Trademark law of the Peoples Republic of China （the latest）
　　（August 23, 1982 the fifth session of the standing committee of the National Peoples Congress on 24th meeting, according to February 22, 1993, the seventh the 30th session of the standing committee of the National Peoples Congress concerning the modify the decision of the < > of the trademark law of the Peoples Republic of China "for the first time correction, based on October 27, 2001, the ninth 24th meeting of the standing committee of the National Peoples Congress concerning the modify the decision of the < > of the trademark law of the Peoples Republic of China" the second correction）
　　Orders to record
　　The first chapter is always
　　The second chapter, the application for trademark registration
　　The third chapter trademark registration of the review and approval
　　The fourth chapter registered trademark renewal, transfer and licensing
　　The fifth chapter registered trademark disputes ruling
　　The sixth chapter trademark use management
　　Chapter 7, the protection of the right to exclusive use of a registered trademark
　　Chapter 8 is attached
　　The first chapter is always
　　Article 1 in order to strengthen brand management, protect the trademark, prompt production, ensure the quality of goods and services, business operators to maintain brand reputation, in order to protect the interests of the consumer and the production, the operator and promote the development of the socialist market economy, this law has been formulated.
　　Article 2 the administrative department for industry and commerce trademark office under the state council shall be responsible for the national trademark registration and management of the work.
　　Established under the administrative authority for industry and commerce trademark review and adjudication board under the state council, shall be responsible for handling matters of trademark disputes.
　　Article 3 after examination and approval by the trademark office registered trademark is a registered trademark, including commodity trademarks, service marks and collective marks and certification marks; A trademark registrant shall enjoy the right to the exclusive use of a trademark, protected by law.
　　Collective trademark referred to in this law refers to the registered in the name of bodies, associations or other organizations, for use in commercial activities, members of the group to show a sign of users membership in the organization.
　　Prove trademark referred to in this law refers to the of a commodity or a service organization capable of supervision and control, and by the units or individuals to use outside of the organization in its goods or services, to show that the origin of goods or services, materials, manufacturing methods, quality or other specific quality marks.
　　The registration and administration of collective trademarks and certification trademarks special matters, shall be formulated by the administrative department for industry and commerce under the state council.
　　Article 4 the natural persons, legal persons or other organizations for their production, manufacturing, processing, sorting, or distribution of goods, need to get right to the exclusive use of a trademark, the trademark registration shall be filed with the trademark office goods.
　　Natural persons, legal persons or other organizations to provide services, need to get right to the exclusive use of a trademark, the trademark registration shall be filed with the trademark office service.
　　The provisions of this law concerning goods trademarks, applicable to trademarks of services.
　　Article 5 two or more natural persons, legal persons or other organizations may jointly apply to the trademark office to register the same trademark and jointly enjoy and exercise the right to the exclusive use of a trademark.
　　Article 6 the state goods that must bear a registered trademark must apply to the trademark registration, unless an application therefore has been approved, may not be sold on the market.
　　Article 7 the trademark user shall be responsible for the quality of the trademark goods is used. The industrial and commercial administrative departments at various levels shall be through the trademark management, to stop cheating on consumer behavior.
　　Article 8 any can be natural persons, legal persons or other organizations of commodity differs from the others goods in the visibility of the sign, including text, graphics, letters, numerals, three-dimensional symbol and color combination, as well as the combination of the above factors, all can apply for registration as trademarks.
　　Article 9 the application for registration of trademark, there should be significant features, easy to identify, and shall not conflict with the lawful rights obtained earlier by others.
　　Registered trademark registrant shall have the right to indicate the "registered trademark" or tags.
　　Article 10 the following marks shall not be used as trademarks:
　　（a） of the Peoples Republic of China national name, national flag, national emblem, military flag, MEDALS, of the same or similar with the central state organs and location specific location name or the name of the landmark buildings, the graph of the same;
　　（2） with the foreign national name, national flag, national emblem, military flag the same or similar, except that the government has agreed to.
　　（3） with the name, flag, emblem of inter-governmental international organizations of the same or similar to, but except those subject to consent by the organization or not easy to mislead the public;
　　（4） to show that implementation of control and guarantee the official mark, inspection mark identical with or similar to, except that the authorized;
　　（5） with the name of the "Red Cross", "red crescent", signs of the same or similar;
　　（6） with a national discriminatory;
　　（7） exaggerated propaganda and deceptive;
　　（eight） harmful to the socialist morality or have other harmful effects.
