similar to the registered trademark and registered on the same or similar goods; in the event of failure to do so, the Trademark Office shall notify such party to make supplement and correction within a specified time limit; if such supplement and correction fails to be made within the specified time limit, the applicant shall be deemed to have waived the application for assignment of the said registered trademark, and the Trademark Office shall notify the applicant of the same in writing.   

Article 47    A trademark registrant may license its registered trademark to another party by entering into a trademark license contract. The licensor shall supervise the assurance of the quality of the licensees' goods bearing the licensor's registered trademark. The licensee shall ensure the quality of their goods on which the registered trademark is used.   

Anyone who uses another's registered trademark under a license must clearly mark the goods bearing the registered trademark with the licensee's name and the place of origin of the goods.   

To license its registered trademark to another party, the licensor shall report such licensing to the Trademark Office for record-filing, and the Trademark Office shall make a publication thereon. The licensing of a trademark without being filed for record shall not be used to oppose a bona fide party.     

 

 

Article 48    If a registered trademark violates Article 10, 11 or 12 hereof, or for which registration was obtained by deceptive or other improper means, it may be canceled by the Trademark Office. Alternatively, another organization or individual may file a request with the Trademark Review and Adjudication Board for a ruling to cancel such registered trademark.   

If a registered trademark violates Article 13, 15, 16, 31, 33, or 34 hereof, the owner of a pre-existing right therein or any interested party may, within five years of the trademark registration date, file a request with the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark. In the case of malicious registration, the owner of the relevant well-known trademark shall not be subject to the five-year time limit.   

The Trademark Review and Adjudication Board shall, upon receiving the application for a ruling, notify the relevant party in writing and specify a time limit for the party to submit a response.   

Article 49     The exclusive right to use a registered trademark that has been canceled in accordance with Article 48 hereof shall be deemed to have not existed from the beginning. The decision or ruling on canceling a registered trademark shall have no retroactive effect on any written judgment or ruling on trademark infringement that has been made and enforced by the people's court, or on any handling decision of a dispute over the trademark infringement made and enforced by the administrative department for industry and commerce, or on any trademark assignment or licensing contract that has been performed, prior to the cancellation; however, compensations shall be made for the losses caused by the trademark registrant to other persons mala fide.   

If failure to refund the trademark infringement compensation, royalties, and trademark transfer fees, pursuant to the provisions of the preceding paragraph, is in obvious violation of the principle of fairness, a full or partial refund shall be made.   

Article 50    After the Trademark Review and Adjudication Board has rendered a ruling on either maintaining or canceling a registered trademark, it shall notify the relevant party concerned in writing.   

A party concerned who is dissatisfied with the ruling made by the Trademark Review and Adjudication Board may file a lawsuit with a people's court within 30 days of the party's receipt of the notification. The people's court shall notify the other party involved in the trademark decision proceeding to participate in the litigation proceeding as a third party.         

 

 

Article 51    For the purposes of this Law, trademark use refers to the act whereby a trademark is used on the goods or the package or containers of the goods, as well as transaction documents of the goods for the purpose of production or business operation, or a trademark is used for advertising, exhibition or other business activities, which is sufficient to cause the public concerned to believe that it is used as a trademark.   

Article 52    The Trademark Office shall order rectification within a specified time period or cancel a registered trademark in any of the following events in connection with the use of that trademark:   

(1) Where the registered trademark is altered without authorization;   

(2) Where the registrant name or address or any other registration item of the registered trademark is altered without authorization;   

(3) Where the registered trademark is assigned without authorization; or   

(4) Where the use of the registered trademark has ceased for three consecutive years.   

Article 53    If the goods bearing a registered trademark are roughly and poorly manufactured or are inferior goods passed off as quality goods, thereby deceiving consumers, the administrative departments for industry and commerce shall, depending on the circumstances, order rectification within a specified time period and may additionally circulate a notice on the matter or impose a fine, or alternatively, the Trademark Office may cancel the registered trademark.   

Article 54    With regard to a registered trademark that is canceled in accordance with the provisions of Article 52 or 53 hereof, the Trademark Office shall make a publication thereon. The exclusive right to use the registered trademark shall be terminated on the day when the decision on the cancellation is made by the Trademark Office.   

Article 55    Where a registered trademark is canceled or is not renewed upon expiration of its validity term, the Trademark Office shall not approve registration applications for trademarks identical or similar to the said trademark filed by another person within one year of the date on which the trademark is canceled or deregistered, except where the registered trademark is canceled for not being used for three consecutive years.   

Article 56    In the case of violation of the provisions of Article 6 hereof, the local administrative department for industry and commerce shall order the violating party to file an application for registration within a specified time limit, accompanied by imposing a fine on the party.   

Article 57    In the event of any of the following acts in connection with the use of an unregistered trademark, the relevant local administrative department for industry and commerce shall inhibit the act and order rectification within a specified time limit, and may additionally circulate a notice on the matter or impose a fine:   

(1) Passing off of the trademark as a registered trademark;   

(2) Violating the provisions of Article 10 of the Trademark Law; or    

(3) Offering goods of rough or poor quality, or passing off inferior goods as quality goods, thereby deceiving consumers.   

