1 Trademark Law of the People's Republic of China  
 
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's 
Congress on August 23, 1982; amended for the first time 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; amended for the second time in accordance with the 
Decision on Revising the Trademark Law of the People's Republic of China adopted at 
the 24th Meeting of the Standing Committee of the Ninth National People's Congress 
on October 27, 2001 ；and amended for the third time in accordance with the Decision 
on Revising the Trademark Law of the People ’s Republic of Chi na adopted at the 4th 
Meeting of the Standing Committee of the Twelfth National People ’s Congress on 
August 30, 2013 ) 
      
Contents  
      
      Chapter  I     General Provisions  
      Chapter  II    Application for Trademark Registration  
      Chapter  II I   Examination and Approval of Trademark Registration  
      Chapter  IV    Renewal, Alteration , Transfer and Licensing of Registered 
Trademarks  
 Chapter  V     Declaration of the Invalidity of Registered Trademarks  
      Chapter  VI    Administrative Cont rol of the Use of Trademarks  
      Chapter  VII   Protection of the Exclusive Right to the Use of a Registered 
Trademark  
      Chapter  VIII  Supplementary Provisions  
 
      
Chapter I  
General Provisions  
           
     Article 1 This Law is enacted for the  purpose of improving the administration of 
trademarks, protecting the exclusive right to the use of a trademark, and encouraging 
producers and dealers to guarantee the quality of their goods and services and preserve 
the credibility of trademarks, so as t o protect the interests of consumers, producers and 
dealers and promote the development of the socialist market economy.   2  
     Article 2 The trademark office  of the administrative department for industry and 
commerce under the State Council shall be in ch arge of the work of trademark 
registration and administration throughout the country.  
     The administrative department for industry and commerce under the State 
Council shall establish a trademark review and adjudication board  to be responsible for 
handl ing trademark disputes.  
 
     Article 3 Registered trademarks refer to trademarks that are registered with the 
approval of the trademark office , including trademarks for goods and services, 
collective trademarks and certification trademarks. The owner of a  registered 
trademark shall enjoy the exclusive right to the use of the trademark, which shall be 
protected by law.  
     For purposes of this Law, a collective trademark refers to one that is registered in 
the name of a group, association, or any other org anization for use in business by its 
members to indicate membership.  
     For purposes of this Law, a certification trademark refers to one that is controlled 
by an organization which is capable of exercising supervision over a particular kind of 
goods or services and that is used by a unit other than the organization or by an 
individual for its or his goods or services, and is designed to certify the indications of 
the place of origin, raw materials, mode of manufacture, quality, or other specified 
propert ies of the said goods or services.      
     Particulars pertaining to the registration and administration of collective 
trademarks and certification trademarks shall be formulated by the administrative 
department for industry and commerce under the State Council.  
 
     Article 4 Any natural person, legal person or other organization that needs to 
obtain the exclusive right to use a trademark for its goods or services during production 
and business operations shall apply for trademark registration with the  trademark 
office.  
     Provisions regarding the trademarks  for goods  in this Law shall be applicable to 
service trademarks.  
 
     Article 5 Two or more natural persons, legal persons, or other organizations may 
jointly file an application with the tradema rk office  for the registration of one and the 
same trademark and jointly enjoy and exercise the exclusive right to the use of the  3 trademark.  
 
     Article 6 Where a  register ed trademark is required to be used for some goods by 
laws or administrative regula tions , an application for trademark registration shall be 
made. No s uch goods may be marketed without an approved and registered trademark.  
 
     Article 7 The principle of good faith shall be upheld in the application for 
trademark registration and in the  use of trademarks.  
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, put an end  to 
any practice that deceives consumers.   
 
     Article 8 Any signs , including words , graph s, letter s, number s, three -dimensional 
symbol s, color combination s, sound or any combination thereof, that are capable of 
distinguishing the goods of a natural per son, legal person or other organization from 
those of others may be applied for registration as trademarks.  
 
     Article 9 A trademark submitted for registration shall bear noticeable 
characteristics and be readily distinguishable, and it may not conflict  with the 
legitimate rights obtained by others earlier.   
     A trademark registrant shall have the right to indicate the wording "Registered 
Trademark" or the sign showing that the trademark is registered.   
 
     Article 10  None of the following signs m ay be used as trademarks:  
(1) Those identical with or similar to the State name, the national flag, emblem  
or anthem, the military flag, emblem  or songs , or medals of the People's Republic of 
China; or those identical with the names or emblems of Central State organs, the names 
of the specific locations where  the Central State organs  are seated;  or those identical 
with the names or designs of landmark buildings;  
(2) Those identical with or similar to the State name, national flag, national 
emblem or milit ary flag  etc., of a foreign countr y, except with the consent of the 
government  of that  country ;  
(3) Those identical with or similar to the name, flag or emblem of an 
international inter -governmental organization, except with the consent of th at 
organizati on or except where it is unlikely to mislead the public ;   4      (4) Those identical with or similar to an official mark or inspection stamp that 
indicates control and guarantee, except where authorized;  
     (5) Those identical with or similar to the symbo l or name of the Red Cross or the 
Red Crescent;  
     (6) Those having the nature of discrimination against any nationality;  
     (7) Those that are deceptive and likely to  mislead the public  in terms of the 
quality, place of production or other character istics of the  goods ; and  
     (8)Those detrimental to socialist ethics or customs, or having other 
unwholesome influences.  
     No geographical names of administrative divisions at or above the county level 
or foreign geographical names known to the publi c may be used as trademarks, except 
where geographical names have other meanings or constitute part of a collective 
trademark or certification trademark. Registered trademarks in which geographical 
names are sued shall remain valid.   
 
