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Trademark Law of the People's Republic of China
2004-10-27

Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress and promulgated by Order No. 10 of the Standing Committee of the National People's Congress on August 23, 1982, and effective as of March 1, 1983, and amended in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993

Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks
Chapter V Determination of Disputes Concerning Registered Trademarks
Chapter VI Administrative Control of the Use of Trademarks
Chapter VII Protection of the Right to Exclusive Use of a Registered Trademark
Chapter VIII Supplementary Provisions


Chapter I General Provisions

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

Article 2 The Trademark Office of the administrative department for
industry and commerce under the State Council shall be in charge of the work of
trademark registration and administration throughout the country.

Article 3 Registered trademarks are those that have been approved and
registered by the Trademark Office. Trademark registrants shall enjoy the right
to exclusive use of their trademarks and shall be protected by law.

Article 4 Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a trademark for
the goods it or he produces,manufactures, processes, selects or markets shall
file an application for registration of goods trademark with the Trademark
Office.
Any enterprise, institution or self-employed industrialist or businessman
that needs to acquire the right to exclusive use of a trademark for the services
it or he provides shall file an application for registration of service
trademark with the Trademark Office.
Provisions regarding the goods trademarks in this Law shall be applicable to
service trademarks.

Article 5 With respect to goods that the State has designated as requiring
the use of a registered trademark, an application for trademark registration
must be filed; the goods may not be sold on the market before registration is
granted.

Article 6 The user of a trademark shall be responsible for the quality of
the goods on which the trademark is used. The administrative departments for
industry and commerce at all levels shall, by means of trademark administration,
exercise supervision over the quality of goods and stop any practice that
deceive consumers.

Article 7 Any word or design, or combination thereof, used as a trademark,
shall have distinctive characteristics so as to facilitate identification.
Wherever a registered trademark is used,it shall bear the words "Registered
trademark" or a sign indicating that it is registered.

Article 8 The following words or designs may not be used in trademarks:
(1) those identical with or similar to the national name,national flag,
national emblem, military flag or medals of the People's Republic of China;
(2) those identical with or similar to the national name,national flag,
national emblem or military flag of any foreign country;
(3) those identical with or similar to the flag, emblem or name of any
intergovernmental international organization;
(4) those identical with or similar to the symbol or name of the Red Cross
or the Red Crescent;
(5) the generic name or design of the goods concerned;
(6) those directly indicating the quality, main raw materials,function, use,
weight, quantity or other characteristics of the goods concerned;
(7) those having the nature of discrimination against any nationality;
(8) those constituting exaggerated and deceitful advertising;and
(9) those detrimental to socialist morality or customs, or having other
harmful influences.
Geographic names of administrative divisions at or above the county level or
foreign geographic names known to the public shall not be used as trademarks,
with the exception, however, of those geographic names having other meanings.
Registered trademarks in which geographic names are used shall remain valid.

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

Article 10 Where a foreigner or foreign enterprise applies for trademark
registration or deals with other trademark matters in China, it shall entrust an
organization designated by the Chinese Government to act on its behalf.GO TO TOP


Chapter II Application for Trademark Registration

Article 11 An applicant for trademark registration shall report, in
accordance with the prescribed classification of goods,the class of the goods
and the designation of the goods on which the trademark is to be used.

Article 12 If an applicant intends to use the same trademark on goods in
different classes, it or he shall submit applications for registration in
accordance with the classification of goods.

Article 13 If a registered trademark needs to be used on other goods of the
same class, a new application for registration shall be filed.

Article 14 If any word or design of a registered trademark needs to be
changed, a new application for registration shall be filed.

Article 15 If a change needs to be made in the name, address or any other
registered matter concerning the registrant of a registered trademark, an
application to make the change shall be filed.GO TO TOP


Chapter III Examination and Approval of Trademark Registration

Article 16 When an application has been made to register a trademark that
is in conformity with the relevant provisions of this Law, the Trademark Office
shall make a preliminary examination and approval of that trademark and shall
publicly announce it.

Article 17 If an application has been made to register a trademark that is
not in conformity with the relevant provisions of this Law or that is identical
with or similar to another person's trademark which has already been registered
or given preliminary examination and approval for use on the same kind of goods
or similar goods, the Trademark Office shall reject the current application and
shall not publicly announce that trademark.

Article 18 If two or more applicants apply for registration of identical or
similar trademarks for the same kind of goods or similar goods, the trademark
whose registration was first applied for shall be given preliminary examination
and approval and shall be publicly announced; if the applications are filed on
the same day, the trademark which was first used shall be given preliminary
examination and approval and shall be publicly announced, and the applications
of the others shall be rejected and shall not be publicly announced.

