Catalog
Chapter I General Provisions
Chapter II Application for trademark registration
Chapter III Examination and approval of trademark registration
Chapter IV Renewal, alteration, assignment and license of use of registered trademarks
Chapter V invalidation of registered trademarks
Chapter VI Administration of trademark use
Chapter VII Protection of the exclusive right to use a registered trademark
Chapter 8 supplementary provisions
Chapter I General Provisions
Article 1 this law is formulated for the purpose of strengthening the administration of trademarks, protecting the exclusive right to use trademarks, encouraging producers and operators to guarantee the quality of goods and services, safeguarding the reputation of trademarks, protecting the interests of consumers, producers and operators, and promoting the development of socialist market economy.
Article 2 the Trademark Office of the administrative department for Industry and commerce under the State Council shall be in charge of the registration and administration of trademarks throughout the country.
The administrative department for Industry and commerce under the State Council shall establish a trademark review and Adjudication Board to handle trademark disputes.
Article 3 a trademark approved and registered by the Trademark Office shall be a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark. The trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law.
The term "collective trademark" as used in this Law refers to a mark registered in the name of a group, association or other organization for use by its members in commercial activities to indicate the user's membership in the organization.
The term "certification trademark" as used in this Law refers to a mark controlled by an organization with the ability to supervise a certain commodity or service and used by units or individuals other than the organization to prove the origin, raw materials, manufacturing method, quality or other specific quality of the commodity or service.
Special matters concerning the registration and administration of collective trademarks and certification trademarks shall be prescribed by the administrative department for Industry and commerce under the State Council.
Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for his goods or services in production or business activities, he shall apply to the Trademark Office for trademark registration. A malicious trademark registration application not for the purpose of use shall be rejected.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
Article 5 more than two 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 use the trademark.
Article 6 goods that must use registered trademarks as stipulated by laws and administrative regulations must apply for trademark registration. Those commodities that have not been approved for registration shall not be sold in the market.
Article 7 the principle of honesty and credit shall be followed in applying for registration and use of trademarks.
The user of a trademark shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for Industry and commerce at all levels shall, through trademark management, stop the acts of cheating consumers.
Article 8 any mark that can distinguish the commodities of natural persons, legal persons or other organizations from other people's commodities, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements may be applied for registration as trademarks.
Article 9 the trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights acquired by others in advance.
The trademark registrant has the right to mark "registered trademark" or registration mark.
Article 10 the following marks shall not be used as trademarks:
（1） The same or similar to the name of the state, the national flag, the national emblem, the national anthem, the military flag, the military emblem, the Military Anthem, the medal, etc. of the people's Republic of China, and the same as the name, mark, name of the specific location of the central state organ or the name and figure of the landmark building;
（2） The same or similar to the name, national flag, national emblem, military flag of a foreign country, except with the consent of the government of that country;
（3） The same or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except that it is approved by the organization or is not easy to mislead the public;
（4） The same or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
（5） The name or mark of the Red Cross or Red Crescent is the same or similar;
（6） Having ethnic discrimination;
（7） It is deceptive and easy to make the public mistakenly recognize the quality of commodities or the origin of the goods;
（8） Harmful to the socialist moral customs or has other adverse effects.
The place names of administrative divisions at or above the county level or foreign names known to the public shall not be used as trademarks. However, the place name has other meanings or is an integral part of a collective trademark or certification trademark; the trademark that has already been registered for the use of the place name shall continue to be valid.
Article 11 the following marks shall not be registered as trademarks:
（1） Only the general name, figure and model of the commodity;
（2） Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;
（3） Others lacking significant characteristics.
If the marks listed in the preceding paragraph have obtained remarkable features after use and are easy to identify, they may be registered as trademarks.
Article 12 Where a trademark is applied for registration with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity required for the purpose of obtaining technical effects or the shape of the commodity with substantial value shall not be registered.
