Trademark Law of the People's Republic of China (2019 Amendment)

Chapter I General Provisions

Article 1 This Law is formulated with a view to strengthening the administration of trademarks, protecting the exclusive right to use trademarks, encouraging producers and business operators to guarantee the quality of their goods and services, and maintaining the reputation of trademarks, so as to safeguard the interests of consumers, producers and business 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 in charge of 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, which shall be responsible for handling trademark disputes.

Article 3 Trademarks that have been approved and registered by the Trademark Office shall be registered trademarks, including trademarks for goods, service marks, collective marks and certification marks; trademark registrants shall enjoy the right to exclusive use of the trademark and shall be protected by law.

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

The term "certification mark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise a certain commodity or service and used by an entity or individual other than the organization to prove the origin, raw materials, manufacturing method, quality or other specific qualities of the commodity or service.

Special matters concerning the registration and administration of collective marks and certification marks shall be prescribed by the administrative department for industry and commerce under the State Council.

Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business operations, it shall apply to the Trademark Office for trademark registration. A malicious trademark registration application not for the purpose of use shall be rejected.

The provisions of this Law relating to trade 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 exclusive right to use the trademark.

Article 6 Where a registered trademark is required to be used in accordance with the laws and administrative regulations, an application for trademark registration must be applied for, and no goods that have not been approved for registration may be sold on the market.

Article 7 In applying for registration and use of a trademark, the principle of good faith shall be observed.

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 the administration of trademarks, stop acts of cheating consumers.

Article 8 Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be applied for registration as a trademark.

Article 9 The trademark for which registration is applied shall have distinctive features for easy identification and shall not conflict with the legal rights previously acquired by others.

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

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

The (I) is the same as or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the the People's Republic of China, and is the same as the name, logo, name of a specific location of the central state agency, or the name of a landmark building, Graphic of the same;

(II) identical with or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;

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

The (IV) is the same as or similar to the official marks and inspection marks indicating the implementation of control and guarantee, except for authorized ones;

(V) the same as or similar to the name or emblem of the "Red Cross" or "Red Crescent;

(VI) with ethnic discrimination;

The (VII) is deceptive and easily leads the public to misunderstand the quality and other characteristics of the goods or the place of origin;

(VIII) harmful to socialist morals or customs or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, the geographical names have other meanings or are part of a collective mark or certification mark, and the registered trademarks using the geographical names shall continue to be valid.

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

(I) only the common name, figure and model of this commodity;

The (II) only directly indicates the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;

(III) other lacking distinctive features.

The signs 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 the registration of a trademark by means of a three-dimensional sign is made, no registration shall be made of a shape which results only from the nature of the goods themselves, a shape of the goods which is necessary to obtain a technical effect, or a shape which gives the goods substantial value.

Article 13 Where the holder of a trademark well known to the relevant public considers that his or her rights have been infringed, he or she may request the protection of a well-known trademark in accordance with the provisions of this Law.

If a trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and shall be prohibited from use.

If a trademark applied for registration of different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, thereby misleading the public and causing possible harm to the interests of the registrant of the well-known trademark, it shall not be registered and shall be prohibited from use.

Article 14 A well-known trademark shall, at the request of the parties, be recognized as a fact that needs to be recognized in the handling of a trademark-related case. The following factors shall be taken into consideration in determining a well-known trademark:

(I) the extent to which the relevant public is aware of the trademark;

(II) the duration of use of the trademark;

the duration, extent and geographic scope of any publicity efforts (III) the mark;

(IV) a record of the trademark being protected as a well-known trademark;

Other factors (V) the trademark's reputation.

In the process of trademark registration examination and the investigation and handling of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, in accordance with the needs of examining and handling the case, make a determination on the well-known situation of the trademark.

In the course of handling a trademark dispute, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, in accordance with the needs of handling the case, make a determination on the well-known situation of the trademark.

In the course of the trial of a trademark civil or administrative case, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, in accordance with the needs of the trial of the case, make a determination of the well-known trademark.