     Artic le 11 None  of the following mark s may be registered as trademarks:  
     (1) Where the mark bears only the generic name, design, or model number of the 
goods concerned;    
     (2) Where it only directly indicates the quality, principal raw materials, function, 
use, weight, quantity or other features of the goods; and   
     (3) Signs that otherwise lack any distinctive character . 
     Any mark mentioned in the preceding paragraph may be registered as a 
trademark if it has acquired distinctive features through use an d is readily 
distinguishable.   
 
     Article 12  No application for registration of a three -dimensional symbol as a 
trademark may be granted, where the sign merely indicates the shape inherent in the 
nature of the goods concerned, or it is only dictated by  the need to achieve technical 
effects or the need to give the goods substantive value.  
 
     Article 13 A holder of a trademark that is well known by the relevant public may , 
if he holds that his rights have been infringed upon,  request for well -known tr ademark 
protection in accordance with this Law.  
Where the trademark of an identical or similar kind of goods is a reproduction, 
imitation, or translation of another person's well -known trademark not registered in 
China and is liable to cause public confusi on, no application for its registration may be  5 granted and its use shall be prohibited.    
     Where the trademark of a different or dissimilar kind of goods is a reproduction, 
imitation, or translation of another person's well -known trademark not registe red in 
China and it misleads the public so that the interests of the owner of the registered 
well-known trademark are likely to be impaired, no application for its registration may 
be granted and its use shall be prohibited.     
 
Article 14 A well-known tr ademark shall be recognized as a fact that needs to be 
ascertained in dealing with  a trademark -related case  upon request by the party 
concerned. The following factors shall be taken into consideration in the recognition of 
a well -known trademark:  
(1) The recognition degree  of the trademark among the relevant public;  
(2) The duration in which the trademark has been in use ;  
(3) The duration, extent and geographical scope of all publicity operations 
carried out for the trademark;  
(4) The records of protect ion of a well -known trademark  provided for the 
trademark and  
(5) Other factors making  the trademark well -known.  
Where the party concerned claims rights according  to Article 13 of this Law in a 
trademark registration review  or during the process whereby the administrati ve 
department  for industry and commerce investigates and  deals with  a case involving  
trademark  infringement , the trademark office concerned may, based on the need for 
reviewing or dealing with the case, decide whether or not to  recognize the  relevant 
trademark as a well -known one.   
Where the party concerned claims rights according  to Article 13 of this Law , 
during the handling of a trademark dispute, the trademark review and adjudication 
board may , based on the need for handling the cases, de cide whether or not to  
recognize the relevant trademark as a well -known one.   
Where the party concerned claims rights according  to Article 13 of this Law 
during the hearing of a civil or administrative case  involving a trademark , the people's 
court designa ted by the Supreme People's Court may , based on the need for trying the 
case, decide whether or not to recognize the relevant trademark as a well -known one.   
No m anufacturers and business operators may indicate the words “well -known 
trademark" upon the  goods, the packaging or the containers  of the goods , nor may they 
use the same for advertising, exhibition or other commercial activities.   
  6      Article 15 Where an agent or representative, without authorization of the client, 
seeks to register in its own na me the client's trademark and the client objects, the 
trademark shall not be registered and its use shall be prohibited.   
An application for registering a trademark for the same kind of goods,  or similar 
goods shall not be approved if  the trademark under application is identical with or 
similar to an unregistered trademark already used by another party , the applicant is 
clearly aware of  the existence of the trademark of such another party due to contractual, 
business or other relationships with the latter other than those prescribed in the 
preceding paragraph , and such another party raises objections to the trademark 
registration application  in question . 
 
     Article 16 Where a trademark bears a geographical indication of the goods when 
the place indicated  is not the origin of the goods in question, thus misleading the public, 
the trademark shall not be registered and its use shall be prohibited. However, where 
the registration is obtained in goodwill, it shall remain valid.  
     The geographical indicatio n mentioned in the preceding paragraph means the 
origin of the goods the special qualities, credibility or other characteristics of the goods 
and it is primarily determined by the natural factors or other humanistic factors of the 
place indicated.      
 
     Article 17 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 18 A party may apply for trademark registration or handle 
trademark -related matters on its own or by entrusting a trademark agency  established 
according to the law .  
A foreigner or foreign enterprise shall entrust a  trademark agency established 
according to the law for applying for trademark registration and handling other 
trademark -related matters in China.  
 
Article 19 Trademark agenc ies shall uphold the principle of good faith, comply 
with laws and administrative regulations, apply for trademark registration or deal with  
other trademark -related matters as entrusted by the principals, and keep confidential  7 the principals' trade secrets  that come to their knowledge during the agency process.  
Where a  trademark entrusted by a principal for registration application may fall 
under the circumstances prescribed by this Law under which registration is not allowed , 
the trademark agency shall ex plicitly so inform the principal.   
A trademark agency shall not accept the entrustment of a principal if it knows or 
should have known that the trademark entrusted by the principal for registration 
application falls under any of the circumstances prescribe d by Article 15 and Article 32 
of this Law.  
A trademark agency shall not apply for registration of trademarks other than the 
ones entrusted to it . 
 
Article 20 The association of  trademark agenc ies shall, pursuant to its articles of 
association, strictly e nforce the conditions for admitting members, and mete out 
sanctions against the members violati ng industry self -disciplinary standards. The 
association of trademark agenc ies shall publish in time  information on the members  
admitted  and the disciplinary san ctions against its members.  
 