Article 13 Where a trademark is well known to the public, the holder may, in the event that he considers his rights infringed, request the protection of a well-known trademark in accordance with the provisions of this law.
Where a trademark applied for registration for the same or similar commodity is a well-known trademark that is not registered in China by another person, which is copied, copied or translated, which is likely to cause confusion, it shall not be registered and prohibited from use.
Where a trademark applied for registration for a different or different commodity is to copy, copy or translate a well-known trademark already registered in China by others, mislead the public and cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and prohibited from use.
Article 14 a well-known trademark shall be recognized as a matter of fact that it is necessary to determine in dealing with trademark cases at the request of the parties. The following factors shall be taken into account in the identification of well-known trademarks:
（1） The public awareness of the trademark;
（2） The duration of the use of the trademark;
（3） The duration, extent and geographical scope of any publicity work on the trademark;
（4） The trademark is a well-known trademark protected record;
（5） Other factors that make the trademark famous.
In the course of trademark registration examination and investigation and handling of trademark violations by the administrative department for Industry and commerce, if the parties claim rights in accordance with Article 13 of this law, the Trademark Office may, in accordance with the needs of examination and handling cases, determine the well-known situation of the trademark.
In the course of trademark dispute handling, if the parties claim rights in accordance with Article 13 of this law, the Trademark Review and Adjudication Committee may, in accordance with the needs of handling cases, determine the well-known situation of the trademark.
In the process of trial of Trademark Civil and administrative cases, if the parties claim rights in accordance with Article 13 of this law, the people's court designated by the Supreme People's court may, in accordance with the needs of the trial, determine the well-known situation of trademarks.
The production or business operators shall not use the words "well-known trademarks" on the packaging or containers of commodities, or in advertising, exhibition and other commercial activities.
Article 15 without authorization, the agent or representative shall register the trademark of the agent or the representative in his own name. If the agent or the representative raises any objection, it shall not be registered and prohibited from using it.
Where a trademark applied for registration of the same commodity or similar commodity is the same or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with that other person other than the one mentioned in the preceding paragraph, and he knows that the trademark of that other person exists, and that other person raises an objection, he shall not register it.
Article 16 If a trademark contains a geographical indication of a commodity, which is not from the area marked by the mark, if it misleads the public, it shall not be registered and prohibited from use; however, the registration has been obtained in good faith shall continue to be valid.
The term "geographical indication" as mentioned in the preceding paragraph refers to a mark indicating that a commodity originates from a region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region.
Article 17 Where a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreements signed between the country to which it belongs and the people's Republic of China or the international treaties to which they are jointly involved, or in accordance with the principle of reciprocity.
Article 18. The application for trademark registration or other trademark matters may be handled by itself or by a trademark agency established according to law.
Where a foreigner or foreign enterprise applies for trademark registration and other trademark matters in China, it shall entrust a trademark agency established in accordance with the law to handle the matter.
Article 19 trademark agency shall abide by the principle of honesty and credit, abide by laws and administrative regulations, handle trademark registration application or other trademark matters according to the entrustment of the agent; it shall have the duty of confidentiality for the trade secrets of the agent known in the process of agency.
Where the trademark applied for registration by the principal may not be registered in accordance with this law, the trademark agency shall clearly inform the client.
Where the trademark agency knows or should know that the trademark applied for registration by the principal falls under the circumstances specified in Articles 4, 15 and 32 of this law, it shall not accept the entrustment.
A trademark agency shall not apply for the registration of other trademarks except for the trademark registration of its agency services.
Article 20 the trade organization of trademark agency shall, in accordance with the provisions of the articles of association, strictly implement the conditions for recruiting members and punish those members who violate the self-discipline norms of the trade. The trade organization of a trademark agency shall promptly announce to the public the members it has recruited and the punishment it has imposed on its members.
Article 21 the international registration of trademarks shall follow the system established in the relevant international treaties concluded or acceded to by the people's Republic of China, and the specific measures shall be formulated by the State Council.