Article 58    If a party is dissatisfied with a decision on canceling a registered trademark rendered by the Trademark Office, that party may, within 30 days of receiving the notification, apply to the Trademark Review and Adjudication Board for review, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.   

A party concerned who is dissatisfied with the decision made by the Trademark Review and Adjudication Board may file a lawsuit with a people's court within 30 days after the party's receipt of the notification.   

Article 59    Where a party concerned is dissatisfied with a decision on the imposition of fines rendered by an administrative department for industry and commerce in accordance with the provisions of Article 52, 53, 56, or 57 hereof, that party may, within two months of receiving the penalty decision, file a lawsuit before a people's court. If the party has neither filed a lawsuit nor complied with the decision by the expiration of the time limit, the relevant administrative department for industry and commerce that has made the penalty decision shall apply to a people's court for enforcement.    

 

 

Article 60    The exclusive right to use a registered trademark shall be limited to the trademark registered upon verification and approval and the goods approved to be designated to be covered by the trademark.   

Article 61    Any of the following acts shall be deemed infringement of the exclusive right to use a registered trademark:   

(1) Use of a trademark that is the same as or similar to a registered trademark for identical or similar goods without the permission of the trademark registrant;   

(2) Sale of any goods that have infringed the exclusive right to use any registered trademark;   

(3) Counterfeit or unauthorized production of the label of another's registered trademark, or sale of any such label that is counterfeited or produced without authorization;   

(4) Change of any trademark of a registrant without the registrant's consent, and selling goods bearing such replaced trademark on the market;    

(5) Use of the sign or mark identical or similar to another's registered trademark on the same or similar goods as the name or decoration of the goods, thus misleading the public;   

(6) Intentional provision of conveniences such as storage, transports, mails, concealment, etc., for acts of infringement on another's exclusive right to use a trademark; or   

(7) Other acts that have caused any other damage to another's exclusive right to use a registered trademark.   

Article 62    Where a party uses another's well-known trademark as a trade name in its enterprise name, which is likely to deceive the public or create a misidentification among the public, the owner of the trademark may file a lawsuit with a people's court or request the relevant administrative department for industry and commerce at the provincial level to handle the case, requesting an order on the violating party to suspend the use of the enterprise name or an order thereon to complete the formalities for change of the enterprise name.     

Article 63    The owner of the exclusive right to use a registered trademark is not entitled to prohibit others from fair use of the following contents contained in the registered trademark:   

(1) Generic names, devices, or model numbers of the goods concerned;   

(2) Content directly representing the quality, primary raw materials, functions, intended purposes, weight, quantity, or other characteristics of the goods concerned;   

(3) Place name;   

(4) The shape representing the nature of the goods;   

(5) The goods' shape required for achieving a technological result; and   

(6) The shape adding substantial value to the goods.   

Article 64    In the event of any of the acts of infringement of the exclusive right to use a registered trademark as specified in Article 61 of this Law, which leads to a dispute, the parties shall resolve the dispute through consultation. If a party is not willing to carry out consultation or if consultation is unsuccessful, the trademark registrant or an interested party may file a lawsuit with a people's court or, alternatively, file a request with an administrative department for industry and commerce for settlement. If the matter is handled by an administrative department for industry and commerce and the department determines that infringement was committed, it may order an immediate cessation of such infringement, and confiscate and destroy the infringing goods and tools specifically used to produce the infringing goods and to counterfeit the labels of the registered trademark, and may additionally impose a fine. A heavier punishment shall be imposed if the violating party commits two or more trademark infringement acts within five years. Where a party is dissatisfied with the decision rendered by the administrative department for industry and commerce, it may, within two months of receiving the notification on the settlement, file a lawsuit before a people's court in accordance with the Administrative Procedure Law of the People's Republic of China. If the infringer has neither filed a lawsuit nor complied with the decision by the expiration of the time limit, the administrative department for industry and commerce may apply to a people's court for enforcement. The administrative department for industry and commerce that handles the matter may, according to the parties' request, conduct mediation in respect to the amount of damages for infringement of the exclusive right to use the trademark. In the event of unsuccessful mediation, any party may file a lawsuit before a people's court in accordance with the Civil Procedure Law of the People's Republic of China.   

Article 65    In the event of an act of infringement of the exclusive right to use a trademark, the Administrative departments for industry and commerce shall be granted with authority under the law to investigate on and punish against it. If it constitutes a criminal offense, they shall promptly transfer the case to a judicial authority for settlement in accordance with the law.   

Article 66    The administrative departments for industry and commerce at or above the county level may exercise authority as follows when conducting investigation on and imposing punishment against alleged infringement of another's exclusive right to use a trademark based on the evidence proving, or report on, the suspected violation of laws that they have received:   

(1) Make inquiry of the relevant parties and conduct investigation on the particulars relating to the infringement of another's exclusive right to use a trademark;   

(2) Consult and duplicate the contracts, invoices, account books, and other relevant materials of the party concerned that relate to the infringing activities;   

(3) Conduct an on-site inspection of the premises where the party concerned is suspected of being or having been engaged in activities Infringing of another's exclusive right to use a trademark; and   

(4) Inspect articles in connection with the infringing activities; seize or detain the articles that are proved to be Infringing of another's exclusive right to use a registered trademark.   

