"Trademark law of People's Republic of China"

The first chapter.

First in order to strengthen the administration of trademarks, protecting the exclusive right to use trademarks, encourage producers to guarantee the quality of goods and maintain the reputation, in order to protect the interests of consumers, promote the development of socialist market economy, this law is enacted.

Second Trademark Office of the administrative department for Industry and commerce under the State Council in charge of national trademark registration and management work.

Third by the Trademark Office approved the registration of a trademark is a registered trademark, the trademark registrant shall enjoy the exclusive right of trademark, protected by law.

Fourth enterprises and individual businesses, products of its production, manufacture, selection or marketing, needs to acquire the right to exclusive use of a trademark, shall apply to the Trademark Office for the registration of the trademark. Enterprises, public institutions and individual industrial and commercial enterprises, the services provided by the project, the need to obtain the right to exclusive use of a trademark, it shall apply to the Trademark Office for service trademark registration. The provisions of this Law concerning the trademark of commodities shall apply to service marks.

Fifth state requires the use of registered trademark, a trademark registration must be applied for, without the approval of the registration, may not be sold on the market.

Sixth trademark shall be responsible for the quality of the goods on which the trademark use. The administrative departments for Industry and commerce at various levels shall, through the administration of trademarks, supervise the quality of commodities and stop the acts of deceiving consumers.

Seventh trademark text, graphics or combinations thereof, shall have distinctive characteristics, easy to identify. The use of a registered trademark, and shall be marked "registered trademark" or the registration mark.

Eighth trademarks shall not use the following text and graphics:

(1) with People's Republic of China's national name, national flag, national emblem, flag, insignia of identical or similar;

(2) with the foreign country name, national flag and national emblem, flag identical or similar;

(3) or similar intergovernmental organizations flags, emblems or names;

(4) with the "Red Cross", "Crescent" logo, name or similar;

(5) common name of the goods and graphics;

(6) directly indicates the quality of the products, the main raw materials, function, use, weight, quantity and other characteristics of the;

(7) with national discrimination;

(8) exaggerated publicity and deceptive;

(9) detrimental to socialist morals or other adverse effects. The name of the administrative divisions of the county level or the public awareness of foreign names, shall not be used as trademarks, but the names have other meanings except for the use of geographical names have been registered trademarks continue to be effective.

Ninth foreigner or foreign enterprise applies for trademark registration in China, shall be signed according to the state of People's Republic of China and the international treaties or agreements to participate in the management, or according to the principle of reciprocity.

Tenth in Chinese foreigners or foreign enterprises to apply for trademark registration and the handling of other trademark matters, it shall entrust an organization designated by the state agency.

Application for trademark registration in the second chapter

Eleventh to apply for trademark registration, the provisions of the table should be in accordance with the classification of goods used in respect of other categories of goods and commodities.

Twelfth applicant intends to use the same trademark on goods in different classes, it shall submit applications for registration in accordance with the classification of goods.

Thirteenth registered trademark is to be used on other goods of the same class, new application for registration shall be filed.

Fourteenth registered trademark need to change the text, graphics, a new registration shall be applied for.

Fifteenth registrant change the name, address or other registered matters, shall file an application for change.

The third chapter is the review and approval of trademark registration

Sixteenth application for registration of a trademark that is in conformity with the relevant provisions of this law, the Trademark Office shall announce the preliminary approval.

Seventeenth application for registration of a trademark that is in conformity with the relevant provisions of this law or with others in the same kind of goods or similar goods have been registered or identical or similar to the trademark, the Trademark Office shall refuse the application and shall not publish.

Eighteenth two or more than two applicants in the same kind of goods or similar goods, apply for registration of identical or similar trademarks for the preliminary examination and approval and announcement for the trademark application; the same day, the preliminary approval and announcement of the first to use the trademark, rejected the applications of the others no, to be announced.

Nineteenth of the trademark, within three months from the date of the announcement, any person may raise objections. If no objection or no objection can be established, the registration shall be approved, and the trademark registration certificate shall be issued to the public notice; if the objection is established, it shall not be approved for registration.

