This Law is enacted for the purposes of protecting the exclusive right to use registered trademarks, strengthening trademark administration, regulating the registration and use of trademarks, encouraging producers and operators to guarantee the quality of goods and services, maintaining trademark reputation, safeguarding the interests of consumers, producers and operators, and promoting the sound development of the socialist market economy.

For the purposes of this Law, the term “trademark” means a sign that is used to identify and distinguish the source of goods or services, including goods trademarks and service trademarks. The provisions of this Law concerning goods trademarks shall apply to service trademarks.

For the purposes of this Law, “use of a trademark” means the act of using a trademark on goods, on the packaging or containers of goods, or on transaction documents of goods, or using the trademark in advertising, exhibitions, and other commercial activities, for the purpose of identifying and distinguishing the source of goods.

The use of a trademark as referred to in the preceding paragraph includes use through the Internet or other information networks.

Trademark work shall implement the strategic arrangements of the Party and the State regarding intellectual property, and enhance the levels of trademark protection, utilization, administration and services.

The trademark administration authority of the State Council shall be responsible for the registration and administration of trademarks nationwide. The departments responsible for trademark administration work at or above the county level shall be responsible for trademark administration within their respective administrative areas.

The departments at or above the county level that have the function of trademark law enforcement shall be responsible for trademark law enforcement within the scope of their duties and powers.

The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement shall establish working mechanisms to strengthen information sharing and work coordination.

A trademark registered with the approval of the trademark administration authority of the State Council is a registered trademark. The registrant of the trademark has the right to indicate “Registered Trademark” or a registration mark, enjoys the exclusive right to use the registered trademark, and is protected by law.

Any natural person, legal person or unincorporated organization that, in the course of production and business activities, needs to obtain the exclusive right to use a registered trademark for its goods or services shall apply to the trademark administration authority of the State Council for trademark registration.

For the purposes of this Law, “collective mark” means a sign registered in the name of a social organization such as an industry association or other organization, for use by the members of that organization in commercial activities, to indicate the membership of the user in that organization.

For the purposes of this Law, “certification mark” means a sign controlled by an organization having the ability to supervise certain goods or services, and used by entities or individuals other than that organization on their goods or services, to certify the origin, raw materials, manufacturing method, quality or other specific characteristics of the goods or services.

Special matters concerning the registration and administration of collective marks and certification marks shall be prescribed by the trademark administration authority of the State Council.

Two or more natural persons, legal persons or unincorporated organizations may jointly apply to the trademark administration authority of the State Council for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the registered trademark.

Where laws or administrative regulations require that a registered trademark be used for certain goods, an application for trademark registration shall be filed, and the goods shall not be sold on the market without approval of registration.

In applying for registration and using a trademark, the principle of good faith shall be followed, and rights shall not be abused to harm the national interest, public interest or the lawful rights and interests of others.

Users of a trademark shall be responsible for the quality of the goods on which the trademark is used. The departments at all levels responsible for trademark administration and trademark law enforcement shall strengthen trademark administration and law enforcement in accordance with law, and stop acts that deceive consumers.

Applications for trademark registration or other trademark matters may be handled by the applicant itself or by a trademark agency established in accordance with law.

Foreigners, foreign enterprises or other foreign organizations applying for trademark registration in China shall do so in accordance with the agreement concluded between the country to which they belong and the People’s Republic of China, or in accordance with the international treaties to which both are parties, or on the principle of reciprocity.

Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a trademark agency established in accordance with law to handle their applications for trademark registration and other trademark matters in China.

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.

The trademark administration authority of the State Council shall strengthen the construction of an informatized and intelligent public service system for trademarks, improve the convenience of trademark handling, publish trademark information completely, accurately and in a timely manner, and enhance the level of trademark information services and administration.

Any sign that is capable of distinguishing the goods of a natural person, legal person or unincorporated organization from the goods of others, including words, designs, letters, numerals, three-dimensional marks, color combinations, sounds, motion marks, etc., and combinations of the aforesaid elements, may be applied for registration as a trademark.