Producers and business operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

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

Where a trademark applied for registration in respect of the same or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contractual, business or other relationship with that other person other than that specified in the preceding paragraph and knows that the trademark of that other person exists, the registration shall not be granted if the other person objects to it.

Article 16 Where a trademark contains a geographical indication of goods, but the goods do not originate from the area indicated by the sign and mislead the public, it shall not be registered and shall be prohibited from use; however, if the registration has been obtained in good faith, it shall continue to be valid.

The term "geographical indication" as mentioned in the preceding paragraph refers to 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 foreign enterprise applies for the registration of a trademark in China, it shall be handled in accordance with the agreement signed between the country and the the People's Republic of China to which it belongs or in accordance with the international treaty to which it is a party, or in accordance with the principle of reciprocity.

Article 18 An application for trademark registration or other trademark matters may be handled by itself or by entrusting a trademark agency established according to law.

Foreigners or foreign enterprises that apply for trademark registration and handle other trademark matters in China shall entrust a trademark agency established according to law to handle the matter.

Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, handle trademark registration applications or other trademark matters as entrusted by the principal, and shall have the obligation to keep confidential the business secrets of the principal known in the course of agency.

If the trademark applied for registration by the client may not be registered under the provisions of this Law, the trademark agency shall clearly inform the client.

If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Article 4, Article 15 and Article 32 of this Law, it shall not accept its entrustment.

A trademark agency shall not apply for the registration of any other trademark except for its agency services.

Article 20 The trademark agency industry organization shall, in accordance with the provisions of the articles of association, strictly implement the conditions for absorbing members, and impose penalties on members who violate the self-discipline norms of the industry. The trademark agency industry organization shall promptly announce to the public the members it has absorbed and the disciplinary measures against the members.

Article 21 The international registration of trademarks shall follow the system established by the relevant international treaties concluded or acceded to by the the People's Republic of China, and the specific measures shall be formulated by the State Council.

　　Chapter II Application for Trademark Registration

Article 22 An applicant for trademark registration shall, in accordance with the prescribed classification of goods, fill in the category and name of the goods in which the trademark is to be used, and file an application for registration.

An applicant for trademark registration may apply for registration of the same trademark in respect of goods of several classes through one application.

The application for trademark registration and other relevant documents may be submitted in writing or in the form of data message.

Article 23 Where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.

Article 24 Where it is necessary to change the signs of a registered trademark, a new application for registration shall be filed.

Article 25 Where an applicant for trademark registration applies for the same trademark for the same goods in China within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he is a party, or in accordance with the principle of mutual recognition of priority.

Anyone who claims the right of priority in accordance with the preceding paragraph shall submit a written statement at the time of filing the application for trademark registration, and submit a copy of the trademark registration application document filed for the first time within three months; if the written statement is not submitted or the copy of the trademark registration application document is not submitted within the time limit, the right of priority shall be deemed not to have been claimed.

Article 26 Where a trademark is used for the first time on goods displayed in an international exhibition sponsored or recognized by the Chinese Government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods.

Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing an application for trademark registration, and supporting documents such as the name of the exhibition on which the goods are on display, evidence of the use of the trademark on the goods on display, and the date of exhibition shall be submitted within three months; if the written statement is not made or the supporting documents are not submitted within the time limit, the right of priority shall be deemed not to be claimed.

Article 27 The matters declared and the materials provided for the purpose of applying for trademark registration shall be true, accurate and complete.

　　Chapter III Examination and Approval of Trademark Registration

Article 28 The Trademark Office shall, within nine months from the date of receipt of the application documents for trademark registration, complete the examination of the trademark for which an application for registration is filed. If the application complies with the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.

Article 29 If, in the course of examination, the Trademark Office considers that the contents of the application for trademark registration need to be explained or amended, it may require the applicant to do so. The failure of the applicant to make a statement or amendment shall not affect the examination decision made by the Trademark Office.

Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 31 Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same kind of goods or similar goods, the trademark with the earlier application shall be preliminarily approved and announced; if the application is filed on the same day, the trademark with the earlier application shall be preliminarily approved and announced, and the application of others shall be rejected and no announcement shall be made.

Article 32 An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preemptively register, by unfair means, a trademark that has been used by others and has certain influence.

Article 33 For a trademark that has been preliminarily approved and announced, within three months from the date of announcement, the previous right holder or interested party believes that it violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 32 of this Law, or anyone believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12, and Article 19, paragraph 4 of this Law, an objection may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and the announcement shall be made.

Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application for non-publication of the trademark. If the applicant for trademark registration is not satisfied, he 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 within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If a party 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 notice.

Article 35 Where an objection is raised to a trademark that has been announced in the preliminary examination and approval, the Trademark Office shall hear the opponent and the person opposed to state the facts and reasons, and after investigation and verification, within 12 months from the date of expiration of the announcement, make a decision on whether to approve the registration, and notify the opponent and the person opposed in writing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council.

If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and publish it publicly. If the opponent is not satisfied, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

If the Trademark Office makes a decision not to grant registration and the person opposed to it is not satisfied, he 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, within twelve months from the date of receipt of the application, make a decision on the review and notify the opponent and the person opposed in writing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council. If the person opposed is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receipt of the notice. The people's court shall notify the objector to participate in the proceedings as a third party.

In the course of the review conducted by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or handled by the administrative organ, the review may be suspended. After the cause of suspension is eliminated, the review procedure shall be resumed.

Article 36 Upon the expiration of the statutory time limit, if the party concerned does not apply for review of the decision to reject the application or the decision not to register made by the Trademark Office, or does not file a lawsuit with the people's court for the decision to review made by the Trademark Review and Adjudication Board, the decision to reject the application, the decision not to register or the decision to review shall take effect.

If a trademark is approved for registration after examination and opposition is not established, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the date of expiration of the three-month period of the preliminary examination and approval announcement. From the date of expiration of the trademark announcement until the decision to approve the registration is made, there is no retroactive effect on the use of signs identical or similar to the trademark by others on the same or similar goods; however, due to the malicious use of the user The loss caused to the trademark registrant shall be compensated.

Article 37 Applications for trademark registration and trademark review shall be examined in a timely manner.

Article 38. Where an applicant for trademark registration or a registrant finds obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall, in accordance with the law, make corrections within the scope of its authority and notify the parties concerned.

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

　　Chapter IV Renewal, Alteration, Transfer and Licensing of Registered Trademarks

Article 39 The period of validity of a registered trademark shall be ten years, counting from the date of approval of the registration.

Article 40 Where it is necessary to continue to use a registered trademark after the expiration of its validity period, the trademark registrant shall complete the renewal procedures in accordance with the regulations within 12 months before the expiration of the period; if it fails to complete the renewal procedures within this period, it may be granted a grace period of six months. Each renewal of the registration shall be valid for ten years from the day following the expiration of the previous period of validity of the mark. If the renewal procedures are not completed at the expiration of the period, the registered trademark shall be canceled.

The Trademark Office shall publish the renewed registration of the trademark.

Article 41 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed.

Article 42 Where a registered trademark is assigned, the assignor and assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.

Where a registered trademark is assigned, the trademark registrant shall assign a similar trademark registered on the same kind of goods, or an identical or similar trademark registered on similar goods.

The Trademark Office shall not approve the transfer that is likely to cause confusion or has other adverse effects, and shall notify the applicant in writing and explain the reasons.

After the assignment of a registered trademark has been approved, it shall be announced. The assignee shall have the right to exclusive use of the trademark from the date of the announcement.

Article 43 A trademark registrant may permit others to use his or her registered trademark by signing a trademark license contract. 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 using the registered trademark.

Where a registered trademark of another person is used with permission, the name of the licensee and the origin of the goods must be indicated on the goods using the registered trademark.