Twentieth the State Council administrative department for Industry and Commerce shall establish a trademark review committee, responsible for handling trademark disputes.

Twenty-first to reject the application, the trademark is not announced, the Trademark Office shall notify the applicant in writing. If the applicant is dissatisfied, he may, within fifteen days from receipt of the notification, apply for a review, and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.




Twenty-second for preliminary approval notice, trademark objection, trademark office shall listen to the opinions of the applicant state facts and grounds, after investigation and verification, make a decision. If a party refuses to accept the application, it may, within fifteen days of receipt of the notification, apply for a review, and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant and the applicant in writing.

Renewal, assignment and licensing of registered trademark of the fourth chapter

The validity of twenty-third registered trademark for ten years from the date of registration.

Twenty-fourth registered trademark expires, the need to continue to use, the registration shall be made within six months before the expiration for renewal; during this period failed to apply, can be given a grace period of six months. Spread the expiration not yet apply, the cancellation of its registered trademark. Each renewal of registration shall be ten years. Renewal of registration is approved after the announcement.

Twenty-fifth registered trademark is assigned, the assignor and the assignee shall jointly apply to the trademark office. The assignee shall guarantee the quality of the goods to which the registered trademark is to be used. After the transfer of the registered trademark has been approved, the registered trademark shall be announced.

Twenty-sixth trademark registrant may, by signing a trademark license contract, authorize another person to use its registered trademark. The Licensor shall supervise the quality of the goods to which the licensee uses the registered trademark. Licensee shall guarantee the quality of the goods to which the registered trademark is to be used. Permission to use a registered trademark of another person must indicate the name of the licensee and the origin of the goods on the goods which are used for the registered trademark. Trademark license contract shall be submitted to the Trademark Office for the record.

The fifth chapter registered trademark dispute ruling

Twenty-seventh registered trademark, in violation of this law, the provisions of article eighth, or by deception or other improper means to obtain registration, the Trademark Office to revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to revoke the registered trademark. In addition to the provisions of the preceding paragraph, a dispute over a registered trademark may, within one year from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication. The Trademark Review and Adjudication Board shall, after receiving the decision, notify the parties concerned and make a reply within a time limit.

Twenty-eighth approved for registration before and after the ruling has challenged the trademark, shall not apply to the same facts and grounds for ruling.

Twenty-ninth Trademark Review and Adjudication Board to maintain or to cancel a registered trademark after the final ruling, it shall notify the parties in writing.

The sixth chapter trademark management

The use of registered trademark thirtieth, one of the following acts, the Trademark Office shall order rectification or revoke the registered trademark:
(1) registered trademark of text and graphics, or their combination of self change;
(2) registered trademark registrant's name, address or other registered matters of self change;
(3) to the assignment of a registered trademark;
(4) for three consecutive years to stop using the.

The use of registered trademark thirty-first, the commodity shoddy, deceive consumers crudely made, and by the administrative department for Industry and commerce at various levels, shall be ordered to make corrections, and may be informed or impose a fine, and the Trademark Office shall revoke the registered trademark.

Thirty-second registered trademark is revoked or has not been renewed at the expiration, since the revocation or cancellation within one year from the date, the registration of a trademark with the trademark identical or similar application, shall not be approved.

Thirty-third in violation of this law, the provisions of article fifth, by the local administrative department for Industry and Commerce shall apply for registration, and be fined.

Thirty-fourth use unregistered trademarks, one of the following acts, by the local administrative department for Industry and Commerce shall be prohibited within a time limit, and may be informed or fined:
(1) posing as a registered trademark;
(2) in violation of this law, the provisions of article eighth;
(3) crudely made, shoddy, deceive consumers.

Thirty-fifth of the Trademark Office to revoke a registered trademark of the party concerned refuses to accept the decision, it may apply for a reexamination of the receipt of the notice within fifteen days, the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

Thirty-sixth to the administrative department for Industry and commerce according to the provisions of this Law Article thirty-first, article thirty-third, article thirty-fourth made the penalty decision, the party refuses to accept, can receive notifications within fifteen days, to the people's court; if no litigation and perform, the relevant administrative department for Industry and Commerce for the people's court for compulsory enforcement.