The following signs shall not be used or registered as trademarks:

• (1) Those identical with or similar to the name, flag, emblem, medal of the Communist Party of China, or landmark elements related to important theoretical achievements or historical events;
• (2) Those identical with or similar to the name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medal, etc. of the People’s Republic of China, as well as those identical with the names, symbols, names of specific locations of central state organs, or names or designs of landmark buildings;
• (3) Those identical with or similar to the names, national flags, national emblems, military flags, etc. of foreign countries, except with the consent of the government of that country;
• (4) Those identical with or similar to the names, flags, emblems, etc. of intergovernmental international organizations, except with the consent of that organization or where not likely to mislead the public;
• (5) Those identical with or similar to official signs or inspection marks indicating control or guarantee, except where authorized;
• (6) Those identical with or similar to the names or symbols of the “Red Cross” or “Red Crescent”;
• (7) Those containing ethnic discrimination;
• (8) Those being deceptive and liable to cause the public to be misled as to the quality, workmanship, raw materials, place of origin or other characteristics of the goods;
• (9) Those contrary to public order and good customs or having other adverse effects.

Names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used or registered as trademarks. However, this shall not apply where the geographical name has other meanings or is part of a collective mark or certification mark; registered trademarks using geographical names shall remain valid.

The registration and use of national park symbols, Olympic symbols, special symbols and other signs as trademarks shall be subject to this Law and other relevant laws and administrative regulations.

A trademark applying for registration shall have distinctive character and be readily distinguishable. The following signs shall not be registered as trademarks:

• (1) Those consisting only of the generic name, design or model number of the goods in question;
• (2) Those consisting only of a direct indication of the quality, main raw materials, function, use, weight, quantity or other characteristics of the goods;
• (3) Others lacking distinctive character.

Signs listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive character through use and are readily distinguishable.

Where a three-dimensional mark, color combination, sound, motion mark, etc. is applied for registration as a trademark, the shape, color combination, sound, motion effect, etc. that is inherent to the nature of the goods themselves, or that is necessary to achieve a technical effect, or that gives substantial value to the goods, shall not be registered as a trademark.

Applications for trademark registration that are not for the purpose of use and that clearly exceed the normal needs of production and operation shall not be registered.

Applications for trademark registration shall not be made by deceptive or other improper means.

An applied-for trademark shall not be identical with or similar to a trademark that has already been registered by another person or that has been previously applied for by another person in respect of the same or similar goods.

Where an applied-for trademark in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark of another person that has not been registered in China and is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Where an applied-for trademark in respect of goods that are not identical with or similar to the goods of a well-known trademark is a reproduction, imitation or translation of the well-known trademark of another person, and is liable to mislead the public and cause harm to the interests of the holder of the well-known trademark, it shall not be registered and its use shall be prohibited.

Without authorization, where an agent or representative registers in its own name the trademark of the principal or represented party, and the principal or represented party raises an objection, the registration shall not be granted and its use shall be prohibited.

Where an applied-for trademark in respect of the same or similar goods is identical with or similar to an unregistered trademark previously used by another person, and the applicant has a relationship with that other person other than as provided in the preceding paragraph, such as a contractual, business or other relationship, and is aware of the existence of that other person’s trademark, and that other person raises an objection, the registration shall not be granted.

Where a trademark contains a geographical indication of goods but the goods do not originate from the region indicated by the mark and are liable to mislead the public, the trademark shall not be registered and its use shall be prohibited; however, where registration has been obtained in good faith, the registration shall remain valid.

The term “geographical indication” as used in the preceding paragraph means a sign that indicates that the goods originate from a certain region, and that the specific quality, reputation or other characteristics of the goods are essentially attributable to the natural or human factors of that region.

An application for trademark registration shall not prejudice the existing prior lawful rights of others, nor shall it be made with the intention of pre-emptively registering a trademark that another person has already used and has acquired a certain degree of influence.

A trademark agency shall not apply for registration of any trademark other than those for its own agency services.

An applicant for trademark registration shall, in accordance with the prescribed classification of goods, fill in the classes of goods and the names of the goods on which the trademark is to be used, and file an application for registration.

An applicant for trademark registration may, by filing a single application, apply for registration of the same trademark for goods in multiple classes.

Documents such as applications for trademark registration shall be submitted in written form. Data messages that can tangibly express the content contained therein and can be retrieved and consulted at any time, such as those exchanged by electronic means, shall be deemed to be written form.

Where a registered trademark is to be used on goods beyond the scope of goods for which it is approved for use, a separate application for registration shall be filed.

