WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/CHN/T/1
8 July 2002
(02-3791)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
The present document reproduces the text1 of the Trademark Law, as last amended on
27 October 2001, notified by China under Article 63.2 of the Agreement (see document
IP/N/1/CHN/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
CHINE
Le présent document contient le texte1 de la Loi sur les marques de fabrique ou de commerce,
qui a été notifiée par la Chine au titre de l'article  63:2 de l'Accord (voir le  document IP/N/1/CHN/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
CHINA
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de
Comercio, modificada el 27 de octubre de 2001, que China ha notificado en virtud de lo dispuesto en
el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/CHN/1).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/CHN/T/1
Page 2
TRADEMARK LAW
OF THE PEOPLE’S REPUBLIC OF CHINA
 (Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on
August 23, l982, and amended according to the "Decision on the Revision of the 'Trademark Law of
the People's Republic of China ' adopted at the 30th Session of the Standing Committee of theSeventh National People's Congress on February 22, 1993, and amended again according to the
Decision on the Revision of the “Trademark Law of the People’s Republic of China” adopted at the
24th  Session of the Standing Committee of the Ninth  National People’s Congress on October 27,
2001.)
Chapter I
General Provisions
Article 1.  This Law is enacted for the purposes of improving the administration of trademarks,
protecting the exclusive right to use a trademark, and of encouraging producers and traders to
guarantee the quality of their goods and services and maintain the reputation of their trademarks, with
a view to protecting the interests of consumers, producers and traders ,  and to promoting the
development of socialist market economy.
Article 2.  The Trademark Office of the administrative authority for industry and commerce under the
State Council shall be responsible for the registration and administration of trademarks throughout thecountry.
     The Trademark Review and Adjudication Board, established under the administrative authority for
industry and commerce under the State Council, shall be responsible for handling trademark disputes.
Article 3.  A registered trademark , including a trademark, a service mark, a collective mark and a
certification mark , means a trademark that has been approved and registered by the Trademark
Office. The trademark registrant shall enjoy an exclusive right to use the trademark, which shall be
protected by law.
     In this law, a collective mark means a mark which is registered in the name of a group, an
association or any other organization and is used in trade by its members to indicate the users’membership.
   In this law, a certification mark is a mark which is controlled by an organization capable of
supervising a type of goods or service, and which is used in respect of goods or services by other
organizations or individuals who do not belong to the said organization, with a view to certifying the
origin, raw material, mode of manufacture of goods  or performance of services, quality or other
characteristics.
   The particulars concerning the registration and administration of  collective marks and a
certification marks shall be promulgated by the administrative  authority for industry and commerce
under the State Council.
Article 4.  Any natural person, legal person or other organization, intending to acquire the exclusive
right to use a trademark for the goods produced, manufactured, processed, selected or marketed by
him or it, shall file an application for the regi stration of the goods trademark with the Trademark
Office.
    Any natural person, legal person or other organization, intending to acquire the exclusive right to
use a service mark for the service provided by him or it, shall file an application for the registration of
the service mark with the Trademark Office.   The provisions made in this Law concerning goods trademarks shall apply to service marks.IP/N/1/CHN/T/1
Page 3
Article 5.  Two or more than two natural persons, legal persons or other organizations may jointly file
an application for the registration of a trademark with the Trademark Office, and shall jointly enjoy
and exercise the exclusive right of the trademark.
Article 6.  As for any of such goods, as prescribed by the State, that must bear a registered trademark,
a trademark registration must be applied for. Where no trademark registration has been granted, such
goods cannot be sold on the market.
Article 7.  Any user of a trademark shall be responsible for the quality of the goods in respect of
which the trademark is used. The administrative authorities for industry and commerce at different
levels shall, through the administration of trademarks , shall stop any practice that deceives
consumers.
