The Standing Committee of the 13th National People's Congress adopted the decision on amending the Trademark Law (with a table comparing the old and new clauses)

The Trademark Law of the People's Republic of China was amended for the third time at the Fourth Meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013.

2019 Amended at the Tenth Meeting of the Standing Committee of the Thirteenth National People's Congress on April 23, the amended clauses came into effect on November 1, 2019.

Chapter 1 General Provisions

Article 1    This Law is formulated to strengthen trademark management, protect exclusive rights to trademarks, encourage producers and operators to ensure the quality of goods and services, maintain trademark reputation, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy.

Article 2   The Trademark Office of the State Administration for Industry and Commerce under the State Council is in charge of trademark registration and management nationwide.

The State Administration for Industry and Commerce under the State Council shall establish a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3    Trademarks approved for registration by the Trademark Office are registered trademarks, including goods trademarks, service trademarks, collective trademarks, and certification trademarks; the registrant of a trademark enjoys exclusive rights to the trademark and is protected by law.

As used in this Law, "collective trademark" means a mark registered in the name of a group, association, or other organization for use by members of the organization in commercial activities to indicate the membership of the user in the organization.

As used in this Law, "certification trademark" means a mark controlled by an organization with the authority to supervise certain goods or services, used by entities or individuals other than the organization on their goods or services to certify the origin, raw materials, manufacturing methods, quality, or other specific qualities of the goods or services.

Specific matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the State Administration for Industry and Commerce under the State Council.

Article 4    Natural persons, legal persons, or other organizations that need to obtain exclusive rights to trademarks for their goods or services in production and operation activities shall apply to the Trademark Office for trademark registration.

The provisions of this Law concerning goods trademarks apply to service trademarks.

Article 4    Natural persons, legal persons, or other organizations that need to obtain exclusive rights to trademarks for their goods or services in production and operation activities shall apply to the Trademark Office for trademark registration. Malicious trademark registration applications not for the purpose of use shall be rejected.

The provisions of this Law concerning goods trademarks apply to service trademarks.

Article 5    Two or more natural persons, legal persons, or other organizations may jointly apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to the trademark.

Article 6    Goods that are required to use registered trademarks by law or administrative regulations must apply for trademark registration, and shall not be sold in the market without approval for registration.

Article 7    Applications for registration and use of trademarks shall follow the principle of good faith and credit.

Trademark users shall be responsible for the quality of the goods using their trademarks. All levels of industrial and commercial administrative departments shall, through trademark management, stop acts that deceive consumers.

Article 8    Any mark that can distinguish the goods of a natural person, legal person, or other organization from the goods of others, including words, designs, letters, numerals, three-dimensional marks, color combinations, and sounds, as well as combinations of the above elements, may be applied for registration as a trademark.

Article 9    A trademark applied for registration shall have distinctive characteristics, be easy to identify, and shall not conflict with the legitimate rights previously obtained by others.

The registrant of a trademark has the right to indicate "registered trademark" or the registration mark.

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

(1) Those identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song, or medals of the People's Republic of China, and those identical with the names, marks, names of specific locations, or marks of buildings of central state organs;

(2) Those identical with or similar to the national name, national flag, national emblem, or military flag of a foreign country, except those approved by the government of that country;

(3) Those identical with or similar to the name, flag, or emblem of an intergovernmental international organization, except those approved by the organization or those that are not likely to mislead the public;

(4) Those identical with or similar to official marks or inspection marks indicating the exercise of control or providing guarantees, except those authorized;

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

(6) Those with ethnic discrimination;

(7) Those that are deceptive and are likely to cause the public to misidentify the quality or other characteristics or origin of the goods;

(8) Those that are detrimental to socialist morals or have other adverse effects.

Place names of county-level or above administrative divisions or well-known foreign place names shall not be used as trademarks. However, this shall not apply if the place name has other meanings or is part of a collective trademark or certification trademark; trademarks already registered that use place names shall remain valid.

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

(1) Those consisting only of the generic name, design, or model of the goods;

(2) Those directly indicating only the quality, main raw materials, function, use, weight, quantity, and other characteristics of the goods;

(3) Others lacking distinctive characteristics.