Where a registered trademark needs to be altered in its sign, a new application for registration shall be filed.

Where an applicant for trademark registration has first filed an application for registration of the same trademark in respect of the same goods in a foreign country within six months prior to the date of filing an application in China, the applicant may claim priority in accordance with the agreement concluded between that foreign country and China, or in accordance with the international treaties to which both are parties, or in accordance with the principle of mutual recognition of priority.

Where 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 first filed application for trademark registration shall be submitted within three months; failure to make the written declaration or to submit the copy of the trademark registration application within the time limit shall be deemed as not claiming priority.

Where a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of that trademark may claim priority within six months from the date of exhibition of the goods.

Where 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 within three months, proof documents such as the name of the exhibition where the goods were exhibited, evidence of the use of the trademark on the exhibited goods, and the date of exhibition shall be submitted; failure to make the written declaration or to submit the proof documents within the time limit shall be deemed as not claiming priority.

The matters and materials submitted for the purpose of applying for trademark registration shall be truthful, accurate and complete.

The trademark administration authority of the State Council shall complete examination of an application for trademark registration within nine months from the date of receipt of the application documents. If the application complies with the relevant provisions of this Law, it shall be published for preliminary approval.

During the examination process, where the trademark administration authority of the State Council considers that the content of the application for trademark registration needs to be explained or amended, it may require the applicant to make an explanation or amendment. The failure of the applicant to make an explanation or amendment shall not affect the examination decision of the trademark administration authority of the State Council.

Where an applied-for trademark does not comply with the relevant provisions of this Law, the trademark administration authority of the State Council shall reject the application and shall not publish it.

Where two or more applicants apply for registration of identical or similar trademarks for the same or similar goods, the trademark that has been applied for earlier shall be preliminarily examined and published; where applications are filed on the same day, the trademark that has been used earlier shall be preliminarily examined and published, and the applications of the others shall be rejected and shall not be published.

With respect to a trademark published for preliminary approval, within two months from the date of publication, any prior right holder or interested party who considers that the publication violates the provisions of Articles 20 to 22, Article 23, paragraph 1, or Article 24 of this Law, or any person who considers that the publication violates the provisions of Article 15, Article 16, paragraph 1, Articles 17 to 19, or Article 25 of this Law, may file an opposition with the trademark administration authority of the State Council. Where no opposition is filed upon expiry of the publication period, the trademark shall be approved for registration, a certificate of trademark registration shall be issued, and the registration shall be published.

Where an application is rejected and the trademark is not published, the trademark administration authority of the State Council shall notify the applicant in writing. If the applicant is dissatisfied, it may, within fifteen days from the date of receipt of the notification, apply to the trademark administration authority of the State Council for a review. The trademark administration authority of the State Council shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. Where special circumstances require an extension, the extension may be granted for up to three months with the approval of the person in charge of the trademark administration authority of the State Council. If the party is dissatisfied with the review decision, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification.

Where an opposition is filed against a trademark published for preliminary approval, the trademark administration authority of the State Council shall hear the statements of facts and reasons of the opponent and the opposed party, and after investigation and verification, shall make a decision within twelve months from the expiry of the publication period as to whether to approve the registration, and shall notify the opponent and the opposed party in writing. Where special circumstances require an extension, the extension may be granted for up to six months with the approval of the person in charge of the trademark administration authority of the State Council.

Where the trademark administration authority of the State Council makes a decision to approve the registration, it shall issue a certificate of trademark registration and publish the registration. If the opponent is dissatisfied, it may request the trademark administration authority of the State Council to declare the registered trademark invalid in accordance with Articles 50 and 51 of this Law.

Where the trademark administration authority of the State Council makes a decision not to approve the registration, and the opposed party is dissatisfied, it may, within fifteen days from the date of receipt of the notification, apply for a review. The trademark administration authority of the State Council shall make a review decision within twelve months from the date of receipt of the application and notify the opponent and the opposed party in writing. Where special circumstances require an extension, the extension may be granted for up to six months with the approval of the person in charge of the trademark administration authority of the State Council. If the opposed party is dissatisfied with the review decision, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification. The people’s court shall notify the opponent to participate in the proceedings as a third party.