Article 8.  Any visual sign capable of distinguishing the goods or service of one natural person, legal
person or any other organization from those of others, including words, devices, letters, numerals,
three-dimensional symbols, combination of colours or  the combination of the said elements may be
applied for the registration of a trademark..
Article 9.  Where a trademark is applied for registration, it shall be so distinctive as to be
distinguishable and it shall not conflict with any other legal right acquired earlier by others.
   The registrant of a trademark enjoys the right of indicating “Registered Trademark“ or other
registration sign.
Article 10.  The following words or devices shall not be used as trademarks:
(1) those identical with or similar to the State name, national flag, national emblem, military flag, or
decorations, of the People's Republic of China, and those identical with or similar to the name of a
particular venue where a central state government or ganization is located or the name or graph of the
symbolic building of a central state government organization;
(2) those identical with or similar to the State names, national flags, national emblems or military
flags of foreign countries, with the exception that consent has been given by  the country’s
government;
(3) those identical with or similar to the names, fl ags, or emblems of international intergovernmental
organizations, with the exception that consent has been given by the organization or it is unlikely to
mislead the public;(4) those identical with or similar to the official signs and hallmarks indicating control and warrant,
with the exception of being authorized.
(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;
(6) those having the nature of discrimination against any nationality;
(7) those having the nature of exaggeration and fraud in advertising goods;(8) those detrimental to socialist morals or customs, or having other unhealthy influences.
    The geographical names as the administrative divisions at or above the county level and the foreign
geographical names well-known to the public shall not be used as trademarks, but such geographical
names as have otherwise meanings or as an element of a collective mark or a certification mark shall
be exclusive. Where a trademark using any of the above-mentioned geographical names has beenapproved and registered, it shall continue to be valid.
Article 11.  The following shall not be registered as a trademark:
(1) trade marks which consist exclusively of generic names, designs or model of the goods in respect
of which the trademark is used;(2) trade marks which consist exclusively of signs or indications which have direct reference to the
quality, main raw material, function, intended purpose, weight, quantity or other  characteristics of
goods or services,
(3) trade marks which are devoid of any distinctive character,IP/N/1/CHN/T/1
Page 4
Where trademarks mentioned above have acquired distinctiveness through use and it is easy to
distinguish, they may be registered as trademarks.
Article 12.  Where a three-dimensional sign is applied for the registration of a trademark, it shall not
be registered if it consists exclusively of the shape which results from the nature of the goodsthemselves, the shape of goods which is necessary to obtain a technical result, or
the shape which gives substantial value to the goods.
Article 13.  A trademark which is applied for registration in identical or similar goods shall not be
registered or shall be prohibited from using, if it is a reproduction, an imitation or a translation, liable
to create confusion, of a well-known mark which is not registered in China.
   A trademark which is applied for use in unidentical or dissimilar goods shall not be registered orshall be prohibited from using if it is a reproduction, an imitation or a translation, misleading the
public, of a well-known mark which is registered in China, provided that the interests of the owner of
the well-known mark are likely to be damaged by such use.
Article 14.  When determining a well-known mark, the following factors shall be considered:
(1) degree of knowledge of the relative public;
(2) duration of use;
(3) duration of time, degree and geographical range of any publicity of the mark;
(4) any record of the mark being protected as a well-known mark;
(5) other factors which makes the mark well-known.
Article 15.  Where the agent or representative of the person who is the owner of a mark applies
without such owner’s authorization for the registra tion of the mark in his own name, if the owner
opposes the registration applied for, the registration shall be refused and the use of the mark shall be
prohibited.
Article 16.  Where a trademark contains or consists of a geographical indication with respect to goods
not originating in the place indicated, misleading the public as to the true place of origin, the
registration shall be refused and the use of the mark shall be prohibited. But for those which have
obtained registration bona fides shall continue to be valid.
Geographical indications mentioned in the preceding paragraph are indications which identify a good
as originating in a region, where a given quality, reputation or other characteristic of the goods isessentially attributable to its natural or human factors.
