Chapter I General Provisions

Article 1 This Law is enacted for the purpose of strengthening trademark administration, protecting the exclusive right to use trademarks, encouraging producers and operators to guarantee the quality of their goods and services, maintaining trademark reputation, and protecting the interests of consumers, producers and operators, thereby promoting the development of the socialist market economy.

Article 2 The Trademark Office of the administrative department for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks nationwide.

The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks. Trademark registrants shall enjoy the exclusive right to use trademarks, which shall be protected by law.

For the purposes of this Law, “collective trademark” refers to a sign registered in the name of a group, association or any other organization for use in business by its members to indicate membership.

For the purposes of this Law, “certification trademark” refers to a sign controlled by an organization capable of supervising a particular good or service and used by entities or individuals outside the organization for their goods or services to certify the origin, materials, mode of manufacture, quality or other specific characteristics of the goods or services.

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 Any natural person, legal person or other organization that needs to obtain the exclusive right to use a trademark for its goods or services in production and business operations shall apply for trademark registration with the Trademark Office. Malicious trademark registration applications not intended for use shall be rejected.

The provisions of this Law concerning commodity trademarks shall apply to service trademarks.

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

Article 6 For goods that must use a registered trademark as prescribed by laws and administrative regulations, an application for trademark registration must be filed. Such goods may not be sold on the market before registration is approved.

Article 7 The application for registration and use of a trademark shall follow the principle of good faith.

A trademark user shall be responsible for the quality of the goods on which the trademark is used. Administrative departments for industry and commerce at all levels shall, through trademark administration, stop any acts that deceive consumers.

Article 8 Any sign capable of distinguishing the goods of a natural person, legal person or other organization from those of others, including words, devices, letters, numerals, three-dimensional signs, color combinations, sounds, and combinations of these elements, may be registered as a trademark.

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

A trademark registrant shall have the right to indicate “Registered Trademark” or a registration mark.

Article 10 The following signs may not be used as trademarks:

1. Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military song, medals, etc. of the People’s Republic of China, or with the names and signs of state organs, names of specific locations or landmark buildings;
2. Those identical with or similar to the state names, national flags, national emblems, military flags, etc. of foreign countries, except with the consent of the government of that country;
3. Those identical with or similar to the names, flags, emblems, etc. of intergovernmental international organizations, except with the consent of the organization or where it is not likely to mislead the public;
4. Those identical with or similar to official signs or inspection seals indicating control or warranty, except with authorization;
5. Those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;
6. Those having the nature of discrimination against any nationality;
7. Those constituting fraud that are likely to mislead the public regarding the quality or place of origin of the goods;
8. Those detrimental to socialist morals or customs, or having other adverse effects.

Geographical names of administrative divisions at or above the county level or foreign geographical names well-known to the public may not be used as trademarks, except where the geographical name has other meanings or constitutes part of a collective or certification trademark. Registered trademarks using geographical names shall remain valid.

Article 11 The following signs may not be registered as trademarks:

1. Those consisting solely of the generic name, design, or model number of the goods concerned;
2. Those that directly indicate the quality, primary raw materials, functions, uses, weight, quantity or other characteristics of the goods;
3. Other signs lacking distinctive characteristics.

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

Article 12 Where a three-dimensional sign is applied for trademark registration, it shall not be registered if the shape results solely from the nature of the goods, is required to obtain a technical result, or gives the goods substantive value.

Article 13 For a trademark that is well-known to the relevant public, the holder may request protection as a well-known trademark in accordance with this Law when considering its rights have been infringed.

Where a trademark applied for registration on identical or similar goods is a reproduction, imitation or translation of another’s well-known trademark not registered in China, which is likely to cause confusion, it shall be rejected and prohibited from use.

Where a trademark applied for registration on dissimilar or dissimilar goods is a reproduction, imitation or translation of another’s well-known trademark registered in China, misleading the public and potentially harming the interests of the well-known trademark registrant, it shall be rejected and prohibited from use.

Article 14 Well-known trademarks shall be determined upon the request of the parties as a fact necessary for handling trademark-related cases. The following factors shall be considered in determining well-known trademarks:

1. The degree of public recognition of the trademark in relevant sectors;
2. The duration of use of the trademark;
3. The duration, extent and geographical scope of any publicity for the trademark;
4. Records of protection of the trademark as a well-known trademark;
5. Other factors contributing to the fame of the trademark.