Where, upon expiry of the statutory time limit, a party does not apply for a review of the rejection decision or the non-approval decision made by the trademark administration authority of the State Council, or does not bring a lawsuit before the people’s court against the review decision, the rejection decision, the non-approval decision or the review decision shall become effective.

Where a trademark is approved for registration after examination of the opposition and the opposition is not sustained, the time from which the applicant for trademark registration obtains the exclusive right to use the registered trademark shall be calculated from the date of expiry of the two-month publication period for preliminary approval. From the date of expiry of the publication period of the trademark until the date of the decision to approve the registration, the act of using a sign identical with or similar to the trademark on the same or similar goods by another person shall have no retroactive effect; however, compensation shall be paid for the losses caused to the trademark registrant by the malicious act of the user.

The trademark administration authority of the State Council shall conduct examination of applications for trademark registration and applications for review of trademarks in a timely manner.

An applicant may withdraw the matters referred to in the preceding paragraph.

In the course of hearing opposition cases, review of rejection, review of non-approval and invalidation cases, where the determination of the prior rights involved must be based on the outcome of another case being heard by a people’s court or being handled by an administrative authority, the examination and hearing may be suspended. After the cause for suspension is eliminated, the examination and hearing procedures shall be resumed in a timely manner.

Where an applicant for trademark registration or a registrant discovers that there is an obvious error in the application documents or registration documents, it may apply for correction. The trademark administration authority of the State Council shall, within the scope of its functions and powers, make corrections and notify the party concerned.

The correction of errors referred to in the preceding paragraph shall not involve the substantive content of the trademark application documents or registration documents.

The term of validity of a registered trademark shall be ten years, calculated from the date of approval of registration.

Where a registered trademark needs to be used after the expiry of its term of validity, the registrant shall go through the renewal procedures within twelve months before the expiry. If renewal is not completed within that period, a grace period of six months may be granted. The term of validity of each renewal of registration shall be ten years, calculated from the day following the expiry of the previous term of validity. If renewal procedures are not completed upon expiry of the grace period, the registered trademark shall be cancelled.

The trademark administration authority of the State Council shall publish the renewed registered trademarks.

Where a registered trademark needs to change the name, address or other registration particulars of the registrant, an application for change shall be filed.

To assign a registered trademark, the assignor and the assignee shall enter into an assignment agreement and jointly file an application with the trademark administration authority of the State Council. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

When assigning a registered trademark, the registrant shall assign together all its identical or similar trademarks registered in respect of the same goods, and all its identical or similar trademarks registered in respect of similar goods.

Where an assignment is likely to cause confusion or has other adverse effects, the trademark administration authority of the State Council shall not approve it, and shall notify the applicants in writing and state the reasons.

After the assignment of a registered trademark is approved, it shall be published. The assignee shall enjoy the exclusive right to use the registered trademark from the date of publication.

When assigning a collective mark or a certification mark, the assignee shall have the appropriate subject qualification and supervisory capacity.

Where a registrant applies for cancellation of its registered trademark or cancellation of the registration of the trademark on some of the designated goods, and the cancellation is approved by the trademark administration authority of the State Council, it shall be published; the exclusive right to use the registered trademark, or the exclusive right to use the registered trademark on the designated goods in question, shall terminate from the date of publication.

Where a registrant applies for cancellation of its registered trademark, within one year from the date of the cancellation publication, the trademark administration authority of the State Council shall not approve any application by another person for registration of a trademark identical with or similar to the cancelled trademark in respect of the same or similar goods.

Where a registered trademark violates the provisions of Article 15, Article 16, paragraph 1, Articles 17 to 19, or Article 25 of this Law, the trademark administration authority of the State Council shall declare the registered trademark invalid; other entities or individuals may request the trademark administration authority of the State Council to declare the registered trademark invalid.

Where the trademark administration authority of the State Council makes a decision to declare a registered trademark invalid, it shall notify the party concerned in writing. If the party is dissatisfied, it may, within fifteen days from the date of receipt of the notification, apply for a review. The trademark administration authority of the State Council shall make a decision within nine months from the date of receipt of the application and notify the party in writing. Where special circumstances require an extension, the extension may be granted for up to three months with the approval of the person in charge of the trademark administration authority of the State Council. If the party is dissatisfied with the review decision, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification.