Chapter II Application for trademark registration
Article 22 An applicant for trademark registration shall, according to the prescribed commodity classification form, fill in the commodity category and commodity name in which the trademark is used, and file an application for registration.
An applicant for trademark registration may apply for the registration of the same trademark for multiple categories of goods in one application.
The application for trademark registration and other relevant documents may be submitted in writing or in the form of data message.
Article 23 Where a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be filed.
Article 24 Where a registered trademark needs to change its mark, a new application for registration shall be filed.
Article 25 An applicant for trademark registration who, within six months from the date of the first application for trademark registration in a foreign country, applies in China for the registration of the same trademark for the same goods may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of the right of priority.
Where priority is required in accordance with the preceding paragraph, a written statement shall be made at the time of the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; if no written statement is made or a copy of the application document for trademark registration has not been submitted within the time limit, it shall be deemed that no priority is required.
Article 26 Where a trademark is used for the first time on the goods exhibited in an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the goods.
Where priority is required in accordance with the preceding paragraph, a written statement shall be made at the time of the application for trademark registration, and the name of the exhibition on which the goods are displayed, the evidence of the use of the trademark on the displayed goods, the date of exhibition, etc. shall be submitted within three months. If no written statement is made or the supporting documents have not been submitted within the time limit, the priority shall be deemed not to be required.
Article 27 the matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.
Chapter III Examination and approval of trademark registration
Article 28 the Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, complete the examination of the trademark applied for registration. If the trademark conforms to the relevant provisions of this law, it shall make a preliminary examination and approval announcement.
Article 29 in the course of examination, if the trademark office considers that the contents of an application for trademark registration need to be explained or amended, it may require the applicant to make an explanation or amendment. Where the applicant fails to make an explanation or amendment, the Trademark Office shall not be affected to make an examination decision.
Article 30 Where a trademark applied for registration does not conform to the relevant provisions of this law or is identical with or similar to a trademark already registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.
Article 31 Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks on the same or similar goods, the trademark that was first applied for shall be preliminarily examined and approved and published; where the application was made on the same day, the trademark that was first used shall be preliminarily examined and approved and published, and the application of other persons shall be rejected and shall not be published.
Article 32 an application for trademark registration shall not infringe upon the prior rights of others, nor shall it rush to register a trademark that has been used by others and has certain influence by improper means.
Article 33 Within three months from the date of the announcement of the preliminary examination and approval of the trademark, the prior obligee or interested party considers that the trademark violates the provisions of the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 or Article 32 of this law, or anyone considers that the trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19 of this law If it is stipulated in the fourth paragraph of this article, it may raise an objection to the trademark office. If there is no objection at the expiration of the period of the announcement, the registration shall be approved, a trademark registration certificate shall be issued, and the announcement shall be made.
Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the rejection of the application or the refusal to publish the trademark. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for Industry and commerce under the State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice.
Article 35 Where an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the objector and the objected state the facts and reasons, and, after investigation and verification, make a decision on whether or not to approve the registration within 12 months from the expiration of the period of the announcement, and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for Industry and commerce under the State Council.
Where the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector is not satisfied, he may, in accordance with the provisions of articles 44 and 45 of this law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the Trademark Office makes a decision not to register, and the objectee is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for Industry and commerce under the State Council. If the objected party is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the objector to participate in the litigation as a third party.
In the process of reexamination conducted by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the result of another case being tried by the people's court or handled by the administrative organ, the examination may be suspended. After the reasons for suspension are eliminated, the examination procedure shall be resumed.
Article 36 If at the expiration of the statutory time limit, the party concerned does not apply for reexamination against the decision of rejecting the application or refusing to register made by the trademark office or does not bring a suit to the people's court against the decision of reexamination made by the Trademark Review and Adjudication Board, the decision of rejecting the application or refusing to register or the decision of reexamination shall take effect.