Article 19 Any person may file an opposition to a trademark which has been
given preliminary examination and approval, within three months from the day it
was publicly announced. If no opposition is filed, or if it is determined that
the opposition is not justified, registration shall be granted, a trademark
registration certificate shall be issued and the trademark shall be publicly
announced. If it is determined that the opposition is justified, no registration
shall be granted.

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

Article 21 When an application for trademark registration has been rejected
and the trademark is not to be publicly announced,the Trademark Office shall
notify the applicant in writing. If the applicant does not agree with the
rejection, it may apply for a reexamination within 15 days after receiving the
notification, and the Trademark Review and Adjudication Board shall make a final
decision and notify the applicant in writing.

Article 22 If an opposition is filed against a trademark which has been
given preliminary examination and approval and has been publicly announced, the
Trademark Office shall hear the opponent's and the applicant's statements of the
facts and reasons and shall,after investigation and verification, make a
decision. If a party disagrees with the decision, it may apply for a
reexamination within 15 days after receiving notification of the decision, and
the Trademark Review and Adjudication Board shall make a final decision and
notify the opponent and the applicant in writing.GO TO TOP


Chapter IV Renewal, Assignment and Licensing of Registered Trademarks

Article 23 The period of validity of a registered trademark shall be ten
years, counted from the day the registration is approved.

Article 24 If a registrant needs to continue to use the registered
trademark after the period of validity expires, an application for renewal of
registration shall be made within six months before the expiration. If the
registrant fails to make such an application within that period, an extension
period of six months may be granted. If no application has been filed before the
extension period expires, the registered trademark shall be cancelled.
The period of validity for each renewal of registration shall be ten years.
After a renewal of registration has been approved, it shall be publicly
announced.

Article 25 When a registered trademark is to be assigned, the assignor and
the assignee shall jointly file an application with the Trademark Office. The
assignee shall guarantee the quality of the goods on which the registered
trademark is to be used.
After the assignment of a registered trademark has been approved, it shall
be publicly announced.

Article 26 A trademark registrant may, by concluding a trademark licensing
contract, authorize another person to use its registered trademark. The licensor
shall supervise the quality of the goods on which the licensee uses the
licensor's registered trademark, and the licensee shall guarantee the quality of
the goods on which the registered trademark is to be used.
If any party is authorized to use a registered trademark of another person,
the name of the licensee and the origin of the goods must be indicated on the
goods that bear the registered trademark.
The trademark licensing contract shall be submitted to the Trademark Office
for the record.GO TO TOP


Chapter V Determination of Disputes Concerning Registered Trademarks

Article 27 If a registered trademark contravenes the provisions of Article
8 of this Law, or the registration thereof is obtained through fraudulent or
other unfair means, the Trademark Office shall cancel such registered trademark;
other entities or individuals may request the Trademark Review and Adjudication
Board to make a ruling cancelling such registered trademark.
If a dispute arises over a registered trademark, with the exception of the
circumstances specified in the preceding paragraph, the disputant may, within
one year from the date the trademark is registered after due verification, apply
to the Trademark Review and Adjudication Board for a ruling.
After the Trademark Review and Adjudication Board has received an
application for a ruling, it shall notify the parties concerned and request them
to reply within a specified period.

Article 28 If an opposition was filed and a ruling already made prior to
the approval of the registration of a trademark, the same facts and reasons may
not be used in an another application for a ruling.

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


Chapter VI Administrative Control of the Use of Trademarks

Article 30 In the event of any of the following acts concerning the use of
a registered trademark, the Trademark Office shall order rectification of the
situation within a specified period or shall revoke the registered trademark:
(1) if any word or design, or combination thereof, of the registered
trademark is altered without authorization;
(2) if the registrant's name, address or any other registered matters
concerning the registered trademark is changed without authorization;
(3) if the registered trademark is assigned without authorization; and
(4) if the registered trademark has not been used for three consecutive
years.

Article 31 If a registered trademark is used on crudely manufactured goods
that are passed off as being of high quality,thus deceiving consumers, the
administrative departments for industry and commerce at various levels shall,
according to the circumstances, order rectification of the situation within a
specified period and may, in addition, circulate a notice on the matter or
impose a fine, or the Trademark Office may revoke the registered trademark.

Article 32 If a registered trademark is revoked or is not renewed after its
period of validity expires, the Trademark Office shall not approve any
application for the registration of a trademark identical with or similar to the
said trademark within one year from the day of the revocation or cancellation.