Marks listed in the preceding paragraph that have acquired distinctive characteristics through use and are easy to identify may be registered as trademarks.

Article 12    For applications for trademark registration using three-dimensional marks, shapes resulting solely from the nature of the goods, shapes necessary to obtain a technical effect, or shapes giving substantial value to the goods shall not be registered.

Article 13    For well-known trademarks known to the relevant public, the holder may request protection of the well-known trademark in accordance with the provisions of this Law if they believe their rights have been infringed.

Trademarks applied for registration for identical or similar goods that are copies, imitations, or translations of well-known trademarks of others not registered in China, and are likely to cause confusion, shall not be registered and their use shall be prohibited.

Trademarks applied for registration for dissimilar or unrelated goods that are copies, imitations, or translations of well-known trademarks already registered in China, which mislead the public and may harm the interests of the registrant of the well-known trademark, shall not be registered and their use shall be prohibited.

Article 14    Well-known trademarks shall be determined as a fact to be determined in handling cases involving trademarks, according to the request of the parties. The following factors shall be considered when determining a well-known trademark:

(1) The degree of public awareness of the trademark;

(2) The duration of use of the trademark;

(3) The duration, extent, and geographical scope of any publicity work for the trademark;

(4) Records of the trademark being protected as a well-known trademark;

(5) Other factors contributing to the fame of the trademark.

In the process of trademark registration examination and investigation of trademark violations by the Administration for Industry and Commerce, if a party asserts rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark as needed for the examination and handling of the case.

In the process of trademark dispute resolution, if a party asserts rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark as needed for handling the case.

In the process of handling civil and administrative trademark cases, if a party asserts rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark as needed for handling the case.

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

Article 15    If an agent or representative registers the trademark of the principal or represented party in their own name without authorization, and the principal or represented party objects, the registration shall not be granted and use shall be prohibited.

If a trademark applied for registration for the same or similar goods is identical or similar to an unregistered trademark used earlier by another party, and the applicant has a contractual, business, or other relationship with that other party other than that stipulated in the preceding paragraph, and is aware of the existence of that other party's trademark, and that other party objects, the registration shall not be granted.

Article 16    If a trademark contains a geographical indication of goods, but the goods do not originate from the area indicated by the indication, and this misleads the public, registration shall not be granted and use shall be prohibited; however, those already registered in good faith shall remain valid.

The geographical indication referred to in the preceding paragraph is an indication that indicates that a certain good originates from a certain area, and the specific quality, reputation, or other characteristics of the good are mainly determined by the natural or human factors of that area.

Article 17    Foreigners or foreign enterprises applying for trademark registration in China shall do so in accordance with the agreements signed between their respective countries and the People's Republic of China or the international treaties to which they are both parties, or in accordance with the principle of reciprocity.

Article 18    Applications for trademark registration or other trademark matters may be handled by oneself or entrusted to a legally established trademark agency.

Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a legally established trademark agency to handle them.

Article 19    Trademark agencies shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters in accordance with the instructions of the principal; they have a confidentiality obligation regarding the commercial secrets of the principal learned during the agency process.

If the trademark applied for registration by the principal may fall under the circumstances stipulated in this Law that are not allowed to be registered, the trademark agency shall clearly inform the principal.

If a trademark agency knows or should know that the trademark applied for registration by the principal falls under the circumstances stipulated in Articles 15 and 32 of this Law, it shall not accept the entrustment.

Trademark agencies shall not apply for registration of other trademarks except for those for which they are applying for registration of agency services.

Article 19    Trademark agencies shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters in accordance with the instructions of the principal; they have a confidentiality obligation regarding the commercial secrets of the principal learned during the agency process.

If the trademark applied for registration by the principal may fall under the circumstances stipulated in this Law that are not allowed to be registered, the trademark agency shall clearly inform the principal.

Trademark agencies that know or should know that the trademark applied for registration by the principal falls under the circumstances stipulated in Articles Article 4 15 and 32 of this Law shall not accept the entrustment.

Trademark agencies shall not apply for registration of other trademarks except for those for which they are applying for registration of agency services.