Article 21 International trademark  registration shall be governed by the systems 
established by relevant international treaties concluded or acceded to by the People's 
Republic of China. The s pecific measures in this regard sha ll be formulated  by the 
State Council.  
 
 
Chapter II  
Application for Trademark Registration  
         
Article 22  A trademark registration applicant shall make an application and, 
according to the prescribed categories of goods, indicate  in the application th e types  
and the names of goods for which the trademark is to be used.  
A trademark registration applicant may apply for registration of the same 
trademark for multiple types of goods in one application.  
A trademark registration application and other relev ant documents may be 
submitted in writing or by way of data message.   
 
     Article 2 3 For obtaining the exclusive right to use a registered trademark on 
goods beyond the approved scope of use,  a new registration application shall be made .    8  
     Article 24 If a change needs to be made in the signs of a registered trademark, an 
application shall be filed anew.  
 
     Article 2 5  Where an applicant, within six months from the date he applies for 
registration of his trademark for the fist time in a foreign co untry, again applies in 
China for registration of one and the same trademark for the same kind of goods , he 
may, in accordance with any agreement concluded between the foreign country 
concerned and the People's Republic of China or any international treaty  to which both 
countries are parties, or on the basis of the priority principle mutually accepted, enjoy 
priority.    
     Where, in accordance with the preceding paragraph, an applicant claims priority, 
he shall so state in writing at the time when he fil es the application for trademark 
registration and shall, within three months, submit a copy of the original application he 
files for the first time. Failure on the part of the applicant to make the statement in 
writing or to submit a copy of the original a pplication before the expiration of the time 
limit shall be regarded as not claiming priority.    
 
     Article 2 6 The applicant for registration of a trademark that is used for the first 
time on goods displayed at an international exhibition organized or recognized by the 
Chinese Government may, within six months from the date the said goods are placed 
on exhibition, enjoy priority.    
     Where, in accordance with the preceding paragraph, an applicant claims priority, 
he shall so state in writing at the time when he files the application for trademark 
registration and shall, within three months, submit the name of the exhibition, evidence 
supporting the use of the trademark on the goods displayed, documents proving the 
date the exhibition, etc. failure to  make the statement in writing or to submit the 
documents before the expiration of the time limit shall be regarded as not claiming 
priority.   
 
     Article 2 7 Matters stated in the application for trademark registration and all 
information provided shall  be truthful, accurate and complete.  
 
      
Chapter III  
Examination and Approval of Trademark Registration   9          
     Article 2 8 The trademark office shall complete the examination of a trademark 
under registration application within nine months from th e date of receiving  the 
application documents for trademark registration, and shall issue a preliminary review  
announcement if the said application is in compliance with the relevant provisions of 
this Law.  
   
Article 29 If during the review , the trademark  office is of the opinion that the 
contents of the trademark registration application need to be explained or corrected , it 
may require the applicant to do so . The failure of the applicant to provide explanations 
or make correction shall not affect the trademark office in making a decision upon 
review . 
 
     Article 30 Where a trademark, for the registration of which an application is 
made, that does not conform to the relevant provisions of this Law or that is identical 
with or similar to the trademark alr eady registered by another person or is given 
preliminary examination and approval for use on the same kind of goods or similar 
goods, the trademark office  shall reject the application and shall not announce that 
trademark.   
 
     Article 31 Where two or more applicants apply to register identical or similar 
trademarks for use on the same kind of goods or similar goods, the trademark office  
shall first conduct examination of, give approval to and announce the trademark whose 
registration is applied for ear lier than the rest. Where the applications are filed on the 
same day, the trademark office  shall first examine, give approval to and announce the 
trademark which is used earlier that the rest, and it shall reject the applications for 
registration of the ot her trademarks and shall not announce them.      
 
Article 32  No applicant for trademark application may infringe upon another 
person's existing prior rights, nor may he, by illegitimate means, rush to register a 
trademark that is already in use by another  person and has certain influence.  
      
Article 33 If a holder of prior rights or an interested party holds that the 
trademark announced upon preliminary review is in violation of the second or third 
paragraph of Article 13, Article 15, the first paragrap h of Article 16, Article 30, Article 
31, or Article 32 of this Law, he may, within three months from the date of the  10 preliminary review  announcement, raise objections to the trademark office. Any party 
that is of the opinion that the aforesaid trademark is  in violation of Article 10, Article 
11 or Article 12 of this Law may raise objections to the trademark office with in the 
same three -month period.  If no objection is raised upon expiry of the announcement 
period, the trademark office shall approve the regi stration application, issue the 
certificate of trademark registration, and make an announcement thereon.    
 
     Article 3 4 Where a n application for  trademark is rejected and no preliminary 
review announcement is to be made, the trademark office shall so n otify the trademark 
registration applicant concerned in writing. Where the applicant disagrees to the result, 
he may, within 15 days from the date he receives the notice, apply  to the trademark 
review and adjudication board for a second review. The tradema rk review and 
adjudication board shall, within nine months upon receipt of the application , make a 
decision and notify the applicant in writing. Where it is necessary under special 
circumstance, an extension of three months may be granted upon approval by the 
administrative department for industry and commerce of the State Council. Where the 
applicant disagrees to the decision of the trademark review and adjudication board, he 
may, within 30 days from the date he receives  the notice, bring a lawsuit to a pe ople’s 
court.   
 