　　Place name of an administrative division at or above the county level or the public know foreign places, shall not be used as trademarks. Place name, however, has other meanings or as an integral part of the collective marks and certification marks, except; Registered trademark of the use of place names continue to effective.
　　Article 11 the following marks may not be registered as trademarks:
　　（a） only the generic name of the commodity, graphics, models;
　　（2） just say directly the quality of the goods, the main raw material, function, quantity, weight, and other characteristics;
　　（3） the lack of significant characteristics.
　　Listed in the preceding paragraph marks after use with conspicuous features, and easy to identify, can be used as a trademark registration.
　　Article 12 a three-dimensional mark to apply for a registered trademark, the only shapes produced by the nature of the goods itself, required for technical effect and the shape of a shape or make the goods substantive value, shall not be registered.
　　Article 13 the applications for registration of trademark for the same or similar goods is a reproduction, imitation or translation of the well-known trademark of others is not registered in China, easy to cause confusion, shall be rejected for registration and prohibited from use.
　　Is not the same or similar goods to apply for registration of trademark is a reproduction, imitation or translation of the well-known trademark of others has been registered in China, misleading the public, thereby causing damage to the interests of the well-known trademark registrant may, shall be rejected for registration and prohibited from use.
　　Article 14 that well-known trademark shall consider the following factors:
　　（a） the relevant public known degree of the trademark;
　　（2） the duration of the trademark use;
　　（3） the trademark any propaganda work duration, degree and geographical scope;
　　（4） the trademark protected as a well-known trademark record;
　　Other factors （5） the trademark is well-known.
　　Article 15 the unauthorized, agent or representative in its own name will be the agent or representative of trademark registration, challenged by the agent or representative, shall be rejected for registration and prohibited from use.
　　Article 16 there are products of geographical indication in the trademark, and the goods is not from this flag marked area, misleading the public, shall be rejected for registration and prohibited from use; But, of the good will and bad will registration for the continue to be valid.
　　Geographical indication "as mentioned in the preceding paragraph is derived from a region in a goods, the specific quality, reputation or other characteristics of goods, mainly from the regions natural factors or human factors determined by the sign.
　　Article 17 a foreigner or foreign enterprise applying for trademark registration in China, shall, according to the country and the Peoples Republic of China has signed the agreement or jointly participate in the international treaties, or according to the principle of reciprocity shall apply.
　　Article 18 the foreigner or foreign enterprise in China in applying for trademark registration or handle other trademark matters, shall entrust a trademark agency designated by the state to qualified organization agent.
　　The second chapter, the application for trademark registration
　　Article 19 the application for trademark registration shall, in accordance with the provisions of commodity classification table is allowed to use the trademark categories of goods and the commodity name.
　　Article 20 the applicant for trademark registration on different categories of goods to apply for registration of the same trademark, shall propose a registration according to the classification of goods.
　　Article 21 the registered trademark need other commodities used in the same class, shall apply for registration separately.
　　Article 22 the registered trademark need to change the logo, should apply for registration again.
　　Article 23 the registered trademark needs to change the name of the registrant, address or other registered items, the application regarding the change shall be filed.
　　Article 24 of the trademark registration applicant is put forward for the first time since its brand in a foreign country within six months from the date of application for trademark registration, and in China the same goods with the same trademark filing an application for trademark registration, in accordance with the agreement signed with China or foreign jointly participate in the international treaties, or according to the principle of mutual recognition of priority, can enjoy priority.
　　Requests for priority according to the preceding paragraph, it shall, when filing an application for trademark registration to make a written statement, and submit for the first time in three months is put forward a copy of the trademark registration documents; Without a written statement or fails to submit application for trademark registration copy, shall be deemed to have not been for priority.
　　Article 25 a trademark in the Chinese government sponsored or recognized international exhibition of goods used for the first time within six months from the date of the goods on display, the trademark registration applicant shall enjoy priority.
　　Requests for priority according to the preceding paragraph, it shall, when filing an application for trademark registration to make a written statement, and submitted in three months showcase exhibition of the commodity name, use the trademark on goods on display evidence of documents, display the date, etc. Without a written statement or fails to submit supporting documents, shall be deemed to have not been for priority.
　　Article 26 for the application for trademark registration matters and to declare the materials provided shall be truthful, accurate and complete.
　　The third chapter trademark registration of the review and approval
　　Article 27 the application for registration of trademark, all in accordance with the relevant provisions of this law, a preliminary examination and approval by the trademark office, make a public announcement.
　　Article 28 the application for registration of trademark, that do not conform to the relevant provisions of this law, or with others on the same kind of goods or similar goods registered or preliminary examination and approval of the trademark identical with or similar to, by the trademark office shall be rejected and shall not be published.