Article 20    Trademark agency industry organizations shall, in accordance with their articles of association, strictly implement the conditions for accepting members and impose sanctions on members who violate industry self-discipline regulations. Trademark agency industry organizations shall promptly publicize to the public the members they have accepted and the sanctions imposed on members.

Article 21    International trademark registration shall follow the system established by the relevant international treaties concluded or acceded to by the People's Republic of China, and the specific methods shall be stipulated by the State Council.

Chapter 2 Application for Trademark Registration

Article 22    Applicants for trademark registration shall submit an application for registration by filling in the product categories and product names using the trademark according to the prescribed product classification table.

Applicants for trademark registration may apply for registration of the same trademark for goods in multiple categories through one application.

Trademark registration applications and other relevant documents may be submitted in writing or by data message.

Article 23   If a registered trademark needs to obtain exclusive rights to a trademark on goods outside the scope of its approved use, a separate application for registration shall be submitted.

Article 24    If a registered trademark needs to change its mark, a new application for registration shall be submitted.

Article 25    If an applicant for trademark registration files an application for trademark registration in China for the same goods with the same trademark within six months from the date on which the trademark was first filed for registration in a foreign country, they may enjoy priority rights in accordance with the agreements signed between that foreign country and China or the international treaties to which they are both parties, or in accordance with the principle of mutual recognition of priority.

Those claiming priority as required in the preceding paragraph shall submit a written statement when filing the trademark registration application and submit a copy of the first filed trademark registration application document within three months; failure to submit a written statement or to submit the copy of the trademark registration application document within the time limit shall be deemed as not claiming priority.

Article Twenty-Six    For goods first used in exhibitions held or recognized by the Chinese government, the applicant for trademark registration may enjoy priority within six months from the date of the exhibition.

Those claiming priority as required in the preceding paragraph shall submit a written statement when filing the trademark registration application and submit supporting documents such as the name of the exhibition where the goods were exhibited, evidence of the use of the trademark on the exhibited goods, and the exhibition date within three months; failure to submit a written statement or to submit the supporting documents within the time limit shall be deemed as not claiming priority.

Article Twenty-Seven    The matters declared and the materials provided for applying for trademark registration shall be true, accurate, and complete.

Chapter 3 Examination and Approval of Trademark Registration

Article Twenty-Eight    The Trademark Office shall complete the examination of the trademark application within nine months from the date of receipt of the trademark registration application documents; if it complies with the relevant provisions of this Law, it shall be preliminarily approved and announced.

Article Twenty-Nine    During the examination process, if the Trademark Office deems that the content of the trademark registration application needs to be explained or amended, it may request the applicant to provide an explanation or make amendments. Failure of the applicant to provide an explanation or make amendments shall not affect the Trademark Office's examination decision.

Article Thirty   Trademark applications that do not comply with the relevant provisions of this Law or are identical or similar to trademarks already registered or preliminarily approved by others for the same or similar goods shall be rejected by the Trademark Office and not announced.

Article Thirty-One    If two or more trademark applicants apply for registration of identical or similar trademarks for the same or similar goods, the trademark applied for earlier shall be preliminarily approved and announced; if the applications are filed on the same day, the trademark used earlier shall be preliminarily approved and announced, and the applications of others shall be rejected and not announced.

Article Thirty-Two    Application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it use improper means to preemptively register trademarks that have been used by others and have a certain influence.

Article Thirty-Three    Within three months from the date of announcement of the preliminarily approved trademarks, prior right holders, interested parties who believe that the provisions of Article 13, Paragraphs 2 and 3, Article 15, Article 16, Paragraph 1, Article 30, Article 31, and Article 32 of this Law have been violated, or anyone who believes that the provisions of Articles 10, 11, and 12 of this Law have been violated, may file an opposition with the Trademark Office. If no opposition is filed within the announcement period, the trademark shall be approved for registration, a trademark registration certificate shall be issued, and it shall be announced.