Article 3 5 Where objections are raised against a trademark for which a 
preliminary review  announcement has been made , the trademark office shall listen to 
the facts and grounds stated  by both the oppo nent and the opposed, and after 
investig ation and verification make a decision on whether or not to approve the 
registration of the trademark within 12 months from the expiry date of the 
announcement period  and shall notify the oppo nent and the opposed of the decision in 
writing. Where it is necessary  under special circumstances , an extension of six months 
may be granted upon approval by the administrati ve department  for industry and 
commerce of the State Council.  
Where the trademark office decides to approve a trademark  registration, it shall 
issue the certificate of trademark registration to the applicant and make an 
announcement thereon. Where the opponent is dissatisfied with the decision, he  may 
request the trademark review and adjudication board to declare the said registered 
trademark inva lid in accordance with Article 44 or Article 45 of this Law.  
Where the trademark office decides not to approve a  trademark  registration , the 
opposed  party disagreeing to the decision may apply for a second review to the  11 trademark teview and adjudication board within 15 days upon receipt of the relevant 
notice. The trademark review and adjudication board shall make a decision  after review , 
and notify both the opponent  and the opposed parties of such a decision in writing 
within 12 months from the date of th e receipt of the application for review. Where it is 
necessary under special circumstances,  an extension of  six months may be granted 
upon approval by the administra tive department  for industry and commerce of the 
State Council. If the opposed is dissatisf ied with  the decision  made  by the trademark 
review and adjudication board, he may bring a lawsuit to the people's court within 30 
days from the date he receives  the notice, in which case the people's court shall notify 
the opponent  to participate in the li tigation proceedings as a third party.  
When carrying out review in accordance with  the preceding paragraph, the 
trademark review and adjudication board may suspend the review if the prior rights 
involved can only be ascertained based on the outcomes of an other case currently 
under the hearing by a people's court or under the handling by an administrative organ. 
The trademark review and adjudication board shall resume the review procedure once 
the circumstances for suspension are eliminated.    
 
Article 3 6 Where, upon the expiry of the statutory time limit,  a party concerned 
fails to apply for review of the decision on rejection  of a registration application or 
decision on denial of registration made by the trademark office, or fails to bring a 
lawsuit to the  people's court against the decision of review made by the trademark 
review and adjudication board, the decision on rejection of a registration  application, 
the decision on denial of registration  or the decision of review shall become effective .  
Where the registration of a  trademark is approved after the objection  to its 
registration is found to be unsubstantiated upon examination, the time when the 
trademark registration applicant obtains the exclusive right to use the trademark shall 
commence from the da te of the expiry of the three -month period of the preliminary 
examination announcement. During the period from the date of the expiry of the said 
announcement period to the time when decision is made to approve the registration of 
the trademark , the tradem ark shall have no retroactive effect on the use of a n identical 
or similar mark by another party on the same kind of goods or similar goods . However, 
such other party shall be liable for compensating any losses caused, mala fide, to the 
trademark registran t. 
 
Article 3 7 Applications for trademark registration and for review shall be 
examined without delay.    12  
     Article 3 8Where an applicant for trademark registration or a registrant discovers 
an obvious error in the trademark application or registration d ocuments, he may apply 
for its correction. The trademark office  shall, in accordance with law and within the 
limits of its functions and powers, make the correction and shall notify the party of the 
matter.  
     The correction of errors mentioned in the p receding paragraph shall not involve 
substantive matters in the application or registration documents.  
  
Chapter IV  
Renewal, Alteration , Transfer and Licensing of Registered Trademarks  
 
     Article 3 9 The period of validity of a registered trademark shall  be 10 years, 
counted from the day the registration is approved.  
 
Article 40 Where a trademark registrant intends to continue using the registered 
trademark upon expiry of the validity period  of registration , the trademark registrant 
shall go through the renewal procedure within 12 months prior to the expiry date in 
accordance with relevant provisions ; where the registrant fails to do so during the said 
time limit, an extension of  six months may be granted. Each renewal of registration 
shall be valid for te n years calculating  from the date immediately following the expiry 
date of the last validity period of the trademark. If no application for renewal is filed 
upon expiry of the extension  period, the registered trademark shall be cancelled .  
The trademark office shall announce the trademarks whose registration has been 
renewed . 
 
Article 41 If a change needs to be made in the name or address of the owner of a 
registered trademark or in any other registered matter, an application for the change 
shall be filed.  
 
     Article 42 To assign a registered trademark, 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 on which the registered tradema rk is 
used.  
When transferring a registered trademark, the trademark registrant shall  transfer, 
along with it, other  similar trademark s he has registered for  the same  kind of  goods,  13 and other  identical and similar trademarks he has registered for similar g oods.  
The trademark office shall not approve the transfer of a registered trademark that is 
likely to cause confusion or result in other unfavorable effects, and shall notify the 
applicant concerned in writing and explain the reasons therefor.  
     After the assignment of a registered trademark is approved, it shall be announced. 
The assignee shall enjoy the exclusive right to the use of the trademark starting from 
the date the announcement is made.    
 
     Article 43 The owner of a registered trademark m ay, by concluding a trademark 
licensing contract, authorize another person to use his registered trademark. The 
licensor shall supervise the quality of the goods on which the licensee uses his 
registered trademark, and the licensee shall guarantee the qual ity of the goods on 
which the registered trademark is to be used.  
     If any person is authorized to use the registered trademark of another person, the 
name of the licensee an d the origin of the goods shall  be indicated on the goods that 
bear the registe red trademark.  
     A licensor who licenses others to use his registered trademark shall submit the 
trademark licensing to the trademark office for file, and the trademark office shall 
announce the trademark licensing.  Without filing, the trademark licensi ng shall not be 
used against a  bona fide third part y. 
    