Where other entities or individuals request the trademark administration authority of the State Council to declare a registered trademark invalid, the trademark administration authority of the State Council, upon receipt of the request, shall notify the relevant parties in writing and require them to submit a defense within a time limit. The trademark administration authority of the State Council shall, within nine months from the date of receipt of the request, make a ruling either to maintain the registered trademark or to declare it invalid, and notify the parties in writing. Where special circumstances require an extension, the extension may be granted for up to three months with the approval of the person in charge of the trademark administration authority of the State Council. If a party is dissatisfied with the ruling of the trademark administration authority of the State Council, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification. The people’s court shall notify the other party to the trademark ruling proceedings to participate as a third party.

Where a registered trademark violates the provisions of Articles 20 to 22, Article 23, paragraph 1, or Article 24 of this Law, within five years from the date of registration of the trademark, the prior right holder or interested party may request the trademark administration authority of the State Council to declare the registered trademark invalid. For malicious registration, the holder of a well-known trademark shall not be subject to the five-year time limit.

Upon receipt of an application for declaring a registered trademark invalid, the trademark administration authority of the State Council shall notify the relevant parties in writing and require them to submit a defense within a time limit. The trademark administration authority of the State Council shall, within twelve months from the date of receipt of the application, make a ruling either to maintain the registered trademark or to declare it invalid, and notify the parties in writing. Where special circumstances require an extension, the extension may be granted for up to six months with the approval of the person in charge of the trademark administration authority of the State Council. If a party is dissatisfied with the ruling of the trademark administration authority of the State Council, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification. The people’s court shall notify the other party to the trademark ruling proceedings to participate as a third party.

Where, upon expiry of the statutory time limit, a party does not apply for a review of the decision of the trademark administration authority of the State Council declaring a registered trademark invalid, or does not bring a lawsuit before the people’s court against the review decision or the ruling maintaining or declaring the registered trademark invalid, the decision or ruling of the trademark administration authority of the State Council shall become effective.

A registered trademark declared invalid in accordance with Articles 50 and 51 of this Law shall be published by the trademark administration authority of the State Council, and the exclusive right to use the registered trademark shall be deemed to have never existed from the very beginning.

The decision or ruling declaring a registered trademark invalid shall have no retroactive effect on judgments, rulings or mediation documents in trademark infringement cases that have been rendered and enforced by a people’s court before the declaration of invalidity, on decisions in trademark infringement cases that have been rendered and enforced by the department responsible for trademark law enforcement, or on trademark assignment or licensing contracts that have been performed. However, compensation shall be paid for losses caused to others by the malicious act of the trademark registrant.

Where, in accordance with the preceding paragraph, the non-repayment of trademark infringement compensation, trademark assignment fees or trademark licensing fees is manifestly contrary to the principle of fairness, all or part of such amounts shall be returned.

Where an applicant for trademark registration commits any of the following acts of malicious application for trademark registration, causing adverse effects, the department responsible for trademark law enforcement shall give a warning and may impose a fine of not more than 100,000 yuan:

• (1) Knowing that the sign violates the provisions of Article 15 or Article 16, paragraph 1, of this Law, still applying for registration of the sign as a trademark;
• (2) Applying for trademark registration in violation of Article 19 of this Law;
• (3) Intentionally applying for trademark registration in violation of Articles 21, 22 or 24 of this Law.

A trademark registrant may use the trademark itself or, by entering into a trademark license contract, license others to use its registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses the registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used. Where the licensee fails to fulfill its quality guarantee obligations, the licensor has the right to terminate the trademark license contract.

Where a registered trademark is used under license, the name of the licensee and the place of origin of the goods shall be indicated on the goods on which the registered trademark is used.

Where a registered trademark is licensed for use by others, the licensor shall file the trademark license with the trademark administration authority of the State Council for record, and the trademark administration authority of the State Council shall publish it. A trademark license that is not recorded shall not be effective against a bona fide third party.

Where a registered trademark is used in a manner that misleads the public, the department responsible for trademark law enforcement shall order correction within a time limit; if the illegal business turnover is 50,000 yuan or more, a fine of not more than five times the illegal business turnover may be imposed; if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If correction is not made within the time limit, the trademark administration authority of the State Council shall cancel the registered trademark.