Article Thirty-Three    Within three months from the date of announcement of the preliminarily approved trademarks, prior right holders, interested parties who believe that the provisions of Article 13, Paragraphs 2 and 3, Article 15, Article 16, Paragraph 1, Article 30, Article 31, and Article 32 of this Law have been violated, or anyone who believes that the provisions of Article 4 Articles 10, 11, and 12, Article Nineteen, Paragraph 4 of this Law have been violated, may file an opposition with the Trademark Office. If no opposition is filed within the announcement period, the trademark shall be approved for registration, a trademark registration certificate shall be issued, and it shall be announced.

Article Thirty-Four    The Trademark Office shall notify the trademark applicant in writing of the rejection of the application or non-announcement of the trademark. If the trademark applicant is dissatisfied, it may apply for review to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. In special circumstances requiring an extension, it may be extended by three months with the approval of the State Administration for Industry and Commerce. If the parties are dissatisfied with the decision of the Trademark Review and Adjudication Board, they may file a lawsuit with the people's court within thirty days from the date of receipt of the notice.

Article Thirty-Five    If an opposition is filed against a preliminarily approved and announced trademark, the Trademark Office shall hear the statements of facts and reasons from the opposer and the opposed party, and after investigation and verification, shall make a decision on whether to grant registration within twelve months from the date of expiration of the announcement period, and notify the opposer and the opposed party in writing. In special circumstances requiring an extension, it may be extended by six months with the approval of the State Administration for Industry and Commerce.

If the Trademark Office decides to grant registration, it shall issue a trademark registration certificate and announce it. If the opposer is dissatisfied, it may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office decides not to grant registration, the opposed party may apply for review to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application and notify the opposer and the opposed party in writing. In special circumstances requiring an extension, it may be extended by six months with the approval of the State Administration for Industry and Commerce. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposer to participate in the lawsuit as a third party.

If, in the review process under the preceding paragraph, the determination of prior rights involved must be based on the outcome of another case currently being heard by the people's court or being handled by an administrative organ, the review may be suspended. After the reason for suspension is eliminated, the review procedure shall be resumed.

Article Thirty-Six    If, upon expiration of the statutory time limit, the parties do not apply for review of the Trademark Office's decision to reject the application or refuse registration, or do not file a lawsuit with the people's court against the review decision of the Trademark Review and Adjudication Board, the decision to reject the application, the decision to refuse registration, or the review decision shall take effect.

For trademarks that are approved for registration after the opposition is found to be invalid, the trademark applicant shall obtain the exclusive right to use the trademark from the date of expiration of the three-month period of the preliminary approval announcement. From the date of expiration of the announcement period of the trademark to the date of the decision to grant registration, it shall not have retroactive effect on the use of identical or similar marks by others on the same or similar goods; however, compensation shall be given for losses caused to the trademark registrant due to the malicious acts of such user.

Article Thirty-Seven    Trademark registration applications and trademark review applications shall be examined promptly.

Article Thirty-Eight   If the trademark applicant or registrant discovers obvious errors in the trademark application or registration documents, they may apply for correction. The Trademark Office shall make corrections within its jurisdiction in accordance with the law and notify the parties concerned.

The corrections mentioned in the preceding paragraph do not involve the substantive content of the trademark application or registration documents.

Chapter Four Renewal, Change, Transfer, and Licensing of Registered Trademarks

Article 39   The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40    If the registered trademark needs to be used continuously after the expiration of its validity period, the trademark registrant shall handle the renewal procedures according to the regulations within twelve months before the expiration; if it fails to do so within this period, a six-month grace period may be granted. Each renewal registration is valid for ten years, calculated from the date of expiration of the previous validity period. If the renewal procedures are not completed upon expiration, the registered trademark shall be cancelled.

The Trademark Office shall announce the renewed registered trademark.

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

Article 42    For the transfer of a registered trademark, the assignor and the assignee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

For the transfer of a registered trademark, the trademark registrant shall transfer together its similar trademarks registered for the same goods, or identical or similar trademarks registered for similar goods.

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

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

Article 43    The trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods using its registered trademark by the licensee. The licensee shall guarantee the quality of the goods using the registered trademark.

When using another person's registered trademark under license, the licensee's name and place of origin of the goods must be indicated on the goods using the registered trademark.