Article 33 In the event of a violation of the provisions of Article 5 of
this Law, the local administrative department for industry and commerce shall
order the violator to file an application for registration within a specified
period and may, in addition, impose a fine.

Article 34 In the event of any of the following acts concerning the use of
an unregistered trademark, the local administrative department for industry and
commerce shall stop the use of the trademark, order rectification of the
situation within a specified period and may, in addition, circulate a notice on
the matter or impose a fine:
(1) if the trademark is falsely represented as being a registered one;
(2) if the trademark violates the provisions of Article 8 of this Law; or
(3) if the trademark is used on crudely manufactured goods that are passed
off as being of high quality, thus deceiving consumers.

Article 35 If a party disagrees with the decision of the Trademark Office
to revoke a registered trademark, it may apply for a reexamination within 15
days after receiving notification of the revocation, and the Trademark Review
and Adjudication Board shall make a final decision and notify the applicant in
writing.

Article 36 If a party disagrees with the decision of the administrative
department for industry and commerce to impose a fine under the provisions of
Articles 31, 33 or 34 of this Law, it may bring a suit in a people's court
within 15 days after receiving the notification of the decision. If, at the
expiration of such a period, the party has neither brought a suit nor complied
with the decision, the relevant administrative department for industry and
commerce shall apply to the people's court for compulsory enforcement of its
decision.GO TO TOP


Chapter VII Protection of the Right to Exclusive Use of a Registered
Trademark

Article 37 The right to exclusive use of a registered trademark shall be
limited to trademarks which have been approved for registration and to goods on
which the use of a trademark has been approved.

Article 38 Any of the following acts shall be an infringement of the right
to exclusive use of a registered trademark:
(1) using a trademark which is identical with or similar to the registered
trademark on the same kind of goods or similar goods without a licence from the
owner of that registered trademark;
(2) knowingly selling goods bearing counterfeit registered trademarks;
(3) forging or making without authorization representations of a registered
trademark of another person or selling representations of a registered trademark
which are forged or made without authorization; or
(4) harming, in other ways, another person's right to exclusive use of a
registered trademark.

Article 39 In the event of any infringement of the right to the exclusive
use of a registered trademark as set forth in Article 38 of this Law, the
infringed may request the administrative department for industry and commerce at
or above the county level for disposition. The relevant administrative
department for industry and commerce shall have the power to order the infringer
to stop the infringing act immediately and to compensate the infringed for its
or his losses; the amount of the compensation shall be the profits the infinger
has obtained as a result of the infringement during the period of the
infringement or the losses suffered by the infringed as a result of the
infringement during the period of the infringement. If the infringement of the
right to exclusive use of a registered trademark does not constitute a crime,
the administrative department for industry and commerce may impose a fine upon
the infringer. If any party is not satisfied with the decision of the
administrative department for industry and commerce ordering a cessation of the
infringing act and imposing a fine, it may bring a suit in a people's court
within 15 days from receipt of notification of the decision. If, on the
expiration of such a period, the party has neither brought a suit nor complied
with the decison, the relevant administrative department for industry and
commerce shall apply to the people's court for compulsory enforcement.
In the event of an infringement of the right to exclusive use of a
registered trademark, the party whose right has been infringed may also directly
bring a suit in a people's court.

Article 40 Any person who counterfeits a registered trademark of another
person shall, if the act constitutes a crime, be investigated for criminal
responsibility according to law in addition to compensating for the losses
suffered by the infringed.
Any person who forges or makes without authorization representations of a
registered trademark of another person or sells representations of a registered
trademark which are forged or made without authorization shall, if the act
constitutes a crime,be investigated for criminal responsibility according to law
in addition to compensating for the losses suffered by the infringed.
Any person who knowingly sells goods bearing counterfeit registered
trademarks shall, if the act constitutes a crime, be investigated for criminal
responsibility according to law in addition to compensating for the losses
suffered by the infringed.GO TO TOP


Chapter VIII Supplementary Provisions

Article 41 Applicants for trademark registration and the handling of other
trademark matters shall pay a fee, the specific standards of which shall be
prescribed separately.

Article 42 Rules for the implementation of this Law shall be formulated by
the administrative department for industry and commerce under the State Council,
and shall be implemented after they have been submitted to and approved by the
State Council.

Article 43 This Law shall go into effect as of March 1, 1983.On that same
day, the Regulations on Trademark Administration promulgated by the State
Council on April 10, 1963 shall simultaneously be repealed, and any other
provisions concerning trademark administration that conflict with this Law shall
be invalidated.


Trademarks registered before this Law goes into effect shall continue to be
valid.GO TO TOP

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