Article 17.  Any foreigner or foreign enterprise intending to apply for the registration of a trademark
in China shall file an application in accordance with any agreement concluded between the People's
Republic of China and the country to which the applicant belongs, or according to the internationaltreaty to which both countries are parties, or on the basis of the principle of reciprocity.
Article 18. Any foreigner or foreign enterprise intending to apply for the registration of a trademark or
for any other matters concerning a trademark in China shall entrust any of such organizations as
recoganized to be qualified for trademark agency by the State to act as his or its agent.
Chapter II
Application for Trademark Registration
Article 19.  An applicant for the registration of a trademark shall, in a form, indicate, in accordance
with the prescribed classification of goods, the class of the goods and the designation of the goods in
respect of which the trademark is to be used.
Article 20.  Where any applicant intends to apply the same  trademark for goods in different classes, an
application for registration shall be filed in respect of each class of the prescribed classification of
goods.IP/N/1/CHN/T/1
Page 5
Article 21.  Where a registered trademark is to be used in respect of other goods of the same class, a
new application for registration shall be filed.
Article 22.  Where a registered trademark is to be altered, a new registration shall be applied for.
Article 23.  Where, after the registration of a trademark, the name, address or other registered matters
concerning the registrant change, an application regarding the change shall be filed.
Article 24.  An application for registration of a mark filed by a party that has previously duly filed an
application to register the same mark in connection with the same goods in a foreign country may
enjoy a right of  priority in accordance with any agreement concluded between the PRC and the
foreign country concerned, or with the international treaty to which both countries are parties, or onthe basis of the principle of reciprocity, provided that the application in China is filed within six
months from the date on which the application was first filed in the foreign country.
An applicant claiming priority in accordance with the above paragraph shall so state in
writing at the time of filing the application and shall submit within three months a copy of the original
trademark application. An applicant who fails to claim priority in writing or to submit a copy of theoriginal trademark application within the specified period shall be deemed as not claiming priority.
Article 25. Where an applicant uses a trademark for the first time on goods displayed at an
international exhibition sponsored or recognized by the Chinese government , he or it may claim
priority provided he or it files an application to register the mark within six months from the date of
the exhibition.
An applicant claiming priority in accordance with the above provision shall so state in writing
at the time of filing the application and shall submit within three months the name of the exhibition,
evidence certifying the use of the mark on the goods displayed, and documents validating the date of
the exhibition. An applicant who fails to claim priority in writing or to submit the documents required
within the specified period shall be deemed as not claiming priority.Article 26. Matters declared and documents provided for the purpose of the application of a registered
trademark should be authentic, accurate and complete.
Chapter III
Examination and Approval of Trademark Registration
Article 27.  Where a trademark the registration of which has been applied for is in conformity with the
relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve
the trademark and publish it.
Article 28.  Where a trademark the registration of which has been applied for is not in conformity with
the relevant provisions of this Law, or it is identical with or similar to the trademark of another partythat has, in respect of the same or similar goods, been registered or, after examination, preliminarily
approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
Article 29.  Where two or more applicants apply for the registration of identical or similar trademarks
for the same or similar goods, the preliminary approval, after examination, and the publication shallbe made for the trademark which was first filed. Where applications are filed on the same day, the
preliminary approval, after examination, and the publication shall be made for the trademark which
was the earliest used, and the applications of the others shall be refused and their trademarks shall not
be published.
Article 30.  Any person may, within three months from the date of the publication, file an opposition
against the trademark that has, after examination, been preliminarily approved. If no opposition has
been filed at the expiration of the specified period, the registration shall be approved, a certificate of
trademark registration shall be issued and the trademark shall be published.IP/N/1/CHN/T/1
Page 6
Article 31.  No trademark application shall infringe upon another party’s existing prior rights. Nor
shall an applicant register in an unfair means a mark which is already in use by another party and
enjoys substantial influence.