When licensing others to use its registered trademark, the licensor shall file the trademark license with the Trademark Office for record, which shall be announced by the Trademark Office. Unrecorded trademark licenses shall not be effective against bona fide third parties.

Chapter Five Invalidation of Registered Trademarks

Article 44    Registered trademarks that violate the provisions of Articles 10, 11, and 12 of this Law, or that were obtained through fraudulent means or other improper means, shall be declared invalid by the Trademark Office; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

The Trademark Office's decision to declare a registered trademark invalid shall be notified to the parties concerned in writing. If the parties are dissatisfied with the decision of the Trademark Office, they may apply for review to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended by three months with the approval of the State Administration for Industry and Commerce of the State Council. If the parties are dissatisfied with the decision of the Trademark Review and Adjudication Board, they may bring a lawsuit to the people's court within thirty days from the date of receipt of the notice.

If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties concerned in writing upon receipt of the application and set a time limit for submitting a defense. The Trademark Review and Adjudication Board shall make a ruling to uphold the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended by three months with the approval of the State Administration for Industry and Commerce of the State Council. If the parties are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may bring a lawsuit to the people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposing party in the trademark ruling procedure to participate in the lawsuit as a third party.

Article 44    Registered trademarks that violate this Law Article 4 Articles 10, 11, and 12, Article Nineteen, Paragraph 4 or that were obtained through fraudulent means or other improper means, shall be declared invalid by the Trademark Office; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

The Trademark Office's decision to declare a registered trademark invalid shall be notified to the parties concerned in writing. If the parties are dissatisfied with the decision of the Trademark Office, they may apply for review to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended by three months with the approval of the State Administration for Industry and Commerce of the State Council. If the parties are dissatisfied with the decision of the Trademark Review and Adjudication Board, they may bring a lawsuit to the people's court within thirty days from the date of receipt of the notice.

If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties concerned in writing upon receipt of the application and set a time limit for submitting a defense. The Trademark Review and Adjudication Board shall make a ruling to uphold the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended by three months with the approval of the State Administration for Industry and Commerce of the State Council. If the parties are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may bring a lawsuit to the people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposing party in the trademark ruling procedure to participate in the lawsuit as a third party.

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

After receiving an application for declaring a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties concerned in writing and set a time limit for submitting a defense. The Trademark Review and Adjudication Board shall make a ruling to uphold the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended by six months with the approval of the State Administration for Industry and Commerce of the State Council. If the parties are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they may bring a lawsuit to the people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposing party in the trademark ruling procedure to participate in the lawsuit as a third party.

In the process of reviewing the request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior right involved must be based on the result of another case currently being heard by the people's court or being handled by an administrative organ, the review may be suspended. After the reason for suspension is eliminated, the review procedure shall be resumed.

Article 46    If, upon expiration of the statutory time limit, the parties do not apply for review of the Trademark Office's decision to declare a registered trademark invalid, or do not bring a lawsuit to the people's court against the review decision or ruling of the Trademark Review and Adjudication Board to uphold or declare a registered trademark invalid, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

Article 47   Registered trademarks declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have never existed.

The decision or ruling declaring a registered trademark invalid shall not have retroactive effect on judgments, rulings, mediation documents of trademark infringement cases made and executed by the people's court before the invalidation, processing decisions of trademark infringement cases made and executed by the industrial and commercial administrative department, and trademark transfer or use license contracts that have been performed. However, compensation shall be given for losses caused to others by the malicious acts of the trademark registrant.

In accordance with the provisions of the preceding paragraph, if the non-return of trademark infringement compensation, trademark transfer fees, and trademark usage fees clearly violates the principle of fairness, it shall be returned in whole or in part.

Chapter Six Management of Trademark Use

Article 48    As used in this Law, the use of a trademark refers to the act of using a trademark on goods, packaging or containers of goods, and commercial documents of goods, or using it in advertising, exhibitions, and other commercial activities to identify the source of goods.

Article 49    If a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name of the registrant, the address, or other registered matters on its own initiative, the local industrial and commercial administrative department shall order it to make corrections within a time limit; if it fails to make corrections after the time limit expires, the Trademark Office shall revoke its registered trademark.