Chapter V  
Declaration of the Invalidity of Registered Trademarks  
 
Article 44 A registered trademark shall be declared invalid by the trademark 
office if it is in violation of Article 10, Article 11 or Article 12 of this Law, or its 
registration is obtained by fraudulent  or other illegitimate  means. Other entities or 
individuals may request the trademark review and adjudication board to declare the 
aforesaid registered trademark invalid.  
Where t he trademark office makes a decision on declaring a registered trademark 
invalid, it  shall notify the party concerned in writing of the decision. If a party 
concerned  is dissatisfied with  the decision made by the trademark office, he may apply 
for a review with the trademark review and adjudication board within 15 days upon  the 
receipt of the notice  from the trademark office . The trademark review and adjudication 
board shall make a decision and notify the party concerned in writing within nine 
months upon the receipt of the application  for review . Where it is necessary under  14 special circumstances, an extension of three months  may be granted  upon approval by 
the administrat ive department  for industry and commerce of the State Council. If a 
party concerned is dissa tisfied  with the decision made by  the trademark review and 
adjudication board, he may bring a lawsuit to the people's court within 30 days upon 
the receipt of the notice  from the  trademark review and adjudication board.  
Where other entities or individuals  request the trademark review and 
adjudication board to declare a registered trademark invalid, the latter shall, upon 
receipt of the application, notify the party concerned in writing, and require the party 
concerned to respond  within a time limit . The trademark review and adjudication board 
shall , within  nine months upon the receipt of the application , render a ruling on either 
maintaining the  validity of the  registered trademark or declaring the registered 
trademark invalid, and notify the party concerne d in writing. Where  it is necessary 
under special circumstances,  an extension of  three months may be granted upon 
approval by the administrati ve department  for industry and commerce of the State 
Council. If the party concerned  is dissatisfied with the ruli ng made by the  trademark 
review and adjudication board, he may bring a lawsuit to the people's court within 30 
days upon the receipt of the notice, in which case the people's court shall notify the 
counterparty to the trademark ruling procedures to partici pate in the litigation 
proceedings as a third party.  
 
Article 45 Where a registered trademark is in violation of the second and third 
paragraph of Article 13, Article 15, the first paragraph  of Article 16, Article 30, Article 
31 or Article 32 of this Law,  the holder of prior rights or an interested party may , 
within five years upon the registration of the trademark , request the trademark review 
and adjudication board to declare the registered trademark invalid. Where the aforesaid 
registration is obtained mala fide, the owner of a well -known trademark is not bound 
by the five -year restriction.  
The trademark review and adjudication board shall, after receiving  an 
application for declaring the registered trademark invalid, notify the party concerned  as 
such in writing, and require the party concerned to  respond  within a time limit . The 
trademark review and adjudication board shall , within 12 months upon the receipt of 
the application , render a ruling on either maintaining the  validity of the  registered 
tradem ark or declaring the registered trademark invalid, and notify the party concerned  
as such  in writing . Where it is necessary under special circumstances, an extension of  
six months may be granted upon approval by the administrat ive department  for 
industry a nd commerce of the State Council.  If the party concerned  is dissatisfied of   15 the ruling made by  the trademark review and adjudication board, he may bring a 
lawsuit to the people's court within 30 days upon  the receipt of the notice, in which 
case the people 's court shall notify the counterparty to the trademark ruling procedures 
to participate in the litigation proceedings as a third party.  
In reviewing an application for declaring a registered trademark invalid pursuant 
to the preceding paragraph, the trademark review and adjudication board may suspend 
the review if the prior rights involved can only be ascertained based on the outcomes 
of another case currently under the hearing by a people's court or under the handling by 
an administrative organ. The trademark review and adjudication board shall resume the 
review procedure once the circumstances for suspension are eliminated.  
 
Article 46 Upon the expiry of the statutory time limit, if the party concerned fails 
to apply for review of the t rademark office’ s decision on declaring a registered 
trademark invalid, or fails to bring a lawsuit to the people's court against  the trademark  
review and adjudication board’ s review decision  or its ruling on maintaining the 
validity of a  registered trademark or declaring a  registered trademark invalid, the 
trademark office’ s decision or the trademark review and adjudication board’ s review 
decision or ruling shall become effective . 
 
Article 47 A registered trademark that is declared invalid in accordance with 
Article 44 or A rticle 45 of this Law shall be announced by the trademark office, and 
the exclusive right to use the registered trademark  thereof  shall be deemed as 
non-existent ab initio.  
The decision or ruling on declaring a registered trademark invalid shall have no 
retroactive effect on a judgment, ruling or mediation statement on a trademark 
infringement case already rendered and enforced by a people's court, a decision on 
handling a trademark infringement case  already made and enforced by an 
administrati ve departmen t for industry and commerce a s well as  a trademark transfer 
or licensing contract already performed prior to such declaration . However, the 
trademark registrant shall be liable for compensati on where  losses are caused, mala 
fide, to another part y.  
Tradema rk infringement damages, trademark transfer fees or trademark royalties 
shall be refunded fully or partially if the non -refund thereof pursuant to the preceding 
paragraph is in obvious violation of the principle of fairness.  
 
Chapter VI   16 Administrative Cont rol of the Use of Trademarks  
     
     Article 48 For the purpose of this Law, the use of trademarks shall refer to the 
use of trademarks on goods, the packaging or containers of goods and the transaction 
documents of goods, as well as  the use of trademark s for advertising, exhibition and 
other commercial activities for the purpose of identifying the sources of goods.  
 