Article 32.  Where the application for registration of a trademark is refused and no publication of the
trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the
applicant is dissatisfied, he may, within fifteen days from receipt of the notification, apply for a
review to the Trademark Review and Adjudication Board, which shall make a final decision and
notify the applicant of the same in writing.
   Where the applicant is dissatisfied with the decision of the Trademark Review and Adjudication
Board, he may, within 30 days from receipt of th e corresponding notice, institute legal proceedings
with the People’s court.
Article 33.   Where an opposition is filed against the trademark that has, after examination, been
preliminarily approved and published, the Trademark Office shall hear both the opponent and the
opposed state facts and grounds and shall, after investigation and verification, make a decision. Where
any party is dissatisfied, he may, within fifteen days from receipt of the notification, apply for areview to the Trademark Review and Adjudication Board, which shall make a decision and notify
both the opponent and the opposed in writing.
   Where any party is dissatisfied with the decision of the Trademark Review and Adjudication Board,
he or it may, within 30 days from receipt of the notice, institute legal proceedings with the people’s
court. The people’s court shall notify the other party in the trademark review proceedings toparticipate in the proceedings as the third party.
Article 34.  Where an applicant fail to apply for a review of a decision made by the Trademark Office
or to institute legal proceedings with a people’s court against the decision of the Trademark Review
and Adjudication Board within the specified period, the decision shall go into effect.   If it is decided that the opposition is not justified, the registration shall be approved, a certificate of
trademark registration shall be issued and the trademark shall be published. If it is decided that the
opposition is justified, no registration shall be approved.
   Where it is decided that the opposition is not justified and the mark shall be registered, the time the
applicant acquires the mark’s exclusive right of use shall date from three months after the date of it’s
preliminary publication.
Article 35.  Applications for trademark registration and trademark registration review shall be
examined promptly.
Article 36.  Where a trademark applicant or trademark registrant finds an obvious error in the
documents of trademark application or registration, he or it may apply to have it corrected. TheTrademark Office shall make corrections within the range of its functions and powers in line with the
law and notify the party concerned.
   The correction of errors provided for in the above paragraph shall not involve substantive matters in
the application or registration documents.
Chapter IV
Renewal, Assignment and Licensing of Registered Trademarks
Article 37.  The period of validity of a registered trademark shall be ten years, counted from the date
of approval of the registration.
Article 38.  Where the registrant intends to continue to use the registered trademark beyond the
expiration of the period of validity, an application for renewal of the registration shall be made within
six months before the said expiration. Where no application therefor has been filed within the saidIP/N/1/CHN/T/1
Page 7
period, a grace period of six months may be allowed. If no application has been filed at the expiration
of the grace period, the registered trademark shall be canceled.
   The period of validity of each renewal of registration shall be ten years.
   Any renewal of registration shall be published after it has been approved.
Article 39.  Where a registered trademark is assigned, the assignor and assignee shall sign an
agreement of assignment 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.
   The assignment of a registered trademark shall be published after it has been approved. The
assignee shall enjoy the exclusive right to use the mark from the date of publication.
Article 40.  Any trademark registrant may, by signing a trademark license contract, authorize other
persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect
of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the
goods in respect of which the registered trademark is used.
   Where 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 license contract shall be submitted to the Trademark Office for record.
Chapter V
Adjudication of Disputes  Concerning Registered Trademarks
Article 41.  Where a registered trademark stands in violation of the provisions of Article 10, 11, 12 of
this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the
Trademark Office shall cancel the registered trademark in question; and any other organization or
individual may request the Trademark Review a nd Adjudication Board to make decision to cancel
such a registered trademark.   Where a registered trademark stands in viola tion of the provisions of Article 13, 15, 16 and 31 of
this Law, the owner of the mark or any interested party may, within five years from the date of
registration, may request the Trademark Review and Adjudication Board to make a decision to cancel
such a registered trademark.  Where  a registration was obtained in bad faith, the owner of a famous
trademark shall not be bound by the five-year limitation.