If a registered trademark becomes the generic name of the goods for which it is registered for use or has not been used for three consecutive years without justifiable reason, any unit or individual may apply to the Trademark Office for revocation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. In special circumstances requiring an extension, it may be extended for three months with the approval of the State Administration for Industry and Commerce.

Article 50    If a registered trademark is revoked, declared invalid, or its term expires without renewal, the Trademark Office shall not approve applications for registration of trademarks that are identical or similar to the trademark within one year from the date of revocation, invalidation, or cancellation.

Article 51    For violations of the provisions of Article 6 of this Law, the local industrial and commercial administrative department shall order the application for registration to be made within a time limit; for illegal business operations exceeding 50,000 yuan, a fine of no more than 20% of the illegal business turnover may be imposed; for illegal business operations of less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

Article 52    For the use of unregistered trademarks as registered trademarks, or for the use of unregistered trademarks in violation of the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall prohibit such use, order corrections within a time limit, and may issue a notice; for illegal business operations exceeding 50,000 yuan, a fine of no more than 20% of the illegal business turnover may be imposed; for illegal business operations of less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

Article 53   For violations of the provisions of paragraph 5 of Article 14 of this Law, the local industrial and commercial administrative department shall order corrections and impose a fine of 100,000 yuan.

Article 54    If a party is dissatisfied with the decision of the Trademark Office to revoke or not revoke a registered trademark, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. In special circumstances requiring an extension, it may be extended for three months with the approval of the State Administration for Industry and Commerce. If a party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may bring a lawsuit to the people's court within 30 days from the date of receipt of the notice.

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

The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall terminate from the date of the announcement.

Chapter Seven Protection of Exclusive Rights to Registered Trademarks

Article 56   The exclusive right to a registered trademark is limited to the approved registered trademark and the goods for which it is registered for use.

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

(1) Using a trademark identical to the registered trademark on the same type of goods without the permission of the trademark registrant;

(2) Using a trademark similar to the registered trademark on the same type of goods without the permission of the trademark registrant, or using a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe on the exclusive right to a registered trademark;

(4) Forging, unauthorized manufacturing of others' registered trademark signs, or selling forged or unauthorized registered trademark signs;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally providing convenient conditions for the infringement of others' exclusive rights to trademarks, assisting others in infringing on the exclusive rights to trademarks;

(7) Causing other damages to the exclusive right to others' registered trademarks.

Article 58    Using another person's registered trademark or unregistered well-known trademark as the name of an enterprise, misleading the public, and constituting unfair competition, shall be handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China.

Article 59    The registrant of a registered trademark shall not be entitled to prohibit others from using the generic name, graphic, model number of the goods contained in the registered trademark, or the quality, main raw materials, function, use, weight, quantity and other characteristics of the goods, or the place name contained in the registered trademark, for legitimate use.

For three-dimensional mark registered trademarks, the registrant shall not be entitled to prohibit others from legitimately using the shape resulting from the nature of the goods themselves, the shape of the goods required for technical effects, or the shape that gives the goods substantial value.

If, before the trademark registrant applies for trademark registration, another person has used a trademark identical or similar to the registered trademark on the same or similar goods and has a certain influence, the registrant of the registered trademark shall not be entitled to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to add an appropriate distinguishing mark.

Article 60    In case of disputes arising from any of the acts infringing the exclusive right to a registered trademark listed in Article 57 of this Law, the parties shall settle the dispute through consultation; if they are unwilling to consult or fail to reach an agreement through consultation, the trademark registrant or interested party may sue in the people's court or request the administration for industry and commerce to handle the matter.

When the administration for industry and commerce handles the matter and determines that the infringement has occurred, it shall order the immediate cessation of the infringing act, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods and forge the registered trademark signs. If the amount of illegal operation exceeds 50,000 yuan, a fine of no more than five times the amount of illegal operation may be imposed; if there is no amount of illegal operation or the amount of illegal operation is less than 50,000 yuan, a fine of no more than 250,000 yuan may be imposed. For those who have committed trademark infringement twice or more within five years or have other serious circumstances, heavier penalties shall be imposed. For the sale of goods that are not known to infringe the exclusive right to a registered trademark, if it can be proved that the goods were legally obtained and the provider is specified, the administration for industry and commerce shall order the cessation of sales.