Where another person is permitted to use its registered trademark, the licensor shall report its trademark license to the Trademark Office for the record, and the Trademark Office shall announce it. The trademark use license shall not be against a bona fide third party without filing.

　　Chapter V Invalidation of Registered Trademarks

Article 44 Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, paragraph 4 of Article 19 of this Law, or the registration is obtained by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing. If the party concerned is not satisfied with the decision of the Trademark Office, he 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 within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If a party 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 notice.

Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, upon receipt of the application, notify the parties concerned in writing and submit a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. 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 notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

Article 45 Where a registered trademark violates the provisions of paragraphs 2 and 3 of Article 13, Article 15, paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, the prior right holder or an interested party may, within five years from the date of registration of the trademark, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not subject to the five-year time limit.

Upon receipt of an application for declaring a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within twelve months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council. 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 notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

In the course of examining the request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or handled by the administrative organ. After the cause of suspension is eliminated, the review procedure shall be resumed.

Article 46 Upon the expiration of the statutory time limit, if the party concerned does not apply for a review of the Trademark Office's decision to invalidate a registered trademark or does not file a lawsuit with the People's Court against the Trademark Review and Adjudication Board's review decision or ruling to maintain or invalidate a registered trademark, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

Article 47 A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning.

A decision or ruling declaring a registered trademark invalid shall have no retroactive effect on the judgments, rulings and mediation statements of trademark infringement cases made and executed by the people's court before the declaration of invalidation, the handling decisions of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark assignment or license contracts that have been performed. However, the damage caused to others by the bad faith of the trademark registrant shall be compensated.

If the compensation for trademark infringement, trademark transfer fee or trademark use fee is not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, it shall be returned in whole or in part.

　　Chapter VI Administration of the Use of Trademarks

Article 48 The use of a trademark referred to in this Law refers to the use of a trademark in goods, their packaging or containers, or in documents dealing in goods, or in advertising, exhibitions and other commercial activities to identify the source of goods.

Article 49 Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the registrant's name, address or other registration matters on its own, the local administrative department for industry and commerce shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the Trademark Office shall revoke its registered trademark.

If a registered trademark has become the common name of the goods approved for use or has not been used for three consecutive years without a valid reason, any unit or individual may apply to the Trademark Office for the cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council.

Article 50 Where a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve any application for registration of a trademark identical with or similar to the trademark within one year from the date of revocation, invalidation or cancellation.

Article 51 Anyone 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 time limit. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% yuan may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

Article 52 Whoever uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of the provisions of Article 10 of this law, shall be stopped by the local administrative department for industry and commerce, make corrections within a time limit, and may be notified. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% yuan may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

Article 53 Anyone who violates the provisions of the fifth paragraph of Article 14 of this Law shall be ordered by the local administrative department for industry and commerce to make corrections and impose a fine of 100,000 yuan.

Article 54 If the parties are not satisfied with the decision of the Trademark Office to revoke or not to revoke a registered trademark, they may, within 15 days from the date of receipt of the notice, apply to the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If a party 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 notice.

Article 55 If, at the expiration of the statutory time limit, the party concerned does not apply for a review of the decision made by the Trademark Office to revoke a registered trademark or does not bring a suit in a people's court against the decision made by the Trademark Review and Adjudication Board, the decision to revoke a registered trademark and the decision to review shall take effect.

A registered trademark that has been revoked shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall terminate on the date of the announcement.

　　Chapter VII Protection of the Exclusive Right to Use Registered Trademarks

Article 56 The right to exclusive use of a registered trademark shall be limited to the trademarks approved for registration and the commodities approved for use.