   In addition to those cases as provided for in the preceding two paragraphs, a prior registrant
disputing a registered trademark may, within five years from the date of approval of the trademarkregistration, apply to the Trademark Review and Adjudication Board for adjudication.
    The Trademark Review and Adjudication Board shall after receipt of the application for
adjudication, notify the interested parties and request them to respond with arguments within a
specified period.
Article 42.  Where a trademark, before its being approved for registration, has been the object of
opposition and decision, no application for adjudication may be filed based on the same facts and
grounds.
Article 43.  After the Trademark Review and Adjudication Board has made an adjudication either to
maintain or to cancel a registered trademark, it shall notify the interested parties of the same in
writing.
   Where any party is dissatisfied with the decision of the Trademark Review and Adjudication Board,
he or it may, within 30 days from receipt of the notice, institute legal proceedings with the people’s
court. The people’s court shall notify the other party in the trademark review proceedings toparticipate in the proceedings as the third party.IP/N/1/CHN/T/1
Page 8
Chapter VI
Administration of the Use of Trademarks
Article 44.  Where any person who uses a registered trademark has committed any of the following,
the Trademark Office shall order him to rectify the situation within a specified period or even cancelthe registered trademark:
(1) Where a registered trademark is altered unilaterally (that is, without the required registration);
(2) where the name, address or other registered matters concerning the registrant of a registered
trademark are changed unilaterally (that is, without the required application);
(3) where the registered trademark is assigned unilaterally (that is, without the required approval); and
(4) where the registered trademark has ceased to be used for three consecutive years.
Article 45.  Where a registered trademark is used in respect of the goods that have been roughly or
poorly manufactured, or whose superior quality has been replaced by inferior quality, so that
consumers are deceived, the administrative authorities for industry and commerce at different levels
shall, according to the circumstances, order rectification of the situation within a specified period, and
may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may evencancel the registered trademark.
Article 46.  Where a registered trademark has been canceled or has not been renewed at the expiration,
the Trademark Office shall, during one year from the date of the cancellation or removal thereof,
approve no application for the registration of a trademark that is identical with or similar to the saidtrademark.
Article 47.  Where any person violates the provisions of Article 6 of this Law, the local administrative
authority for industry and commerce shall order him to file an application for the registration within a
specified period, and may, in addition, impose a fine.
Article 48.  Where any person who uses an unregistered trademark has committed any of the
following, the local administrative authority fo r industry and commerce shall stop the use of the
trademarks, order him to rectify the situation within a specified period, and may, in addition, circulate
a notice of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 10 of this Law is violated; and(3) where the manufacture is rough or poor, or where superior quality is replaced by inferior quality,
so that consumers are deceived.
Article 49.  Any party dissatisfied with the decision of the Trademark Office to cancel a registered
trademark may, within fifteen days from receipt of the corresponding notice, may apply for a reviewwith the Trademark Review and Adjudication Board, which shall make a decision and notify the
applicant in writing.
   Where any party is dissatisfied with the decision of the Trademark Review and Adjudication Board,
he or it may, within 30 days from receipt of the notice, institute legal proceedings with the people’s
court. The people’s court shall notify the other party in the trademark review proceedings toparticipate in the proceedings as the third party.
Article 50.  Any party dissatisfied with the decision of the administrative authority for industry and
commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within
fifteen days from receipt of the corresponding notice, institute legal proceedings with the people’scourt. If there have been instituted no legal proceedings or made no performance of the decision at the
expiration of the said period, the administrative authority for industry and commerce may request the
people’s court for compulsory execution thereof.IP/N/1/CHN/T/1
Page 9
Chapter VII
Protection of the Exclusive Righ ts to Use Registered Trademarks
Article 51.  The exclusive right to use a registered trademark is limited to the trademark which has
been approved for registration and to the goods in respect of which the use of the trademark has been
approved.