The seventh chapter protection of the exclusive right of registered trademark

The exclusive right to thirty-seventh registered trademark, the trademark approved for registration and approval to limit the use of commodity.

Thirty-eighth has any of the following acts shall be an infringement of registered trademark:

(1) without permission of the owner of a registered trademark, trademark identical or similar to a registered trademark on the same kind of goods or similar goods using their;

(2) knowingly selling counterfeit trademark goods;

(3) forged or made without authorization marks of a registered trademark of others or selling or manufacturing without registered trademarks;

(4) causing other damage to the registered trademark rights of others.

Thirty-ninth are listed in the thirty-eighth article of this law infringement upon the exclusive right to use a registered trademark of the infringed party may apply to the administrative department for Industry and commerce at or above the county level for treatment, the relevant administrative department for Industry and Commerce has the power to order the infringer to immediately cease infringement and to compensate the losses of the infringed, the amount of compensation for infringement in tort because of the profits obtained by the infringer or in the infringement because of the infringement damage compensation. With the infringement of the exclusive right to use a registered trademark, the administrative department for Industry and Commerce may impose a fine. Where the decision of the administrative department for Industry and Commerce shall be ordered to stop the infringement and fines, in fifteen days from receipt of the notification, bring a lawsuit to a people's court; if no litigation nor complies with the relevant administrative department for Industry and Commerce for the people's court for compulsory enforcement. To infringe upon the exclusive right of the registered trademark, the infringed may also directly to the people's court.

Fortieth counterfeited registered trademarks, which constitutes a crime, in addition to compensation for the losses suffered by the infringed, shall be investigated for criminal responsibility according to law. Counterfeiting, unauthorized manufacture of registered trademarks of others or the sale of forged, unauthorized manufacture of registered trademarks, constitute a crime, in addition to compensation for the loss of the infringed, shall be investigated for criminal responsibility. Knowingly selling goods that are counterfeit registered trademarks, constitute a crime, in addition to compensation for the loss of the infringed, shall be investigated for criminal responsibility.

The eighth chapter supplementary provisions

Forty-first application for trademark registration and the handling of other trademark matters, shall pay a fee, the specific standards of another.

The detailed rules for the implementation of article forty-second of this law, formulated by the administrative department for Industry and commerce under the State Council shall, upon approval by the state council.

Forty-third this Law shall come into force on March 1, 1983. Promulgated by the State Council in April 10, 1963, "trademark management regulations," and other relevant provisions of the trademark management, where inconsistent with the law, and at the same time. This Law shall continue to be effective in the. Supplementary provisions of the Standing Committee of the National People's Congress concerning the punishment of crimes of counterfeiting registered trademarks (through February 22, 1993 Seventh National People's Congress of the thirtieth meeting of the Standing Committee) to punish the crime of counterfeiting registered trademarks, the following supplementary provisions of the criminal law:

, an unregistered trademark owner's permission to use the same kind of goods is identical with the registered trademark trademark, a large amount of illegal gains or other serious circumstances, three years imprisonment or criminal detention, and may concurrently or exclusively be fined; huge amount of illegal income, more than three years seven years imprisonment and fined.

Two, forged or made without authorization of others registered trademarks or selling forged or made without authorization representations of a registered trademark, a large amount of illegal gains or other serious circumstances, in accordance with the provisions of the first paragraph of the first punishment.

, three enterprises and institutions before committing two crimes, it shall be fined, and the persons directly in charge and other directly responsible personnel according to the provisions of the preceding article two of the criminal responsibility.

Four, the use of national staff positions, there are enterprises and institutions listed in the provisions of the criminal act or individual intentionally protecting them from prosecution for knowingly, according to provisions of article 188th of the criminal law shall be prosecuted for criminal responsibility. Listed on the provisions of the criminal responsibility of national staff accountability, not under the law of their duties, in accordance with the criminal law in the first eighty-seven or by applying mutatis mutandis the provisions of article 188th of the criminal law shall be prosecuted for criminal responsibility.

Five, these Provisions shall come into force on July 1, 1993 implementation.