(adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982, and amended for the first time in accordance with the decision on Amending the Trademark Law of the people's Republic of China adopted at the 30th meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993) According to the second amendment of the decision on Amending the Trademark Law of the people's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001, and the third amendment of the decision on Amending the Trademark Law of the people's Republic of China at the 4th meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013 Revised for the fourth time according to the decision on Amending eight laws including the construction law of the people's Republic of China issued at the 10th meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Chapter I General Provisions
Article 1 this law is formulated in order to strengthen trademark management, protect the exclusive right of trademarks, promote the production and operators to guarantee the quality of goods and services, safeguard the reputation of trademarks, safeguard the interests of consumers, producers and operators, and promote 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 committee to handle trademark disputes.
Article 3 the trademark approved and registered by the Trademark Office shall be a registered trademark, including the commodity trademark, service trademark, collective trademark and certification trademark; the trademark registrant shall enjoy the exclusive right of trademark and shall be protected by law.
Collective trademarks as used in this Law refer to the marks registered in the name of a group, association or other organization for the use of members of the organization in commercial activities, so as to show the membership of the user in the organization.
The term "certification trademark" as used in this Law refers to the mark controlled by an organization with supervisory power over a certain commodity or service, and used by units or individuals other than the organization for the purpose of proving the origin, raw materials, manufacturing methods, quality or other specific quality of the goods or services.
The 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 in the course of production and operation, natural persons, legal persons or other organizations need to obtain the exclusive right to use trademarks for their goods or services, they shall apply to the Trademark Office for trademark registration. The application for registration of malicious trademarks for the purpose of not using shall be rejected.
The provisions of this Law concerning the trademark of commodities 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.
A trademark agency shall not accept the entrustment of a trademark that the trademark agency knows or should know that the trademark applied for registration by the principal belongs to the circumstances prescribed in Articles 4, 15 and 32 of this law.
A trademark agency shall not apply for registration of other trademarks except for its agency services.
Article 20 trademark agency industry organizations shall strictly implement the conditions for absorbing members in accordance with the provisions of the articles of association and punish the members who violate the rules of self-discipline of the industry. The trademark agency industry organizations shall timely disclose the disciplinary information to the members they have absorbed and the punishment to the members.
Article 21 the international registration of trademarks shall follow the system established by the relevant international treaties concluded or acceded to by the people's Republic of China, and the specific measures shall be prescribed 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 the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing the application for trademark registration, and a copy of the application document for trademark registration filed for the first time shall be submitted within three months; where no written declaration is made or a copy of the application document for trademark registration is not submitted within the time limit, the right of priority shall be deemed not to have been claimed.
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 the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing 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 goods on display, the date of exhibition and other supporting documents shall be submitted within three months; if no written declaration is made or the supporting documents are not submitted within the time limit, the right of priority shall be deemed not to have been claimed.
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
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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 may order the infringer to provide the books and materials related to the infringement if the obligee has tried to prove the amount of compensation, and the books and materials related to the infringement are mainly in the possession of the infringer; if the infringer fails to provide or provide false books and materials, the people's court may judge the claim with reference to the claims and evidence provided by the obligee The amount of compensation.
If the actual loss suffered by the obligee due to the infringement, the interests of the infringer due to the infringement and the fee for the license of the registered trademark are difficult to determine, the people's court shall, according to the circumstances of the infringement, award compensation of less than RMB 5 million.
When hearing trademark disputes, the people's court shall, at the request of the obligee, order the goods belonging to counterfeit registered trademarks to be destroyed except in special circumstances; materials and tools mainly used for the manufacture of counterfeit registered trademarks shall be ordered to be destroyed and no compensation shall be made; or in special circumstances, the aforesaid materials and tools shall be prohibited from entering the commercial channels and no compensation shall be made.
Goods with counterfeit registered trademarks shall not enter into commercial channels after only removing the counterfeit registered trademarks.
Article 64 If the person who is accused of infringement makes a defense against the fact that the exclusive right to use the registered trademark does not use the registered trademark, the people's court may request the person who has used the registered trademark to provide evidence of the actual use of the registered trademark within three years before. If the exclusive right to use the registered trademark cannot prove that the registered trademark has been used in practice within three years before, or that it has suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.
If the sale of a commodity which does not know is a violation of the exclusive right of a registered trademark, it can prove that the commodity is obtained and stated by itself as a provider, and shall not be liable for compensation.
Article 65 if a trademark registrant or interested party has evidence that another person is carrying out or is about to commit an act infringing the exclusive right of his registered trademark, if it fails to stop it in time, it will cause irreparable damage to his legal rights and interests, he may, before proceeding, apply to the people's court for measures to order the cessation of the relevant acts and property preservation.
Article 66 in order to stop infringement, where the evidence may be lost or difficult to obtain later, the trademark registrant or interested party may apply to the people's court for the preservation of evidence before proceeding according to law.
Article 67 If a trademark which is the same as the registered trademark is used on the same commodity without the permission of the trademark registrant, if the case constitutes a crime, criminal liability shall be investigated according to law in addition to compensation for the losses of the infringed person.
If a crime is constituted by forging or manufacturing the registered trademark mark of another person or selling the forged or manufactured registered trademark without authorization, criminal liability shall be investigated according to law in addition to compensation for the losses of the infringed person.
If the sale of goods which knowingly is a counterfeit registered trademark constitutes a crime, criminal liability shall be investigated according to law, in addition to compensation for the losses of the infringed.
Article 68 If a trademark agency commits one of the following acts, the administrative department for Industry and Commerce shall order it to correct within a time limit, give a warning and impose a fine of not less than 10000 yuan but not more than 100000 yuan; the person in charge directly in charge and other persons directly responsible shall be given a warning and a fine of not less than 5000 yuan and not more than 50000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Forging, altering or using forged or altered legal documents, seals and signatures in the course of trademark matters;
（2） Soliciting trademark agency business by slandering other trademark agency agencies or disturbing the market order of trademark agency by other improper means;
（3） Violating the provisions of Article 4, Article 19, paragraph 3 and paragraph 4 of this law.
If a trademark agency commits any of the acts prescribed in the preceding paragraph, it shall be recorded in the credit file by the administrative department for Industry and commerce; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Committee may decide to stop accepting the trademark agency business and make a public announcement.
If a trademark agency violates the principle of honesty and credit and infringes upon the legitimate interests of the client, it shall bear civil liability according to law, and the trademark agency industry organization shall punish it in accordance with the provisions of the articles of association.
If a trademark registration is maliciously applied for, administrative penalties such as warning and fine shall be given according to the circumstances; if a trademark lawsuit is brought maliciously, the people's court shall impose a punishment according to law.
Article 69 the staff of the state organs engaged in trademark registration, management and reexamination must enforce the law impartially, be honest and self-discipline, be loyal to their duties and serve in a civilized manner.
The staff of the Trademark Office, the Trademark Review Committee and the state organs engaged in the registration, management and reexamination of trademarks shall not engage in trademark agency business and commodity production and business operations.
Article 70 the administrative department for Industry and Commerce shall establish and improve the internal supervision system, and supervise and inspect the implementation of laws, administrative regulations and compliance with discipline by the staff of the state organs responsible for the registration, management and reexamination of trademarks.
Article 71 If any functionary of the state organ engaged in trademark registration, management and reexamination neglects his duty, abuses his power, engages in malpractice for personal gain, illegally deals with matters concerning trademark registration, management and reexamination, accepts property of the parties concerned, seeks improper interests and constitutes a crime, he 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.