Where, in the course of using a registered trademark, the registrant changes the registered trademark, the name, address or other registration particulars of the registrant without authorization, the department responsible for trademark law enforcement shall order correction within a time limit; if correction is not made within the time limit, a fine of not more than 50,000 yuan shall be imposed; if the circumstances are serious, the trademark administration authority of the State Council shall cancel the registered trademark.

Where a registered trademark has become the generic name of the goods for which it is approved for use, or where the registered trademark has not been used for three consecutive years without justifiable reason, any entity or individual may apply to the trademark administration authority of the State Council for cancellation of the registered trademark. The trademark administration authority of the State Council shall make a decision within nine months from the date of receipt of the application. Where special circumstances require an extension, the extension may be granted for up to three months with the approval of the person in charge of the trademark administration authority of the State Council.

Where a registered trademark falls under the circumstances referred to in the preceding paragraph, the trademark administration authority of the State Council may cancel the registered trademark. The specific measures shall be prescribed by the trademark administration authority of the State Council.

Where a party is dissatisfied with the decision of the trademark administration authority of the State Council to cancel or not to cancel a registered trademark, it may, within fifteen days from the date of receipt of the notification, apply to the trademark administration authority of the State Council for a review. The trademark administration authority of the State Council shall make a decision within nine months from the date of receipt of the application and notify the party in writing. Where special circumstances require an extension, the extension may be granted for up to three months with the approval of the person in charge of the trademark administration authority of the State Council. If the party is dissatisfied with the review decision, it may bring a lawsuit before the people’s court within thirty days from the date of receipt of the notification.

Where, upon expiry of the statutory time limit, a party does not apply for a review of the decision of the trademark administration authority of the State Council to cancel the registered trademark, or does not bring a lawsuit before the people’s court against the review decision, the decision to cancel the registered trademark or the review decision shall become effective.

A cancelled registered trademark shall be published by the trademark administration authority of the State Council, and the exclusive right to use the registered trademark shall terminate from the date of publication.

Where a registrant of a collective mark or a certification mark commits any of the following acts, the department responsible for trademark law enforcement shall order correction within a time limit; if correction is not made within the time limit, a fine of not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 10,000 yuan and not more than 100,000 yuan shall be imposed:

• (1) Being negligent in exercising trademark management duties, causing harm to consumers;
• (2) The registrant of a collective mark, without justifiable reason, refusing to allow its members to use the collective mark, or the registrant of a certification mark, without justifiable reason, refusing to license qualified applicants to use the certification mark;
• (3) Violating this Law, relevant administrative regulations and provisions of the State in exercising the exclusive right to use a registered trademark, causing adverse effects.

Where a person violates the provisions of Article 8 of this Law, the department responsible for trademark law enforcement shall order the filing of an application for registration within a time limit; if the illegal business turnover is 50,000 yuan or more, a fine of not more than 20 percent of the illegal business turnover may be imposed; if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 15 or Article 16, paragraph 1, of this Law, the department responsible for trademark law enforcement shall order correction within a time limit; if the illegal business turnover is 50,000 yuan or more, a fine of not more than 20 percent of the illegal business turnover may be imposed; if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

A trademark that is well known to the relevant public, where the holder considers that its rights are being infringed, may request protection as a well-known trademark in accordance with the provisions of this Law.

In the course of examining and hearing trademark registration, investigating and handling trademark violations or unfair competition cases, where a party claims rights in accordance with law, the trademark administration authority of the State Council may, according to the needs of handling the case, confirm the well-known status of the trademark.

In the course of hearing trademark civil cases, trademark administrative cases or unfair competition cases, where a party claims rights in accordance with law, the people’s court designated by the Supreme People’s Court may, according to the needs of hearing the case, confirm the well-known status of the trademark.

The well-known status of a trademark shall be confirmed as a fact that needs to be established in handling cases involving trademarks, upon the request of the party. The following factors shall be comprehensively considered in confirming the well-known status of a trademark:

• (1) The degree of awareness of the trademark among the relevant public;
• (2) The duration, manner and geographical scope of use of the trademark;
• (3) The duration, extent and geographical scope of any publicity of the trademark;
• (4) The record of protection of the trademark, especially as a well-known trademark;
• (5) Other factors evidencing the well-known status of the trademark.

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

Whoever violates the provisions of the preceding paragraph shall be ordered to make corrections by the department responsible for trademark law enforcement and shall be subject to a fine of not more than 100,000 yuan.