For a trademark that is approved for registration after examination but the objection is not established, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the expiration of three months after the announcement of preliminary examination and approval. From the expiration date of the trademark announcement to the time when the decision to approve the registration is made, there shall be no retroactive effect on the use of the same or similar marks on the same or similar goods by others. However, the trademark registrant shall be compensated for the losses caused by the user's malice.
Article 37 applications for trademark registration and trademark reexamination shall be examined in a timely manner.
Article 38 Where an applicant for trademark registration or a registrant discovers an obvious error in the trademark application or registration documents, he may apply for correction. The Trademark Office shall, in accordance with the law, make corrections within the scope of its functions and powers and notify the parties concerned.
The correction of errors mentioned in the preceding paragraph does not involve the substantive contents of the trademark application documents or registration documents.
Chapter IV Renewal, alteration, assignment and license of use of registered trademarks
Article 39 The term of validity of a registered trademark is ten years, counting from the date of approval of registration.
Article 40 Where a registered trademark needs to continue to be used at the expiration of its validity period, the trademark registrant shall, within 12 months before the expiration of its validity period, go through the formalities for renewal in accordance with the provisions; if it fails to do so within this period, it may be granted a grace period of six months. The term of validity of each renewal of registration is ten years, counting from the day after the expiration of the last term of validity of the trademark. If the renewal procedures are not completed at the expiration of the term, the registered trademark shall be cancelled.
The Trademark Office shall publish the renewed trademark.
Article 41 Where a registered trademark needs to change the name, address or other registered matters of the registrant, an application for change shall be filed.
Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the trademark office. The transferee shall guarantee the quality of the goods using the registered trademark.
Where a registered trademark is assigned, the trademark registrant shall assign the same or similar trademark registered on the same kind of goods or the same or similar trademark registered on similar goods.
The Trademark Office shall not approve the assignment which is easy to cause confusion or has other adverse effects, and shall notify the applicant in writing and explain the reasons.
The assignment of a registered trademark shall be announced after approval. The assignee shall enjoy the exclusive right to use the trademark as of the date of the announcement.
Article 43 a trademark registrant may, by signing a trademark license contract, license others to use its registered trademark. The licensors shall supervise the quality of the goods in which the licensees use their registered trademarks. The Licensee shall guarantee the quality of the goods using the registered trademark.
Where the use of another person's registered trademark is permitted, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.
Where another person is permitted to use his registered trademark, the Licensee shall report his trademark use license to the Trademark Office for the record, and the Trademark Office shall make an announcement. The trademark license without filing shall not be against a bona fide third party.
Chapter V invalidation of registered trademarks
Article 44 Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 or paragraph 4 of Article 19 of this law, or obtains registration by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing. If the party concerned is not satisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for Industry and commerce under the State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice.
Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the parties concerned in writing and submit a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a ruling on maintaining the registered trademark or declaring the registered trademark invalid, and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for Industry and commerce under the State Council. If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party of the trademark adjudication procedure to participate in the litigation as a third party.
Article 45 Where a registered trademark violates the provisions of the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 or 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 trademark registration. In case of malicious registration, the owner of a well-known trademark shall not be subject to the five-year time limit.
After receiving the application for invalidation of a registered trademark, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a defense within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make a ruling on maintaining the registered trademark or declaring the registered trademark invalid, and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for Industry and commerce under the State Council. If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party of the trademark adjudication procedure to participate in the litigation as a third party.
In the process of examining the request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the result of another case being tried by the people's court or handled by the administrative organ. After the reasons for suspension are eliminated, the examination procedure shall be resumed.
Chapter VI Administration of trademark use
Article 48 The term "use of a trademark" as used in this Law refers to the use of a trademark on commodities, packages or containers of commodities, and commodity trading documents, or in advertisements, exhibitions and other commercial activities to identify the source of commodities.
Article 49 Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name, address or other registered matters of the registrant on his own, the local administrative department for Industry and Commerce shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office shall cancel his registered trademark.