Article 49  A trademark registrant that ，without authorization, makes alternations 
with respect to the registered trademark, the name or addre ss of the registrant or other 
registration items during the use of the registered trademark shall be ordered to make 
correction within a time limit  by the relevant local administrati ve department  for 
industry and commerce ; if it fails to make correction within the  prescribed time limit, 
the trademark office shall cancel t he registered trademark thereof .  
Where a registered trademark has become the generic name of the goods for 
which its use is approved or a registered trademark has not been put in use for t hree 
consecutive years without a justifiable reason , any entity or individual may apply to the 
trademark office for revocation  of the registered trademark, and the trademark office 
shall make a decision within nine months upon the receipt of the applicatio n. Where  it 
is necessary under special circumstances, an extension of  three months may be granted 
for making a decision upon approval by the administrati ve department  for industry and 
commerce of the State Council.  
 
     Article 50  Within one year from the  time where  a registered trademark is 
cancelled or declared invalid, or is not renewed upon the expiry of its validity period, 
the trademark office shall not approve any application for registration of a trademark 
identical with or similar to the aforesaid  trademark. .    
 
     Article 51 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 time limit and if the illegal business 
revenue is  RMB 50,000 yuan or more , a fine  of up to 20% of the illegal business 
revenue  may be imposed; if there is  no illegal business revenue or  the illegal revenue is  
less than RMB 50,000 yuan, a fine of up to RMB 10,000  yuan may  be imposed.  
 
     Article 52 Where a  party passes off an unregistered trademark as a registered 
trademark or uses an unregistered trademark in violation of Article 10 of this Law , the  17 relevant local administrati ve department  for industry and commerce  shall stop such 
acts, order the party  to make correction within a time limit , and may circulate a notice 
on the matter. If the  illegal business revenue is RMB 50,000 yuan or more, a fine of up 
to 20% of the illegal business revenue may be imposed; if there is  no illegal business 
revenue or the illegal business revenue is less than RMB 50,000 yuan, a fine of up to 
RMB 10,000 yuan may be imposed.  
 
    Article 53 Whoever violates  the fifth paragraph  of Article 14 of this Law shall be 
ordered to make correction by the relevant local administrati ve department  for industry 
and commerce, and be  imposed  with a fine of RMB 100,000  yuan . 
 
     Article 54 A party concerned who has objection to the decision made by the 
trademark office on revoking or not revoking  a register ed trademark may apply for 
review to the trademark review and adjudication board within 15 days upon receipt of 
the notification of the decision . The trademark review and adjudication board shall , 
within nine months upon the receipt of the application , make a decision and notify the 
party concerned in writing. Where it is necessary under special circumstances, an 
extension of three months  may be granted  upon approval by the administrati ve 
department  for industry and commerce under  the State Council. The par ty concerned 
who has objection to the decision made by the trademark review and adjudication 
board may bring a lawsuit to the people's court within 30 days from the date the 
notification is reviewed . 
 
Article 55 Upon expiry of the statutory time limit, if the party concerned fails to 
apply for review of the trademark office ’s decision  on revoking a registered trademark , 
or fails to bring a lawsuit to the people's court against a review decision made by the 
trademark review and adjudication board,  such a dec ision or review decision shall 
become effective. "  
The trademark office shall make an announce ment on the registered trademark 
that is revoked . The exclusive right to use the aforesaid registered trademark shall 
terminate as of  the date of announcement.    
    
Chapter VII  
Protection of the Exclusive Right to  the Use of a Registered Trademark  
      
  18      Article 5 6 The exclusive right to the use of a registered trademark shall be 
limited to trademarks which are registered upon approval and to goods the use of  a 
trademark on which is approved.   
 
     Article 5 7 Any of the following acts shall constitute an infringement on the 
exclusive rights to the use of a registered trademark:  
     (1) Using a trademark that is identical with a registered trademark on the same 
kind of goods without obtaining  licensing from  the registrant of the registered 
trademark;  
(2) Using a trademark that is similar to a registered trademark on the same kind 
of goods, or using a trademark that is identical with or similar to the regist ered 
trademark on similar goods without obtaining  licensing from  the registrant of the 
registered trademark, and is likely to cause confusion  
     (3) Selling goods that infringe on the exclusive right to the use of a registered 
trademark;  
     (4) Counte rfeiting , or making without authorization, representations of another 
person's registered trademark, or selling such representations;  
     (5) Altering a registered trademark without permission of its owner and selling 
goods bearing such an altered tradem ark on the market;  
     (6) Providing, intentionally, convenience for such acts as infringe  upon others' 
exclusive right of trademark use, to facilitat e others to commit infringement on the 
exclusive right of trademark use  
     (7) Impairing in other mann ers another person's exclusive right to the use of its 
registered trademark.  
 
Article 58 Whoever uses a registered trademark or an unregistered well -known 
trademark of another party as the trade name in its enterprise name and mislead the 
public , which co nstitutes unfair competition, shall be dealt with in accordance with the 
Anti-unfair Competition Law of the People's Republic of China.  
 
Article 59 The holder of the exclusive right to use a registered trademark shall 
have no right to prohibit others from properly using the generic name, graphics or 
models of a commodity  contained in the registered trademark , or such information as 
directly indicat es the quality, main raw materials, functions, purposes, weight, quantity 
or other features of the commodity, o r the names of the geographical locations as 
contained therein .   19 The holder of the exclusive right to use a registered trademark that is a 
three -dimensional symbol shall have no right to prohibit others from properly using 
such forms  as contained in the re gistered trademark due to  the inherent nature of a 
commodity  or the  commodity forms necessary for achieving technological effects or 
the forms that bring substantive value to the commodity as contained therein .  
Where, before a trademark registrant applies  for registration of a trademark, 
another party has used a trademark that is of certain influence and is identical with or 
similar to the registered trademark on the same kind of goods or similar goods, the 
holder of the exclusive right to use the register ed trademark shall have no right to 
prohibit the said party from continu ed use of the trademark within the original scope of 
use, however, the holder  may require the latter to add a proper mark for 
distinguishment . 
 