During trademark registration examination and investigation of trademark violations by administrative departments for industry and commerce, where a party claims rights under Article 13 of this Law, the Trademark Office may determine the fame of the trademark based on the needs of case examination and handling.

During trademark dispute resolution, where a party claims rights under Article 13 of this Law, the Trademark Review and Adjudication Board may determine the fame of the trademark based on the needs of case handling.

During the trial of trademark civil or administrative cases, where a party claims rights under Article 13 of this Law, the people’s court designated by the Supreme People’s Court may determine the fame of the trademark based on the needs of case trial.

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

Article 15 Where an agent or representative registers the principal’s or represented party’s trademark in its own name without authorization, and the principal or represented party raises an objection, registration shall be denied and use prohibited.

Where a trademark applied for registration on identical or similar goods is identical or similar to another’s prior used unregistered trademark, and the applicant has contractual, business or other relationships with that party beyond those specified in the preceding paragraph and knows the existence of that party’s trademark, registration shall be denied if that party raises an objection.

Article 16 Where a trademark contains a geographical indication of goods but the goods do not originate from the indicated region, misleading the public, registration shall be denied and use prohibited; however, trademarks registered in good faith shall remain valid.

For the purposes of the preceding paragraph, “geographical indication” means a sign indicating that a good originates from a specific region, where the quality, reputation or other characteristics of the good are determined primarily by natural or human factors of that region.

Article 17 Foreigners or foreign enterprises applying for trademark registration in China shall do so in accordance with agreements concluded between their home country and China, international treaties to which both countries are parties, or the principle of reciprocity.

Article 18 Applications for trademark registration or other trademark matters may be filed directly or through a legally established trademark agency.

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

Article 19 Trademark agencies shall follow the principle of good faith, comply with laws and administrative regulations, handle trademark registration applications or other trademark matters as entrusted; and shall keep confidential the business secrets of clients obtained during agency.

Where a trademark applied for registration by a client may fall under circumstances prohibited by this Law, the trademark agency shall clearly inform the client.

Trademark agencies shall not accept entrustment if they know or should know that the client’s trademark application falls under the circumstances specified in Articles 4, 15 and 32 of this Law.

Trademark agencies may not apply for registration of trademarks other than those for their agency services.

Article 20 Trademark agency industry organizations shall strictly implement membership admission requirements according to their charters and discipline members violating industry self-regulation. Such organizations shall promptly publish information on admitted members and disciplinary actions.

Article 21 International trademark registration shall follow the system established by relevant international treaties concluded or acceded to by China, with specific measures prescribed by the State Council.

Chapter II Application for Trademark Registration

Article 22 Trademark registration applicants shall file applications specifying the class and name of goods according to the prescribed classification table.

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

Trademark registration applications and related documents may be submitted in writing or electronically.

Article 23 Where a registered trademark needs to obtain exclusive rights for goods beyond the approved scope, a new application shall be filed.

Article 24 Where a registered trademark needs to alter its sign, a new application for registration shall be filed.

Article 25 An applicant who files an application for trademark registration in China for the same trademark on identical goods within six months after first filing in a foreign country may enjoy priority in accordance with agreements between that country and China, joint participation in international treaties, or the principle of mutual recognition of priority.

To claim priority under the preceding paragraph, a written declaration shall be made when filing the trademark application, and a copy of the first application shall be submitted within three months; failure to make the declaration or submit the copy within the time limit shall be deemed as not claiming priority.

Article 26 Where a trademark is first used on goods displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant may enjoy priority within six months from the date of exhibition.

To claim priority under the preceding paragraph, a written declaration shall be made when filing the trademark application, and supporting documents including exhibition name, evidence of trademark use and exhibition date shall be submitted within three months; failure to make the declaration or submit documents within the time limit shall be deemed as not claiming priority.

Article 27 Information and materials submitted for trademark registration shall be true, accurate and complete.

Chapter III Examination and Approval of Trademark Registration

Article 28 The Trademark Office shall complete examination of trademark applications within nine months from receipt of application documents. Applications conforming to this Law shall be preliminarily approved and published.

Article 29 During examination, the Trademark Office may require explanations or amendments. Failure to provide explanations or amendments shall not affect the examination decision.