If a registered trademark becomes the common name of the commodity for which it is authorized to use, or if it is not used for three consecutive years without justified reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receiving the application. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for Industry and commerce under the State Council.
Article 50 Where a registered trademark is revoked, declared invalid or no longer renewed at the expiration of the term, the Trademark Office shall not, within one year from the date of revocation, declaration of invalidity or cancellation, approve an application for the registration of a trademark that is the same as or similar to the trademark.
Article 51 anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for Industry and commerce to apply for registration within a time limit. If the amount of illegal business is more than 50000 yuan, he may be fined less than 20% of the amount of illegal business. If there is no illegal business or the amount of illegal business is less than 50000 yuan, he may be fined less than 10000 yuan.
Article 52 Where an unregistered trademark is used as a registered trademark, or where the use of an unregistered trademark violates the provisions of Article 10 of this law, the local administrative department for Industry and Commerce shall stop it, make corrections within a time limit, and may circulate a notice. If the amount of illegal business is more than 50000 yuan, a fine of less than 20% of the amount of illegal business may be imposed, or if there is no illegal business or the amount of illegal business is less than 50000 yuan , can be fined less than 10000 yuan.
Article 53 anyone who violates the provisions of the fifth paragraph of Article 14 of this Law shall be ordered by the local administrative department for Industry and commerce to make corrections and be fined 100000 yuan.
Article 54 If a party is not satisfied with the decision of the Trademark Office to cancel or not to cancel a registered trademark, he may, within 15 days of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for Industry and commerce under the State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice.
Article 55 if at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the decision made by the Trademark Office to revoke a registered trademark, or does not bring a suit to the people's court against the reexamination decision made by the Trademark Review and Adjudication Board, the decision to revoke a registered trademark or the reexamination 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 as of the date of announcement.
Chapter VII Protection of the exclusive right to use a registered trademark
Article 56 the exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 57 Any of the following acts shall infringe upon the exclusive right to use a registered trademark:
（1） Using the same trademark as the registered trademark on the same commodity without the permission of the trademark registrant;
（2） Using a trademark similar to its registered trademark on the same commodity without the permission of the trademark registrant, or using the same or similar trademark on a similar commodity, which is likely to cause confusion;
（3） Selling goods that infringe on the exclusive right of a registered trademark;
（4） Forging or manufacturing the registered trademark mark of another person without authorization or selling the forged or manufactured registered trademark mark;
（5） The registered trademark is replaced and the goods for the replacement of the trademark are put into the market without the consent of the trademark registrant;
（6） Deliberately providing convenient conditions for infringing the exclusive right of another person's trademark and helping others to carry out the infringement of the exclusive right of a trademark;
（7） Causing other damages to the exclusive right of another person to use the registered trademark.
Article 58 If the trademark registered by another person or the well-known trademark not registered is used as the name of the enterprise, misleading the public and constituting an unfair competition, it shall be dealt with in accordance with the Anti Unfair Competition Law of the people's Republic of China.
Article 59 the general name, figure and model of the commodity contained in the registered trademark, or directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity, or the place names contained therein, the special right to use the registered trademark shall not be entitled to prohibit other people from using them properly.
The special owner of a three-dimensional mark shall not be entitled to prohibit the proper use of the goods, which are produced by the nature of the goods themselves, the shapes of the commodities needed to obtain technical effects or the shapes of the goods of substantial value.
Where a trademark registrant has used a trademark which is the same or similar to the registered trademark and has certain influence on the same commodity or similar commodity before the trademark registrant applies for trademark registration, the exclusive right to use the trademark shall not be entitled to prohibit the user from using the trademark in the original scope of use, but may require it to attach appropriate distinguishing marks.
Article 60 if any of the acts listed in Article 57 of this Law infringe on the exclusive right to use a registered trademark, and thus causes a dispute, the dispute shall be settled through consultation. If the party refuses to negotiate or fails to reach a conclusion through consultation, the trademark registrant or interested party may bring a lawsuit in the people's court or may also request the administrative department for Industry and commerce to handle it.