Article 60 A dispute that arises from an  acts infringing upon the exclusive right 
to use a registered trademark prescribed in  Article 57 of this Law shall be settled  by the 
parties concerned through consultation. Where the parties concerned are unwilling to 
engage in consultation or a consultati on has failed, the trademark registrant or an 
interested party may bring a lawsuit to the people's court, or request  the relevant 
administrati ve department  for industry and commerce to address the dispute.  
When addressing the dispute, if the administrati ve department  for industry and 
commerce is of the opinion that the infringement is established, it shall order the 
relevant party to immediately cease the infringing acts, and shall confiscate and 
destroy the infringing goods and instruments mainly used for  manufacturing the 
infringing goods and forging the registered trademark. Where the illegal business 
revenue is  RMB 50,000 yuan or more , a fine of up to five times the illegal business 
revenue may be imposed thereon; where  there is  no illegal business reve nue or the 
illegal business revenue  is less than RMB 50,000 yuan , a fine of up to RMB 250,000 
yuan may be imposed thereon. If a party has committed trademark infringement on two 
or more occasions within five years or falls under any other serious  circumsta nces, it 
shall be subject to a heavier punishment . If a party is unaware of  the infringing nature 
of such products  and is able to prove that the products are obtained by legitimate 
means and can provide information on the suppliers of the products , it shal l be ordered 
to stop selling the products by the administrative department for industry and 
commerce.   
As to a dispute over the amount of damages for infringement on the exclusive 
right to use a trademark, the parties concerned may apply to  the administrat ive  20 department  for industry and commerce that addresses the infringing dispute for 
mediation, or may bring a lawsuit to the people's court in accordance with the Civil 
Procedure Law of the People's Republic of China. Where the parties concerned fail to 
reach any agreement upon mediation by the administrati ve department  for industry and 
commerce , or fail to perform the mediation agreement  after it becomes effective , the 
parties  may bring a lawsuit to the people's court in accordance with the Civil Procedure 
Law of the People's Republic of China.  
 
     Article 61 The administrative department for industry and commerce shall have 
the power to investigate any act infringing upon the exclusive right to the use of a 
registered trademark. Where a crime is suspected  to have been committed, it shall 
promptly transfer the case to a judicial department for handling in accordance with law.  
 
     Article 62  When an administrative department for industry and commerce at or 
above the county level, on the basis of the evide nce or information, obtained for a 
suspected violation of law, conducts investigation into a suspected infringement of 
another person's exclusive right to the use of a registered trademark, it may exercise 
the following functions and powers:  
     (1) Quest ioning the parties concerned to find out the facts regarding the 
infringement of another person's exclusive right to the use of a registered trademark;  
     (2) Checking and reproducing the parties' contracts, invoices, account books, and 
other materials r elating to the infringement;  
     (3) Conducting on-the-spot inspection of the premises where the suspected party 
carries out activities infringing upon another person's exclusive right to the use of a 
registered trademark; and  
     (4) Inspecting articles  involved in the infringement; sealing or seizing the 
articles that are proven to been used for infringing upon another person's exclusive 
right to the use of a registered trademark.  
     When the administrative department for industry and commerce exercis es the 
functions and powers provided for in the preceding paragraph in accordance with law, 
the parties shall assist and cooperate with it and may not refuse to do so or stand in its 
way. 
During the investigation and handling of a trademark infringement ca se, an 
administrati ve department  for industry and commerce may suspend the investigation 
and handling of the case if disputes  arise  over the ownership of the trademark or if the 
right holders simultaneously bring a trademark infringement lawsuit to the people's  21 courts. And the  investigation and handling procedures shall be resumed or closed up 
after the circumstances for suspension are eliminated.  
 
Article 63 The amount of damages for infringemen t on the exclusive right to use  
a trademark shall be determine d based on  the actual loss suffered by the right holder as 
a result of the infringement ; if it is difficult to determine the actual loss, the amount of 
damages may be determined according to the profits gained therefrom by the infringer, 
if it is difficult  to determine both the loss of the right holder and the profits gained by  
the infring ing party, the amount of damages may be reasonably determined in 
reference to the multiples of the trademark for royalties.  Where an infringer 
maliciously infringes upon a nother party's exclusive right to use a trademark and falls 
under serious  circumstances, the amount of damages may be determined as not less 
than one time but not more than three times the amount  that is  determined according to 
the aforesaid  methods. The a mount of damages shall cover the reasonable expenses 
paid by the right holder for stopping the infring ing act .  
Where the right holder has exhausted  its efforts in discharging the  obligation of 
burden of proof, but the account books and materials related t o the infringing acts are 
mainly controlled by the infringer, the people's court may, for the purpose of 
determining the amount of damages, order the infringer to submit account books and 
materials related to the infringing acts. Where the infringer fails to provide such 
account books or materials or provides false account books or materials, the people's 
court may render a judgment on the amount of damages in reference to the claims of 
the right holder and the evidence furnished thereby.  
Where it is diffi cult to determine the actual loss suffered by the right holder as a 
result of the infringement, the profits gained by the infringer from the infringement or 
the royalties of the registered trademark concerned, the people's court shall render a 
judgment awa rding damages  in an amount not more than RMB three million yuan 
based  on the circumstances of the infringing acts  
      