Article 30 Applications that violate this Law or are identical/similar to prior registered/preliminarily approved trademarks on identical/similar goods shall be rejected and not published.

Article 31 For identical/similar trademarks applied by multiple applicants on identical/similar goods, the earliest application shall be preliminarily approved; for same-day applications, the earliest used trademark shall be approved, others rejected.

Article 32 Applications shall not harm others’ prior rights nor preemptively register others’ used trademarks with influence through improper means.

Article 33 Within three months of preliminary approval publication, prior rights holders or interested parties may file opposition based on Articles 13(2-3), 15, 16(1), 30, 31, 32; anyone may oppose based on Articles 4, 10, 11, 12, 19(4).

Without opposition, registration shall be approved.

Article 34 Applicants rejected may apply for review to the Trademark Review and Adjudication Board within 15 days. The Board shall decide within nine months, extendable by three months. Dissatisfied parties may sue in court within 30 days.

Article 35 For oppositions, the Trademark Office shall hear both parties and decide within 12 months after publication period, extendable by six months.

If registration approved, opponents may request invalidation under Articles 44-45. If rejected, applicants may apply for review within 15 days. The Board shall decide within 12 months, extendable by six months. Dissatisfied parties may sue in court within 30 days.

Review may be suspended if prior rights determination depends on other pending cases.

Article 36 Decisions become effective if no review or lawsuit filed within statutory period.

For registrations approved after unfounded opposition, exclusive rights commence from expiration of three-month publication period. No retroactive effect against users before registration approval, except for malicious use causing losses.

Article 37 Applications and reviews shall be examined promptly.

Article 38 Obvious errors in applications or registrations may be corrected. Corrections shall not involve substantive content.

Chapter IV Renewal, Alteration, Assignment and Licensing of Registered Trademarks

Article 39 Registered trademarks are valid for ten years from approval date.

Article 40 Renewal applications shall be filed within 12 months before expiry, with six-month grace period. Each renewal valid for ten years from previous expiry. Failure to renew results in cancellation.

Article 41 Changes in registrant name, address or other matters require alteration application.

Article 42 Assignment requires agreement and joint application. Assignee shall guarantee quality. Similar trademarks on identical/similar goods shall be assigned together.

Assignments causing confusion or adverse effects shall not be approved. Approved assignments shall be published, assignee enjoys rights from publication date.

Article 43 Licensors shall supervise quality; licensees shall guarantee quality. Licensees must indicate their name and origin on goods.

Licenses shall be filed with Trademark Office for record. Unrecorded licenses may not oppose bona fide third parties.

Chapter V Invalidation of Registered Trademarks

Article 44 Trademarks violating Articles 4, 10, 11, 12, 19(4) or registered by fraud/improper means may be invalidated by Trademark Office or upon request.

Dissatisfied parties may apply for review within 15 days. The Board shall decide within nine months, extendable by three months. Dissatisfied parties may sue in court within 30 days.

For invalidation requests, the Board shall notify parties to respond, decide within nine months (extendable by three months). Dissatisfied parties may sue in court within 30 days.

Article 45 Prior rights holders may request invalidation within five years for trademarks violating Articles 13(2-3), 15, 16(1), 30, 31, 32. No time limit for malicious registration against well-known trademarks.

The Board shall notify response, decide within 12 months (extendable by six months). Dissatisfied parties may sue in court within 30 days.

Review may be suspended if prior rights determination depends on other pending cases.

Article 46 Decisions become effective if no review or lawsuit filed within statutory period.

Article 47 Invalidated trademarks shall be published. Exclusive rights deemed non-existent ab initio.

Invalidation decisions have no retroactive effect on executed judgments, rulings, mediation agreements, administrative decisions, or fulfilled assignment/licensing contracts, except for malicious registration causing losses.

Damages, assignment fees, or licensing fees need not be returned unless manifestly violating fairness.

Chapter VI Administration of Trademark Use

Article 48 Trademark use refers to use on goods, packaging, containers, transaction documents, advertising, exhibitions or other commercial activities to identify source.

Article 49 Altering registered trademarks or registrant information without approval may lead to cancellation after correction order.

Trademarks becoming generic names or unused for three years may be cancelled upon application. The Trademark Office shall decide within nine months, extendable by three months.

Article 50 For one year after cancellation, invalidation or expiry, identical/similar trademark applications shall not be approved.