Article 57 Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

A (I) uses a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant;

(II), without the permission of the trademark registrant, uses a trademark similar to its registered trademark on the same commodity, or uses a trademark identical or similar to its registered trademark on similar commodities, which is likely to cause confusion;

(III) sales of goods infringing upon the exclusive right to use a registered trademark;

(IV) forges or manufactures, without authorization, a registered trademark logo of another person or sells a registered trademark logo that is forged or manufactured without authorization;

Without the consent of the trademark registrant, the (V) replaces its registered trademark and puts the goods with the replaced trademark on the market again;

(VI) intentionally providing convenient conditions for the infringement of another person's exclusive right to use a trademark and helping another person to commit the infringement of the exclusive right to use a trademark;

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

Article 58 Where another person's registered trademark or unregistered well-known trademark is used as the font size in the name of an enterprise, thus misleading the public and constituting an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the the People's Republic of China of China.

Article 59 The owner of the exclusive right to use a registered trademark shall not have the right to prohibit the legitimate use of the common name, figure or model of the commodity, or directly indicate the quality, main raw materials, function, purpose, weight, quantity and other characteristics of the commodity, or the place name contained in the registered trademark.

The owner of the exclusive right to use the registered trademark shall not have the right to prohibit the legitimate use of the shape of the goods contained in the registered trademark of the three-dimensional mark, the shape of the goods needed to obtain the technical effect, or the shape of the goods with substantial value.

If, before the trademark registrant applies for trademark registration, another person has already used a trademark that is the same as or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant, the owner of the exclusive right of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require it to attach an appropriate distinguishing mark.

Article 60 Where a dispute arises from the infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law, it shall be resolved by the parties concerned through consultation; if the consultation is unwilling or the consultation fails, the trademark registrant or the interested party may file a lawsuit in the people's court or request the administrative department for industry and commerce to deal with it.

If the administrative department for industry and commerce determines that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 50000 yuan, a fine of less than five times the illegal business amount may be imposed, If there is no illegal business amount or the illegal business amount is less than 50000 yuan, a fine of less than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be given heavier punishment. If the sale of a commodity that is not known to be an infringement of the exclusive right to use a registered trademark can prove that the commodity was legally obtained by itself and the supplier is specified, the administrative department for industry and commerce shall order the cessation of the sale.

For a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may bring a suit in a people's court in accordance with the the People's Republic of China Civil Procedure Law. If, after mediation by the administrative department for industry and commerce, the parties fail to reach an agreement or fail to perform the mediation after the mediation takes effect, the parties may bring a suit in a people's court in accordance with the the People's Republic of China Civil Procedure Law.

Article 61 The administrative department for industry and commerce shall have the right to investigate and deal with acts that infringe upon the exclusive right to use a registered trademark; if a crime is suspected, it shall be promptly transferred to the judicial organ for handling in accordance with the law.

Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and punishing acts suspected of infringing upon the exclusive right of another person to use a registered trademark on the basis of the suspected evidence or report obtained:

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

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

(III) conduct on-site inspections of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;

Articles related to the infringing activities shall be inspected in accordance with the (IV), and articles for which there is evidence of infringement of the exclusive right to use a registered trademark of another person may be sealed up or detained.

When the administrative department for industry and commerce exercises the functions and powers specified in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate with them, and shall not refuse or obstruct them.

In the process of investigating a trademark infringement case, if there is a dispute over the ownership of the trademark or the obligee files a trademark infringement lawsuit with the people's court at the same time, the administrative department for industry and commerce may suspend the investigation and handling of the case. After the cause of suspension is eliminated, the procedure for investigating and handling the case shall be resumed or terminated.

Article 63 The amount of compensation for the infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the right holder as a result of the infringement; if the actual loss is difficult to determine, it may be determined according to the benefits obtained by the infringer as a result of the infringement; if the loss of the right holder or the benefits obtained by the infringer are difficult to determine, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than one time and less than five times the amount determined in accordance with the above-mentioned methods. The amount of compensation shall include the reasonable expenses paid by the right to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; if the infringer does not provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

If the actual losses suffered by the right holder as a result of the infringement, the benefits obtained by the infringer as a result of the infringement, and the license fee of the registered trademark are difficult to determine, the people's court shall, according to the circumstances of the infringement, award compensation of less than 5 million yuan.