　　Article 29 of the two or more than two, the applicant for trademark registration, on the same kind of goods or similar goods in the same or similar to the trademark application for registration, preliminary examination and approval and announcement to file trademark; Applications on the same day, preliminary approval and announcement prior use of trademark, to reject the application of others, not to notice.
　　Article 30 the trademark of preliminary examination and approval, three months from the date of the announcement, any person can be challenged. Announcement expires without objection, approved registration, trademark registration certificate, and a public announcement.
　　Article 31 an application for the registration of a trademark shall not harm the prior right of others, or by unfair means first register the trademark of others have been used and has a certain influence.
　　Article 32 to be rejected, no publication of the trademark, the trademark office trademark registration applicant shall be notified in written form. Is not the applicant for trademark registration, he may within 15 days from the date of receiving the notice of the trademark review and adjudication board to apply for reexamination, made by the trademark review and adjudication board decision, and notify the applicant in writing.
　　If any party concerned refuses to accept the trademark review and adjudication boards decision, can within 30 days from the date of receiving the notification of the peoples court.
　　Article 33 of the disputed the preliminary approval, make a public announcement of the trademark, the trademark office shall hear objections and be objection to state the facts and reasons, after investigation and verification, make a decision. Party refuses to obey, can within 15 days from the date of receiving the notice of the trademark review and adjudication board to apply for reexamination, ruling made by the trademark review and adjudication board, and inform the opponent and dissent.
　　Party is not satisfied with the trademark review and adjudication boards decision, can within 30 days from the date of receiving the notice, the peoples court. The peoples court shall notify the other party to the trademark review proceedings as a third person to participate in the litigation.
　　Article 34 the party to the trademark office shall make a ruling within the statutory time limit does not apply for review or to the trademark review and adjudication board ruled not to the peoples court, the rule to take effect.
　　The opposition cannot be established upon adjudication, the registration shall be approved and sent to the trademark registration certificate, and be published; The objection was established upon adjudication, the registration shall not be approved.
　　The opposition cannot be established upon adjudication, approved registration, the applicant for trademark registration of trademark time from the date of first trial announcement expiration of three months.
　　Article 35 the application for trademark registration and trademark reexamination shall be examined in a timely manner.
　　Article 36 of the trademark registration applicant or registered person found trademark application documents or registration documents have obvious errors, can apply for correction. The trademark office in accordance with the law within the scope of his functions and powers to make correction, and notify the parties concerned.
　　Correct referred to in the preceding paragraph does not involve the use of the trademark application documents or registration documents to the substantial contents.
　　The fourth chapter registered trademark renewal, transfer and licensing
　　Article 37 the period of validity of a registered trademark for 10 years, from the date of approval to register.
　　Article 38 the expiration of a registered trademark, it is necessary to continue to use, in the six months before the expiry of the application for renewal of registration shall be; During this period failed to apply, can offer a wide roll over six months. Still not submit an application, the expiry of the spread of the cancellation of its registered trademark.
　　The period of validity of each renewal of registration shall be ten years.
　　Any renewal of registration shall be published after it has been approved.
　　Article 39 the assignment of a registered trademark, the assignor and the assignee shall sign a transfer agreement, and jointly apply to the trademark office. The assignee shall guarantee the quality of using the registered trademark.
　　After the assignment of a registered trademark has been approved, shall be published. The transferee enjoys trademark from the date of announcement.
　　Article 40 the trademark registrant can enter into a trademark licensing contract, authorize others to use its registered trademark. Licensor shall supervise the licensee to use its registered trademark goods quality. The licensee shall guarantee the quality of using the registered trademark.
　　Permitted use another persons registered trademark, must use the registered trademark in the commodities of the licensees name and marked on the producing area.
　　The trademark license contract shall be submitted to the trademark office for record.
　　The fifth chapter registered trademark disputes ruling
　　Article 41 the registered trademark, in violation of the provisions of article 10, article 11, the provisions of article 12, or is based on deception or other improper means to obtain registration, the trademark office shall revoke the registered trademark; Other units or individuals may request the trademark review and adjudication board rule to cancel the registered trademark.
　　Registered trademark, in violation of the provisions of article 13 and article 15 and article 16, the provisions of article 31, since five years from the date of trademark registration, trademark owners or interested party may request the trademark review and adjudication board rule to cancel the registered trademark. For malicious registered, well-known trademark owner is not subject to the time limits for five years.