Article 64 Where the holder of the exclusive right to use a registered trademark 
claims for damages , and the alleged infringer countercl aims that the right  holder has 
never used the registered trademark, the people's court may require the right holder to 
provide  evidence of its actual use of the registered trademark during the past three 
years prior to the lawsuit. The alleged infringer sh all not be liable for compensation if 
the right  holder is neither able to prove its actual use of the registered trademark during 
the past three years prior to the lawsuit, nor able to prove other losses suffered as a  22 result of the infringement.  
Where a  party is unaware that the goods he sells  infringe upon another party's 
exclusive right to use a registered trademark , and the party is able to prove that the 
goods are obtained by legitimate means and provide information on the suppliers of the 
goods, it sha ll not be liable for compensation.  
 
     Article 65 Where a trademark registrant or an interested party has evidence 
proving that another party is committing or is soon to commit  an act that infringe s 
upon the former’s exclusive right to use the registered  trademark and that such an act, 
unless promptly stopped, will cause irreparable damage to its legitimate rights and 
interests, the trademark registrant or interested party may, in accordance with the law , 
apply to the people's court for an injunction  and taking asset preservation before filing 
a lawsuit . 
 
     Article 66 In order  to stop  an infringing act, and where evidence may be 
destroyed or vanished, or may become unobtainable in the future, the relevant  
trademark registrant or interested party may, in accordance with the law , apply to the 
people's court for evidence preservation before filing a lawsuit . 
 
     Article 67 Where a person, without permission of the owner of a registered 
trademark, uses a trademark that is identical with the owner's on the same kind of 
goods, which constitutes a crime, he shall, in addition to compensating losses suffered 
by the infringed, be investigated for criminal responsibility in accordance with law.  
     Anyone who counterfeits or makes without permission the represen tations of 
another person's registered trademark or sells such representations which constitutes a 
crime, shall, in addition to compensating the losses suffered by the infringed, be 
investigated for criminal responsibility in accordance with law.  
     Anyone who knowingly sells goods bearing counterfeit registered trademarks, 
which constitutes a crime, shall, in addition to compensating the losses suffered by the 
infringed, be investigated for criminal responsibility in accordance with law.  
 
Article 68 A trademark agency that commits any of the following acts shall be 
ordered to make correction within a time limit  by the administrati ve department  for 
industry and commerce, be given a warning, and be fined not less than RMB 10,000 
yuan but not more than RMB  100,000  yuan ; the persons in charge who are directly 
responsible  and other persons directly  responsible  shall be given a warning and be  23 fined  not less than RMB 5,000 yuan but not more than RMB 50,000  yuan ; where a 
crime is constituted, criminal liabilitie s shall be investigated in accordance with the 
law:  
(1) Fabricating or  tampering with  legal document s, seals or signatures, or using 
fabricated or tempered  legal document s, seals or signatures during the handling of 
trademark -related matters;  
(2) Solicit ing trademark agency business by defaming other trademark agencies, 
or disrupting the order of the trademark agency market by other unjust  means; or  
(3) Violating the provisions of the third or fourth paragraph  of Article 19 of this 
Law.  
Where a trademar k agency commits an act prescribed in the preceding paragraph,  
the administrati ve department  for industry and commerce  shall record such matters in 
the credit files ; if the circumstances are serious, the trademark office  or the trademark 
review and adjudic ation board may concurrently decide to cease the acceptance and 
handling the trademark agency business submitted by the trademark agency, and shall 
make an announcement thereon.  
The trademark agency shall bear civil liabilities in accordance with the law i f it 
violates the principle of good faith and infringes the  legitimate rights and interests of a 
principal, and shall be given sanctions by the trade  association of the trademark 
agencies pursuant to its articles of association.  
 
     Article 6 9 Functionar ies of State organs engaged in trademark registration, 
administration, and review shall be impartial in implementing the law, honest and 
self-disciplined, and devoted to their duties, and shall provide services with civility.  
     No functionaries of State  organs working in the trademark office  and the 
trademark review and adjudication board  or engaged in trademark registration, 
administration, and review may work for trademark agencies or engage in the 
manufacture or marketing of goods.  
 
     Article 70 Administrative departments or industry and commerce shall establish 
and improve an internal supervision system to supervise and inspect the way State 
organ functionaries in charge of trademark registration, administration, and review 
implement laws and admin istrative regulations and observe discipline.  
 
     Article 71 Where a State organ functionary working in trademark registration, 
administration, and review neglects his duty, abuses his power, and engages in  24 malpractice for personal gain, violates the law  in trademark registration, administration, 
and review, accepts money or things of value from a party, or seeks illegitimate 
interests, and where the case is so serious as to constitute a crime, he shall be 
investigated for criminal responsibility in accor dance with law. Where the case does 
not constitute a crime, he shall be given sanction in accordance with law.  
  
Chapter VIII  
Supplementary Provisions  
      
     Article 72 Applicants for trademark registration and persons having other 
trademark matters h andled shall pay a fee, the specific rates of which shall be 
determined separately.  
 
     Article 73 This Law shall go into effect as of March 1, 1983. The Regulations on 
Trademark Administration promulgated by the State Council on April 10, 1963 shall be 
annulled simultaneously, and any other provisions concerning trademark 
administration that conflict with the provisions of this Law shall be nullified at the 
same time.  
     Trademarks registered before this Law goes into effect shall remain valid.