Article 51 Violating Article 6 (unregistered compulsory trademarks): correction order; fines up to 20% of illegal business revenue (min. ¥10,000 if revenue <¥50,000).

Article 52 Passing off unregistered trademarks as registered or violating Article 10: correction order, notice; fines up to 20% of illegal revenue (min. ¥10,000 if revenue <¥50,000).

Article 53 Using “well-known trademark” commercially: correction order, ¥100,000 fine.

Article 54 Dissatisfied parties may apply for review of cancellation decisions within 15 days. The Board shall decide within nine months, extendable by three months. Dissatisfied parties may sue in court within 30 days.

Article 55 Cancellation decisions become effective if no review or lawsuit filed. Cancelled trademarks shall be published; rights terminate from publication date.

Chapter VII Protection of the Exclusive Right to Use Registered Trademarks

Article 56 Exclusive rights are limited to approved trademarks and goods.

Article 57 Infringements include:

1. Using identical trademark on identical goods without permission;
2. Using similar trademark on identical/similar goods causing confusion;
3. Selling infringing goods;
4. Counterfeiting or selling counterfeit labels;
5. Replacing registered trademark and reselling goods;
6. Intentionally facilitating infringement;
7. Other harms to exclusive rights.

Article 58 Using registered or well-known unregistered trademarks as trade names misleading public constitutes unfair competition.

Article 59 No right to prohibit fair use of generic elements, descriptive terms, or geographical names in registered trademarks.

No right to prohibit fair use of functional three-dimensional shapes.

Prior users with influence may continue use within original scope but may be required to add distinguishing marks.

Article 60 Disputes may be resolved through negotiation, litigation, or administrative handling.

Administrative penalties: cease infringement, confiscate/destroy infringing goods/tools; fines up to 5x illegal revenue (max. ¥250,000 if revenue <¥50,000). Repeat offenders severely punished.

Sellers unaware of infringement proving legitimate acquisition exempt from liability.

Compensation disputes may be mediated or litigated.

Article 61 Administrative departments shall investigate infringements; transfer suspected crimes to judicial authorities.

Article 62 Administrative authorities may exercise powers including inquiry, document inspection, on-site inspection, seizure of infringing goods.

Parties shall cooperate. Cases may be suspended during ownership disputes or litigation.

Article 63 Compensation based on actual loss, infringer’s profit, or trademark license fee multiple. Malicious infringement: 1-5x determined amount. Includes reasonable expenses.

Courts may order infringers to provide accounts; may determine compensation based on claimant’s evidence if accounts withheld.

Maximum compensation ¥5 million if loss/profit/license fee indeterminable.

Courts may order destruction of counterfeit goods/tools without compensation.

Counterfeit goods may not enter commerce after mere removal of counterfeit mark.

Article 64 Infringers may claim defense of non-use; registrants must prove use within previous three years or other losses.

Sellers unaware of infringement proving legitimate acquisition exempt from compensation.

Article 65 Pre-litigation injunctions and property preservation available for imminent infringement.

Article 66 Pre-litigation evidence preservation available.

Article 67 Criminal liability for:

1. Using identical registered trademark on identical goods;
2. Counterfeiting or selling counterfeit labels;
3. Selling goods knowing counterfeit.

Article 68 Penalties for trademark agencies:

1. Forging documents;
2. Unfair solicitation or disruption;
3. Violating Articles 4, 19(3-4).

Fines: agencies ¥10,000-¥100,000; responsible persons ¥5,000-¥50,000. Criminal liability if applicable. Credit records; severe cases may lead to suspension of agency business.

Violating good faith: civil liability + industry discipline.

Malicious applications: warnings, fines. Malicious litigation: court penalties.

Article 69 Staff shall enforce laws impartially, maintain integrity, be duty-bound, and serve courteously.

Staff may not engage in trademark agency or production/business operations.

Article 70 Internal supervision systems shall be established.

Article 71 Staff misconduct: criminal liability if crime constituted; administrative sanctions otherwise.

Chapter VIII Supplementary Provisions

Article 72 Fees shall be paid for applications and other matters; specific standards separately prescribed.

Article 73 This Law shall enter into force on March 1, 1983. The Trademark Administration Regulations promulgated by the State Council on April 10, 1963 are simultaneously repealed; other trademark regulations conflicting with this Law are simultaneously void.

Trademarks registered before this Law’s implementation remain valid.