When handling the infringement, the administrative department for Industry and commerce, if it finds that the infringement is established, it shall be ordered to stop the infringement immediately, confiscate or destroy the infringing goods and the tools mainly used for manufacturing infringing goods or forge the registered trademark mark. If the illegal business operation amount is more than 50000 yuan, it may be fined less than five times the illegal business volume. If there is no illegal business operation or the illegal business operation amount is less than 50000 yuan, it may A fine of not more than 250000 yuan will be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. If the sale of a commodity which does not know that it infringes the exclusive right of a registered trademark, and can prove that the commodity is obtained and explained by itself, the administrative department for Industry and Commerce shall order it to stop selling.
In case of a dispute over the amount of compensation for infringement of the exclusive right to trademark, the parties may request the administrative department for Industry and Commerce for mediation to handle the dispute, or may bring a suit in the people's court in accordance with the Civil Procedure Law of the people's Republic of China. If, after mediation by the administrative department for Industry and commerce, the parties fail to reach an agreement or fail to perform the mediation after the mediation comes into effect, the parties may bring a suit in 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 right to investigate and punish the infringement of the exclusive right of registered trademark according to law; if a crime is suspected, it shall be transferred to the judicial organ for handling according to law.
Article 62 When investigating and punishing the suspected infringement of the exclusive right of another person's registered trademark, the administrative department for Industry and commerce at or above the county level may, on the basis of the evidence or report of the suspected violation of the law, exercise the following functions and powers:
（1） To inquire about the parties concerned and investigate the situation related to infringement of the exclusive right of another person to use the registered trademark;
（2） To consult and copy the contracts, invoices, books and other relevant materials related to the infringement activities of the parties;
（3） To conduct on-site inspection on the place where the parties are suspected of infringing the exclusive right of another person to use the registered trademark;
（4） To inspect the articles related to the infringement activities; to the articles which have evidence proving that they infringe the exclusive right of another person's registered trademark, they may be sealed up or seized.
When the administrative department for Industry and Commerce exercises the functions and powers prescribed in the preceding paragraph in accordance with law, the parties shall assist and cooperate with each other, and shall not refuse or obstruct them.
In the process of investigating and handling trademark infringement cases, if there is a dispute over the ownership of the trademark or the obligee brings trademark infringement lawsuit to the people's court at the same time, the administrative department for Industry and Commerce may suspend the investigation and treatment of the case. After the reasons for suspension are eliminated, the case investigation procedure shall be resumed or terminated.
Article 63 the amount of compensation for infringement of the exclusive right of a trademark shall be determined according to the actual loss suffered by the obligee due to the infringement; if the actual loss is difficult to determine, it may be determined according to the interests obtained by the infringer due to the infringement; if the loss of the obligee or the interests obtained by the infringer are difficult to determine, the amount of compensation shall be determined reasonably according to the multiple of the license fee of the trademark. If the circumstances are serious in case of malicious infringement of the exclusive right to trademark, the amount of compensation may be determined by the amount of more than one time but not more than five times the amount determined in accordance with the above methods. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
In order to determine the amount of compensation, the people's court can order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; If the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation by referring to the claim of the obligee and the evidence provided.
Where it is difficult to determine the actual losses suffered by the obligee as a result of the infringement, the benefits gained by the infringer as a result of the infringement, or the license fee for the use of a registered trademark, the people's court shall, according to the circumstances of the infringement, make a judgment to pay compensation of less than five million yuan.
When trying trademark dispute cases, the people's court shall, at the request of the obligee, order the destruction of the commodities with fake registered trademarks, except under special circumstances; order the destruction of the materials and tools mainly used for manufacturing the commodities with fake registered trademarks without compensation; or, under special circumstances, order the prohibition of the aforesaid materials and tools from entering commercial channels without compensation.
Commodities with fake registered trademarks shall not enter commercial channels after only removing the fake registered trademarks.