For disputes over the amount of compensation for trademark infringement, the parties may request mediation by the administration for industry and commerce handling the matter, or they may sue in the people's court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement through mediation by the administration for industry and commerce, or fail to perform the mediation agreement after it becomes effective, the parties may sue in the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61 　The administration for industry and commerce has the right to investigate and deal with acts of infringement of the exclusive right to a registered trademark in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial organs for handling in accordance with the law.

Article 62 　When the administration for industry and commerce at or above the county level investigates and deals with acts suspected of infringing the exclusive right to another's registered trademark based on the evidence of suspected violations or reports it has obtained, it may exercise the following powers:

(1) Questioning the relevant parties and investigating the circumstances related to the infringement of the exclusive right to another's registered trademark;

(2) Reviewing and copying contracts, invoices, account books and other relevant materials of the parties related to the infringing activities;

(3) Conducting on-site inspections of the places where the parties are suspected of engaging in activities infringing the exclusive right to another's registered trademark;

(4) Inspecting items related to the infringing activities; items that are proved to infringe the exclusive right to another's registered trademark may be sealed up or seized.

When the administration for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse or obstruct.

In the process of investigating and dealing with trademark infringement cases, if there is a dispute over the ownership of the trademark or the right holder simultaneously files a trademark infringement lawsuit with the people's court, the administration for industry and commerce may suspend the investigation and handling of the case. After the reason for suspension is eliminated, the procedure for investigating and handling the case shall be resumed or concluded.

Article 63    The amount of compensation for trademark infringement shall be determined in accordance with the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined in accordance with the profits obtained by the infringer due to the infringement; if the losses of the right holder or the profits obtained by the infringer are difficult to determine, it shall be reasonably determined by reference to the multiple of the trademark licensing fee. For malicious infringement of the exclusive right to a registered trademark with serious circumstances, the amount of compensation may be determined at one to three times the amount determined by the above methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringing act.

In order to determine the amount of compensation, if the right holder has made every effort to provide evidence, but the account books and materials related to the infringing act are mainly held by the infringer, the people's court may order the infringer to provide the account books and materials related to the infringing act; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation based on the claims and evidence provided by the right holder.

If the actual losses suffered by the right holder due to the infringement, the profits obtained by the infringer due to the infringement, and the licensing fee of the registered trademark are difficult to determine, the people's court shall determine the compensation of no more than 3 million yuan according to the circumstances of the infringing act.

Article 63    The amount of compensation for trademark infringement shall be determined in accordance with the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined in accordance with the profits obtained by the infringer due to the infringement; if the losses of the right holder or the profits obtained by the infringer are difficult to determine, it shall be reasonably determined by reference to the multiple of the trademark licensing fee. For malicious infringement of the exclusive right to a registered trademark with serious circumstances, the amount of compensation may be determined at one to five times the amount determined by the above methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringing act.

In order to determine the amount of compensation, if the right holder has made every effort to provide evidence, but the account books and materials related to the infringing act are mainly held by the infringer, the people's court may order the infringer to provide the account books and materials related to the infringing act; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation based on the claims and evidence provided by the right holder.

If the actual losses suffered by the right holder due to the infringement, the profits obtained by the infringer due to the infringement, and the licensing fee of the registered trademark are difficult to determine, the people's court shall determine the compensation of no more than 5 million yuan .

When hearing trademark dispute cases, the people's court shall, at the request of the right holder, order the destruction of goods that are counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or, in special circumstances, the entry of the aforementioned materials and tools into commercial channels shall be prohibited without compensation.

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

Article 64    If the registered trademark right holder requests compensation and the accused infringer raises a defense that the registered trademark right holder has not used the registered trademark, the people's court may require the registered trademark right holder to provide evidence of the actual use of the registered trademark in the previous three years. If the registered trademark right holder cannot prove that the registered trademark has been actually used in the previous three years, nor can it prove that it has suffered other losses due to the infringing act, the accused infringer shall not bear the liability for compensation.