Article 52.  Any of the following acts shall be an infringement of the exclusive right to use a
registered trademark:
(1) to use a trademark that is identical with or sim ilar to a registered trademark in respect of the same
or similar goods without the authorization of the trademark registrant;(2) to sell goods that infringe the exclusive right of use of a registered trademark;
(3) to counterfeit, or to make, without authorization, representations of a registered trademark of
another person, or to sell such representations of a registered trademark as were counterfeited, or
made without authorization;
(4) to alter another party’s registered trademark , without authorization, and to sell goods bearing such
an altered trademark;
(5) to cause, in other respects, prejudice to the exclusive right of another person to use a registered
trademark.
Article 53. Where a dispute arises after a party commits any of such acts to infringe the exclusive
right to use a registered trademark as provided for in Article 52 of this Law, the parties involved shall
settle the dispute through consultation. Where the parties refuse to pursue consultation or where
consultation has failed, the trademark registrant or any interested party may institute legal proceedings
with the people’s court, or request the administra tive authority for industry and commerce for actions.
The administrative authority for industry and commerce shall, upon determining the trademark
infringement has taken place, order the infringer to immediately stop the infringing act, confiscate and
destroy the infringing goods and any instruments specifically used to manufacture the infringing
goods and counterfeit representations of registered trademarks, and even impose a fine. Where the
party is dissatisfied with the decision of the administrative authority for industry and commerce, he or
it may, within 15 days from the receipt of notification, institute legal proceedings with the people’s
court in accordance with the Administrative Procedural Law of the People’s Republic of China. If
there have been instituted no legal proceedings or made no performance of the decision at theexpiration of the said period, the administrative authority for industry and commerce may request the
people’s court for compulsory execution thereof.  Where a party so requests, the administrative
authority for industry and commerce handling a dispute may mediate in settling the amount of
damages. Where mediation fails, a party may institute legal proceedings with the people’s court in
accordance with the Civil Procedural law of the People’s Republic of China.
Article 54.  The administrative authority for industry and commerce has the power to investigate and
handle by law any conduct infringing upon the exclusive right to use a registered trademark. Where a
crime is suspected to have been committed, the case  shall be promptly turn over to the judicial
department to be dealt with in accordance with the law.
Article 55.  The administrative authority for industry and commerce at or above the county level may,
based on evidence obtained and suspected of illegal conduct or information supplied by a member of
the public, exercise the following powers in investigating activities suspected of having infringed
upon another party’s exclusive right to use a registered trademark:(1) to inquire of the interested parties about th e case; to investigate into such circumstances as
involved infringement upon other parties exclusive right to use a registered trademark;
(2) to examine or reproduce the interested party’s contracts, invoices and account books and other
materials as involved infringement upon other parties exclusive right to use a registered trademark;IP/N/1/CHN/T/1
Page 10
(3) to conduct an on-site inspection of the premises where the party has carried out acts allegedly
infringing upon another party’s exclusive right to use a registered trademark;
(4) to check up such articles as relate to the infringing act and may seal or take into custody articles
which are proven to have infringed upon another party’s exclusive right to use a registered trademark .
   When the administrative authority for indust ry and commerce exercises such functions and powers
as enumerated in the preceding paragraph, the interested parties shall give assistance thereto and
cooperate, and must not refuse or obstruct to do so.
Article 56. The amount of damages for infringement of the exclusive right to use a registered
trademark shall be the profit that the infringer ha s earned through the infringement during the period
of the infringement or the losses that the infrin gee has suffered through the infringement during the
period of the infringement, including any reasonable expenses the infringee has incurred in its effortto stop the infringement.
   Where the profit earned by the infringer or losses suffered by the infringee through the infringement
referred to in the preceding paragraph can not be determined, the eople’s court shall decide a damage
up to 500,000 yuan RMB, depending on the circumstances of the infringing acts.