　　With the exception of the circumstances specified in the preceding two paragraphs, the controversial of registered trademarks and may be from the date of the trademark registration has been approved within five years, apply to the trademark review and adjudication board for adjudication.
　　The trademark review and adjudication board shall, after receipt of the application for adjudication, notify the parties concerned, and request them to reply.
　　Article 42 for approval before registration has been challenged and ruled that the trademark, are not allowed to apply to the same facts and reasons.
　　Article 43 the trademark review and adjudication board to maintain or to cancel a registered trademark of rule, the parties concerned shall be notified in written form.
　　Party is not satisfied with the trademark review and adjudication boards decision, can within 30 days from the date of receiving the notice, the peoples court. The peoples court shall notify the other party to the trademark adjudication procedure as the third person to participate in the litigation.
　　The sixth chapter trademark use management
　　Article 44 the use of a registered trademark, has one of the following ACTS, the trademark office shall order correction within a time limit or revoke the registered trademark:
　　（a） to change the registered trademark;
　　（2） to change the registered trademark of the name, address or other registered matters concerning the registrant;
　　（3） the assignment of a registered trademark;
　　（4） to stop using for three consecutive years.
　　Article 45 the use of a registered trademark, the manufactured goods, shoddy, deceive consumers, the administrative department for industry and commerce at various levels for different situation, ordered to make corrections within a time limit and can be notified or impose a fine, or by the trademark office shall revoke the registered trademark.
　　Article 46 the expiry of the registered trademark is revoked, or no longer renewal, within one year from the date of revocation or cancellation, the trademark office for the trademark identical with or similar to the application for trademark registration, will not be approved.
　　The provisions of article 47 in violation of the provisions of article 6, the local administrative department for industry and commerce shall be ordered to apply for registration within a prescribed time limit and may concurrently be imposed.
　　Article 48 the use of unregistered trademarks, has one of the following ACTS, the local administrative department for industry and commerce shall stop, deadline to correct, and can be notified or impose a fine:
　　（a） as a registered trademark;
　　（2） the ACTS violating the provisions of article 10 of this law;
　　（3） manufactured, shoddy, cheat consumer.
　　Article 49 of the trademark office to revoke the registered trademark of the decision, the party refuses to obey, can within 15 days from the date of receiving the notice of the trademark review and adjudication board to apply for reexamination, made by the trademark review and adjudication board decision, and notify the applicant in writing.
　　If any party concerned refuses to accept the trademark review and adjudication boards decision, can within 30 days from the date of receiving the notification of the peoples court.
　　Article 50 the administrative department for industry and commerce according to the provisions of article 45, article 47, the provisions of article 48 penalty decision, the party refuses to obey, can within 15 days from the date of receiving the notification, bring a suit in a peoples court; Not to Sue and fails to perform, the expiration of the relevant administrative department for industry and commerce may apply to the peoples court for compulsory execution.
　　Chapter 7, the protection of the right to exclusive use of a registered trademark
　　Article 51. The right to exclusive use of registered trademarks, in order to use approved registration of the trademark and approved products is limited.
　　Article 52 has one of the following ACTS, belong to the infringement of registered trademark:
　　（a） without the permission of the trademark registrant, on the same kind of goods or similar goods to use its registered trademark of the same or similar trademark;
　　（2） sales to the exclusive use of a registered trademark has been infringed;
　　（3） the forgery, without authorization, registered trademark of another person or selling counterfeit, manufacturing of registered trademark without authorization;
　　（4） without the consent of the trademark registrant, change its registered trademark and will be the replacement of trademark goods to market;
　　（5） other damage to the others right to exclusive use of a registered trademark.
　　Article 53 listed in article 52 invasion, one kind of the right to exclusive use of a registered trademark and is contested, negotiated by the parties solve; Not willing to consultation or negotiation fails, the trademark registrant or interested party may bring a suit in a peoples court, also may request the administrative department for industry and commerce. Administrative department for industry and commerce processing, cognizance tort, shall be ordered to stop the infringing act immediately and confiscate and destroy the infringing goods and dedicated to infringing goods and counterfeit registered trademark of the tool, and may impose a fine. If any party concerned refuses to accept the decision, which can be within 15 days from the date of receiving the advice in accordance with the law of the Peoples Republic of China administrative procedure law suit in a peoples court; Where the infringer neither institutes legal proceedings nor performs, the administrative department for industry and commerce may apply to the peoples court for compulsory execution. To deal with the administrative department for industry and commerce according to the request of the parties, may conduct the mediation as trademark infringement compensation; If conciliation fails, the parties may, in accordance with the law of the Peoples Republic of China civil procedure law suit in a peoples court.