The sale of goods that are not known to infringe the exclusive right to a registered trademark, and which can be proved to have been legally obtained and the provider specified, shall not bear the liability for compensation.

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

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

Article 67    Using a trademark identical to a registered trademark on the same goods without the permission of the trademark registrant constitutes a crime; in addition to compensating the victim's losses, criminal liability shall be pursued according to law.

Forging, unauthorized manufacturing of others' registered trademark signs, or selling forged or unauthorized registered trademark signs constitutes a crime; in addition to compensating the victim's losses, criminal liability shall be pursued according to law.

Selling goods known to bear counterfeit registered trademarks constitutes a crime; in addition to compensating the victim's losses, criminal liability shall be pursued according to law.

Article 68    If a trademark agency engages in any of the following acts, the Administration for Industry and Commerce shall order it to make corrections within a time limit, give a warning, and impose a fine of more than 10,000 yuan but less than 100,000 yuan; the person directly in charge and other persons directly responsible shall be given a warning and a fine of more than 5,000 yuan but less than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued according to law:

(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;

(2) Soliciting trademark agency business by means of denigrating other trademark agencies or disrupting the trademark agency market order by other improper means;

(3) Violating the provisions of Article 19, Paragraphs 3 and 4 of this Law.

If a trademark agency engages in the acts stipulated in the preceding paragraph, the Administration for Industry and Commerce shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may also decide to stop accepting its trademark agency business and announce it.

If a trademark agency violates the principle of good faith and credit and infringes upon the legitimate interests of the client, it shall bear civil liability according to law, and the trademark agency organization shall impose sanctions according to the provisions of its articles of association.

Article 68    If a trademark agency engages in any of the following acts, the Administration for Industry and Commerce shall order it to make corrections within a time limit, give a warning, and impose a fine of more than 10,000 yuan but less than 100,000 yuan; the person directly in charge and other persons directly responsible shall be given a warning and a fine of more than 5,000 yuan but less than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued according to law:

(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;

(2) Soliciting trademark agency business by means of denigrating other trademark agencies or disrupting the trademark agency market order by other improper means;

(3) Violation of this Law Article 4 , Article 19, Paragraphs 3 and 4;

(Correction: This should be Paragraph 4) For malicious applications for trademark registration, administrative penalties such as warnings and fines shall be imposed according to the circumstances; For malicious initiation of trademark lawsuits, the people's court shall impose penalties according to law.

If a trademark agency engages in the acts stipulated in the preceding paragraph, the Administration for Industry and Commerce shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may also decide to stop accepting its trademark agency business and announce it.

Article 69   National organ staff engaged in trademark registration, management, and review must uphold the law impartially, maintain integrity and self-discipline, be loyal to their duties, and provide civilized services.

The Trademark Office, the Trademark Review and Adjudication Board, and national organ staff engaged in trademark registration, management, and review shall not engage in trademark agency business or commodity production and operation activities.

Article 70    The Administration for Industry and Commerce shall establish and improve internal supervision systems to supervise and inspect the enforcement of laws, administrative regulations, and discipline by national organ staff responsible for trademark registration, management, and review.

Article 71   National organ staff engaged in trademark registration, management, and review who neglect their duties, abuse their power, or engage in malfeasance, illegally handle trademark registration, management, and review matters, accept money or property from parties, and seek improper benefits, shall be investigated for criminal liability according to law if they constitute a crime; if they do not constitute a crime, they shall be given according to law disciplinary action 。

Chapter 8 Supplementary Provisions

Article 72    Fees shall be paid for applying for trademark registration and handling other trademark matters; the specific fee standards shall be determined separately.

Article 73   This Law shall come into effect from 1983 year  3 month 1 day. 1963 year 4 month 10 The "Trademark Management Regulations" promulgated by the State Council on that day shall be repealed simultaneously; other relevant regulations on trademark management that conflict with this Law shall also become invalid.

Trademarks already registered before the implementation of this Law shall remain valid.