When an administrative department for industry and commerce is exercising authority in accordance with the law in manners stipulated in the preceding paragraph, the party concerned shall provide assistance and cooperation and shall not refuse to assist or cooperate therein or interfere therewith.   

An administrative department for industry and commerce may suspend the investigation and punishment of a case, based on the actual conditions which may affect the handling results of the case.   

Article 67    The amount of damages for infringement of the exclusive right to use a trademark shall be determined according to the actual losses of the owner of the right caused by the infringement. If the actual losses cannot be easily determined, such amount may be determined according to the benefit acquired by the infringer through the infringement. The amount of damages shall include the reasonable expenses incurred by the owner of the right for preventing the infringement.   

If it is difficult to determine the amount of the actual losses of the owner of the right caused by the infringement or the benefit acquired by the infringer through the infringement, as mentioned in the preceding paragraph, the people's court shall, depending on the circumstance of the infringement, render a judgment awarding damages not more than RMB1,000,000.   

Selling goods without awareness of such goods' infringement of the exclusive right to use a trademark shall be exempted from liability for compensation insofar as the seller is able to prove that the goods were lawfully obtained and can indicate the supplier's identity.   

When claiming damages, the owner of the exclusive right to use the registered trademark shall provide the evidence proving its/his use of the registered trademark in the previous three years and other related evidence.   

Article 68    If a trademark registrant or an interested party has evidence to prove that another person is committing or is about to commit infringement of the exclusive right to use a registered trademark of the registrant or party, and failure to promptly inhibit the infringement would cause irreparable damage to its lawful rights and interests, the registrant or party may, prior to filing a lawsuit, apply to a people's court for an injunction to cease the act.   

When filing such an application, the applicant shall provide guarantee. In the event of failure to provide guarantee, the application may be rejected.   

The people's court shall make a ruling within 48 hours from receipt of the application. If an extension is needed due to special circumstances, a 48-hour extension may be allowed. If a ruling is made to order to have the relevant act ceased, it shall be enforced immediately. The party dissatisfied with the ruling may apply once for review, and the enforcement of the ruling shall not be suspended during the time of review.   

If the applicant does not file an action within 15 days after the people's court takes the said measures to cease the relevant act, the people's court shall lift such a measure.   

If the application is at fault, the applicant shall compensate the losses suffered by the respondent for ceasing the relevant act.   

Article 69    A trademark registrant or an interested party may, for the purpose of ceasing an infringing act, apply to a people's court for pre-litigation evidence preservation if the evidence might be destroyed, lost, or difficult to obtain later.   

The people's court must make a ruling within 48 hours of receiving the application. In the event of a ruling to adopt preservation measures, it shall be implemented 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 fails to institute lawsuit within 15 days after the people's court takes preservation measures, the people's court shall terminate the preservation measures.   

Article 70    Where an act of use of a trademark identical to a registered trademark for the same goods without the consent of the trademark registrant has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.   

Where an act of counterfeiting or producing, without authorization, labels of another's registered trademark, or selling of trademark labels that were counterfeited or produced without authorization has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.   

Where an act of knowingly selling goods bearing a counterfeited registered trademark has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.   

Article 71    The State authority personnel who are engaged in trademark registration, administration, and examination must act impartially in law enforcement, be clean and self-disciplined, be devoted to their duties, and provide service in a courteous way.   

The personnel of the Trademark Office and the Trademark examination and Adjudication Board and the State authority personnel who engage in trademark registration, administration, and examination shall not engage in trademark agency business or in activities associated with the production of, or dealing in, goods.   

Article 72    Administrative departments for industry and commerce shall establish and improve their internal supervision systems to oversee and inspect State authority personnel who are responsible for trademark registration, administration, and examination on their enforcement of laws and administrative regulations and compliance with disciplinary rules.   

Article 73    If any State authority personnel who is engaged in trademark registration, administration, or examination is derelict in duties, abuses authority, practices favoritism, or commits irregularities, breaches the law when handling trademark registration, administration, or examination matters, accepts money or anything of value from a party concerned, or seeks to derive improper gains, and such act constitutes a criminal offense, the person shall be subject to criminal liability in accordance with the law. If the act is insufficient to constitute a criminal offense, the person shall be subject to punishment in accordance with the law.    

 

 

Article 74    Fees shall be paid for trademark registration applications and for handling of other trademark-related matters. The specific charging items and rates shall be formulated and promulgated by the finance department and the competent price department of the State Council in conjunction with the State administrative department for industry and commerce.   

Article 75     This Law shall become effective on March 01, 1983.

The Trademark Administration Regulations promulgated by the State Council on April 10, 1963, shall be repealed simultaneously. Other provisions on trademark administration shall simultaneously cease to be effective insofar as they conflict with this Law.   

The trademarks registered prior to the implementation of this Law shall remain valid.