.   Where a party unknowingly sells goods that infringe upon another party’s exclusive right to use aregistered trademark but can prove that he has obtained the goods lawfully and is able to identify the
supplier, he shall not be held liable for damages.
Article 57.  Where a trademark registrant or any interested party submits evidences proving that
another party is engaged in or will soon engage in actions that infringe upon the former’s exclusiveright to use its registered trademark and that, unless they are stopped promptly, it will cause
irreparable injury to its legitimate rights and interest s, he or it may, before filing a lawsuit, apply to
the people’s court for the granting of an injunction prohibiting the actions and protecting its assets.
    The people’s court shall apply the provisions in Article 93 to Article 96 and Article 99 of the Civil
Procedural Law of the People’s Republic of China in handling the application provided in thepreceding paragraph.
Article 58.  With a view to prohibiting trademark infringing activities and where evidences may be
destroyed or lost or become unobtainable in the future, a trademark registrant or an interested party
may, prior to filing a lawsuit, apply to the people’s court to have evidences preserved.
   The people’s court shall make a decision within 48 hours from the receipt of the application. Where
the people’s court decides to provide preservative measures, the decision shall be enforcedimmediately.
   The people’s court may order the applicant to provide security. Where no security is provided, the
people’s court shall reject the application.
   Where the applicant fails to institute legal proceedings within 15 days after the people’s court grants
the preservative measures, the people’s court shall rescind the said measures.
Article 59.   Where a party, without the authorization of a trademark registrant, uses a trademark that
is identical with a registered trademark in respect of the same goods, if it constitutes a crime, the party
shall be prosecuted , according to the law, for its cr iminal liabilities in addition to compensating the
damages the infringee suffers.     Where any party counterfeits, or makes, without authorization, representations of a registered
trademark of another party, or sells such representations of a registered trademark as were
counterfeited, or made without authorization, if it constitutes a crime, the party shall be prosecuted,
according to the law, for its criminal liabilities.
   Where any party sells goods that he knows bear a counterfeited registered trademark, if it constitutesa crime, the party shall be prosecuted, according to the law, for its criminal liabilities in addition to
compensating the  damages the infringee suffers.IP/N/1/CHN/T/1
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Article 60. State personnel engaged in trademark registration, administration, and review shall be
impartial in implementing the law, incorruptible a nd self-disciplined, and devoted to their duty, and
shall provide civilized services.
   State personnel in the Trademark Office and the Trademark Review and adjudication Board and
other personnel engaged in trademark registration, management, and review shall not be involved intrademark agency services or in the production or trading of goods.
Article 61.  Administrative authorities for industry and commerce shall establish and perfect an
internal supervisory system to supervise and inspect the way state personnel responsible for trademark
registration, administration, and review implement the law and administrative rules and regulations
and observe discipline.
Article 62.  Where state personnel engaged in trademark registration, administration and review are
derelict of duty, abuse their power, and practice fraud for personal considerations; where they handle
trademark registration, administration, and re-examination matters in violation of the law; where they
accept money or properties from a party in a trademark matter; where they seek improper gains; and
where the case is so serious as to constitute a crime, they shall be prosecuted, according to the law, fortheir criminal liabilities. Where the case does no t constitute a crime, the person involved shall be
subject to administrative disciplinary measures.
Chapter VIII
Supplementary Provisions
Article 63.  Any application for a trademark registration and for other matters concerning a trademark
shall be subject to payment of the fee as prescribed. The schedule of fees shall be prescribed
separately.
Article 64.  This Law shall enter into force on March 1,1983. The "Regulations Governing
Trademarks" promulgated by the State Council on April 10, 1963 shall be abrogated on the same date,
and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the
same time.
   Trademarks registered before this Law enters into force shall continue to be valid.
(Translation by the Trademark Office of the State Administration for Industry and Commerce of the
People's Republic of China)In case of discrepancy, the original version in Chinese shall prevail.
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