Article 64 Where the exclusive right to a registered trademark claims compensation and the accused infringer raises a defense that the exclusive right to a registered trademark has not used the registered trademark, the people's court may require the exclusive right to a registered trademark to provide evidence of the actual use of the registered trademark within the previous three years. If the exclusive right holder of a registered trademark can not prove that he has actually used the registered trademark in the previous three years, or that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.
If the seller does not know that the goods infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by himself and that the supplier is explained, he shall not be liable for compensation.
Article 65 Where a trademark registrant or an interested party has evidence to prove that another person is carrying out or is about to carry out an act infringing upon his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legal rights and interests, he may apply to the people's court for measures to order him to stop the act and to preserve his property before bringing a lawsuit.
Article 66 in order to stop the infringement, where the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may, in accordance with the law, apply to the people's court for evidence preservation before bringing a lawsuit.
Article 67 Where a trademark that is identical with its registered trademark is used on the same commodity without the permission of the trademark registrant, and if the case constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed.
If a crime is constituted by forging or manufacturing another person's registered trademark or selling the forged or illegally manufactured registered trademark, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.
If a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law in addition to compensating the loss of the infringed.
Article 68 If a trademark agency commits any of the following acts, it shall be ordered by the administrative department for Industry and commerce to make corrections within a time limit, given a warning and imposed a fine of not less than 10000 yuan but not more than 100000 yuan; the person in charge and other persons directly responsible shall be given a warning and imposed a fine of not less than 5000 yuan but not more than 50000 yuan; if a crime is constituted, criminal responsibility shall be investigated 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 slandering other trademark agencies or disturbing the order of trademark agency market by other improper means;
（3） Violating the provisions of Article 4, paragraph 3 and paragraph 4 of Article 19 of this law.
If a trademark agency commits any of the acts mentioned in the preceding paragraph, the administrative department 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 the trademark agency business and make an announcement.
If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of the principal, it shall bear civil liability in accordance with the law and be punished by the trademark agency trade organization in accordance with the provisions of the articles of association.
Those who apply for trademark registration maliciously shall be given administrative penalties such as warning and fine according to the circumstances; those who file trademark lawsuits maliciously shall be punished by the people's court according to law.
Article 69 functionaries of state organs engaged in trademark registration, administration and reexamination must enforce the law impartially, be honest and self disciplined, be loyal to their duties and serve in a civilized manner.
Personnel of the Trademark Office, the Trademark Review and Adjudication Board and state organs engaged in trademark registration, administration and reexamination shall not engage in trademark agency business or commodity production and operation activities.
Article 70 the administrative department for Industry and Commerce shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations and discipline by the State functionaries responsible for trademark registration, administration and reexamination.
Article 71 Any functionary of a state organ engaged in the work of trademark registration, administration and reexamination who neglects his duty, abuses his power, engages in malpractice for personal gains, illegally handles matters concerning trademark registration, administration and reexamination, accepts property from the parties concerned and seeks illegitimate interests, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be punished according to law.
Chapter VIII supplementary provisions
Article 72 a fee shall be paid for the application for trademark registration and other trademark matters, and the specific fee rate shall be determined separately.
Article 73 this Law shall enter into force as of March 1, 1983. The "Regulations on the administration of trademarks" promulgated by the State Council on April 10, 1963 shall be abrogated at the same time; any other provisions on the administration of trademarks that conflict with this Law shall be invalid at the same time.
Trademarks registered before the implementation of this Law shall continue to be valid.
The above is the full text of the latest trademark law in 2019, in which the bold part is the revised part of the trademark law. For more new law express, please continue to pay attention to Beijing Xinzhiyuan law firm. The Intellectual Property Department of Beijing Xinzhiyuan law firm deals with trademark registration, trademark infringement litigation and intellectual property litigation. Xinzhiyuan Beijing law firm provides free lawyer consultation service. If you need, you can consult online or directly dial the national free consultation hotline: 400-053-0960