When hearing trademark dispute cases, the people's court shall, at the request of the obligee, order the destruction of goods that belong to counterfeit registered trademarks, except for special circumstances; the materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; Or under special circumstances, order to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only the removal of counterfeit registered trademarks.

Article 64 Where the owner of the exclusive right to use a registered trademark requests compensation, and the alleged infringer defends that the owner of the exclusive right to use the registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to use the registered trademark to provide evidence of the actual use of the registered trademark within the previous three years. If the owner of the exclusive right to use a registered trademark cannot prove that he has actually used the registered trademark in the previous three years, nor can he prove that he has suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.

The sale of goods that do not know to be an infringement of the exclusive right to use a registered trademark shall not be liable for compensation if it can prove that the goods were legally obtained by itself and indicate the provider.

Article 65 Where a trademark registrant or an interested party has evidence to prove that another person is committing or is about to commit an act that infringes upon its exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to its legitimate rights and interests, it may, in accordance with the law, apply to the people's court for measures to order the cessation of the relevant acts and the preservation of property before filing a lawsuit.

Article 66 In order to stop an infringing act, the trademark registrant or the interested party may, in accordance with the law, apply to the people's court for the preservation of evidence before filing a lawsuit under the circumstances that the evidence may be destroyed or lost or difficult to obtain later.

Article 67 Where, without the permission of the trademark registrant, the use of a trademark identical with its registered trademark on the same kind of goods constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensating the losses of the infringed.

Whoever forges or manufactures, without authorization, a registered trademark logo of another person or sells a registered trademark logo forged or manufactured without authorization, which constitutes a crime, shall, in addition to compensating the losses of the infringed, be investigated for criminal responsibility according to law.

If the sale of goods known to be counterfeit registered trademarks constitutes a crime, in addition to compensation for the losses of the infringed, criminal responsibility shall be investigated according to law.

Article 68 If a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. The person in charge and other persons directly responsible shall be given a warning and fined not less than 5,000 yuan but not more than 50,000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law:

(I) forges, alters or uses forged or altered legal documents, seals or signatures in the course of handling trademark matters;

(II) soliciting trademark agency business by means of slandering other trademark agencies or disturbing the order of the trademark agency market by other improper means;

(III) in violation of the provisions of Article 4 and the third and fourth paragraphs of Article 19 of this Law.

If a trademark agency has the acts specified in the preceding paragraph, it shall be recorded in the credit file by the administrative department for industry and commerce; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting its trademark agency business and make a public announcement.

If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of the client, it shall bear civil liability in accordance with the law, and shall be punished by the trademark agency industry organization in accordance with the provisions of the articles of association.

Those who apply for trademark registration in bad faith shall be given administrative penalties such as warnings and fines according to the circumstances; those who file trademark lawsuits in bad faith shall be punished by the people's courts in accordance with the law.

Article 69 State functionaries engaged in the registration, administration and review of trademarks must enforce the law impartially, be honest and self-disciplined, be devoted to their duties and serve in a civilized manner.

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

Article 70 The administrative department for industry and commerce shall establish and improve an internal supervision system to supervise and inspect the implementation of laws and administrative regulations and the observance of disciplines by the functionaries of state organs responsible for trademark registration, administration and review.

Article 71 Any functionary of a State organ engaged in the registration, administration and review of a trademark who neglects his duty, abuses his power, engages in malpractices for personal gain, handles the registration, administration and review of a trademark in violation of the law, accepts property from the party concerned and seeks illegitimate interests, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be punished according to law.

　　Chapter VIII Supplementary Provisions

Article 72 Any application for trademark registration or other trademark matters shall be subject to payment of fees, the specific rates of which shall be determined separately.

Article 73 This Law shall enter into force as of March 1, 1983. The Regulations on the Administration of Trademarks promulgated by the State Council on April 10, 1963 shall be repealed on the same date, and all other provisions on the administration of trademarks that contravene this Law shall be invalidated at the same time.

Trademarks registered prior to the implementation of this Law shall continue to be valid.