　　Article 54 of the right to exclusive use of a registered trademark infringement, the administrative department for industry and commerce shall have the right to investigate; Suspected of a crime, shall be timely transferred to judicial organs in accordance with the law.
　　Article 55 the administrative department for industry and commerce at or above the county level shall, according to a report suspected illegal evidence or had made use of a registered trademark of suspected to infringe others behavior during investigation, can exercise the following powers and functions:
　　（a） ask the parties concerned, investigation in relation to the infringement of right to exclusive use of a registered trademark of others;
　　（2） looking up and duplicating the parties relating to infringement activities of contracts, invoices, account books and other relevant materials;
　　（3） on the parties involved that infringes on another person to conduct inspections of the right to exclusive use of a registered trademark activity places;
　　（4） check items relating to infringement activities; Is that infringes on another person to have evidence that use of a registered trademark, seizure or detainment.
　　Administrative department for industry and commerce in accordance with law, exercise their functions and powers prescribed in the preceding paragraph, the parties shall assist and cooperate, may refuse or obstruct.
　　Article 56 of the trademark infringement compensation for the infringer during the period of infringement for infringing the interests, or by the infringer during the infringed due to damage by tort, including the reasonable expenses of the stopping the infringement.
　　Referred to in the preceding paragraph the infringer interests obtained for the infringement or the patentee for infringed suffers loss is difficult to determine, by the peoples court according to the circumstances of the infringement of the compensation not exceeding five hundred thousand yuan.
　　Dont know is a registered trademark has been infringed goods, can prove that the goods are legally obtained indicating the provider, does not assume liability to pay compensation.
　　Article 57 a trademark registrant or interested party has evidence to prove that others are implementing or imminent infringement of the right to exclusive use of a registered trademark of behavior, such as not to stop in time, will make its legitimate rights and interests is irreparable damage, can apply to a peoples court before the prosecution shall be ordered to stop the relevant act and property preservation measures.
　　The peoples court to deal with the application of the preceding paragraph shall be subject to the civil procedure law of the Peoples Republic of China article ninety-three to article ninety-three and article ninety-nine of the rules.
　　Article 58 for stopping the infringement, the evidence may be lost or difficult to obtain after the case, the trademark registrant or interested party can apply for evidence preservation before Sue to the peoples court.
　　After accepting applications, the peoples court must decide within 48 hours; Ruled that the preservative measures, the execution thereof shall begin immediately.
　　Peoples court may order the applicant to provide guarantee, the applicant does not provide guarantees, shall be rejected.
　　The applicant within 15 days after the peoples court for preservative measure not to prosecute, the peoples court shall cancel the preservation measures.
　　Article 59, without the consent of the trademark registrant to use its registered trademark on the same kind of goods of the same trademark, if the case constitutes a crime, in addition to compensation for losses which the patentee, shall be investigated for criminal responsibility according to law.
　　Counterfeit or registered trademark of another person or selling counterfeit without authorization, manufacturing of registered trademark without authorization, if the case constitutes a crime, in addition to compensation for losses which the patentee, shall be investigated for criminal responsibility according to law.
　　Selling deliberately a registered trademark is falsely goods, if the case constitutes a crime, in addition to compensation for losses which the patentee, shall be investigated for criminal responsibility according to law.
　　Article 60 the work in the trademark registration, management and review of staff members of state organs must enforce the law impartially, and honest self-discipline, be loyal to their duties and civilized service.
　　The trademark, the trademark review and adjudication board and engaged in the work of trademark registration, management and review national office working personnel shall not be engaged in trademark agency and commodity production and business operation activities.
　　Article sixty-one the administrative department for industry and commerce shall establish and improve the internal supervision system, to be responsible for the trademark registration, management and review of the staff members of state organs enforce the law, administrative regulations and the situation of the discipline, conducting supervision and inspection.
　　Article sixty-two those engaged in trademark registration, management, and review the work of a state organ staff dereliction of duty, abuse of authority, practice favoritism, illegal for trademark registration, management and review items, accepting property, the parties to seek illegitimate interests, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; Does not yet constitute a crime, be given administrative sanctions according to law.
　　Chapter 8 is attached
　　Article sixty-three the application for trademark registration or handle other trademark matters, it shall pay a fee, specific standards prescribed separately.
　　Article sixty-four this law shall come into force on 1 March 1983. The state council on April 10, 1963 published the "regulations on the administration of trademark" shall be repealed simultaneously. Other provisions on the administration of the trademark, contradict this law, at the same time.
　　Before the promulgation of this law has been registered trademark continue to be valid.