Trademark agencies and trademark practitioners shall follow the principle of good faith, comply with laws and administrative regulations, abide by professional ethics and practice discipline, fulfill their duties of diligence and care, safeguard the lawful rights and interests of their clients, and shall not commit or assist clients in committing acts that harm the national interest, public interest or the lawful rights and interests of others.

A trademark agency shall handle applications for trademark registration or other trademark matters in accordance with the client’s instructions; it shall have a duty of confidentiality with respect to the client’s trade secrets learned in the course of agency; where the trademark applied for by the client may have circumstances under which registration is not permitted under this Law, the trademark agency shall clearly inform the client.

A trademark practitioner shall undertake trademark agency business as assigned by the trademark agency and shall not accept the engagement on its own. A trademark practitioner shall not engage in trademark agency business in two or more trademark agencies at the same time. A trademark practitioner shall be responsible for the trademark agency business handled under its signature.

A trademark agency shall report the relevant information of the agency and its trademark practitioners to the trademark administration authority of the State Council for record. The departments at all levels responsible for trademark administration and trademark law enforcement shall strengthen the administration of trademark agencies and trademark practitioners.

The trademark agency industry organization is a self-regulatory organization of the trademark agency industry.

The trademark agency industry organization shall, in accordance with its articles of association, strictly enforce the conditions for admitting members, strengthen industry self-discipline, formulate industry self-discipline norms and disciplinary rules, carry out business training and professional ethics and practice discipline education, organize and guide members to engage in trademark agency business in accordance with laws and regulations, continuously improve the level of industry services, and impose disciplinary sanctions on members who violate industry self-discipline norms. The trademark agency industry organization shall promptly publish to the public information on its admission of members and the imposition of disciplinary sanctions.

Where a trademark agency commits any of the following acts, the department responsible for trademark law enforcement shall order correction within a time limit and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 100,000 yuan and not more than 200,000 yuan shall be imposed; the directly responsible managers and other directly responsible personnel shall be given a warning and a fine of not less than 5,000 yuan and not more than 50,000 yuan; if the circumstances are serious, a fine of not less than 50,000 yuan and not more than 100,000 yuan shall be imposed:

• (1) In the course of handling trademark matters, forging, altering or using forged or altered legal documents, seals or signatures;
• (2) Soliciting trademark agency business by means of fraud, inducement or defamation of other trademark agencies;
• (3) Accepting the engagement of both parties with conflicting interests in the same trademark case;
• (4) Knowing or having reason to know that the trademark applied for registration by the client falls under the circumstances provided for in Article 15, Article 16, paragraph 1, Article 19, Article 21, Article 22 or Article 24 of this Law, and still accepting the engagement;
• (5) Violating Article 25 of this Law or having the circumstances provided for in Article 54 of this Law;
• (6) Disrupting the order of the trademark agency market by other improper means.

Where a trademark agency commits any of the acts referred to in the preceding paragraph, and the circumstances are serious, the trademark administration authority of the State Council may decide to cease accepting its trademark agency business and make a public announcement.

Where a trademark agency fails to file for record in accordance with law, the department responsible for trademark law enforcement shall order correction within a time limit; if correction is not made within the time limit, a fine of not less than 10,000 yuan and not more than 50,000 yuan shall be imposed.

Where a trademark agency violates the principle of good faith and fails to fulfill its duties of diligence and care, thereby infringing upon the lawful interests of the client, it shall bear civil liability in accordance with law and shall be subject to disciplinary sanctions by the trademark agency industry organization in accordance with its articles of association.

Where a trademark practitioner commits any of the following acts, the department responsible for trademark law enforcement shall order correction within a time limit, give a warning, and impose a fine of not less than 5,000 yuan and not more than 50,000 yuan; if the circumstances are serious, a fine of not less than 50,000 yuan and not more than 100,000 yuan shall be imposed:

• (1) Accepting the engagement on its own to handle trademark agency business;
• (2) Engaging in trademark agency business in two or more trademark agencies at the same time;
• (3) Other acts seriously disrupting the order of the trademark agency market.

Where, in the course of examining and hearing overseas trademark registrations or handling trademark cases, it is necessary to prove that a trademark is well known to the relevant public in China, upon the request of the party, the trademark administration authority of the State Council may confirm the well-known status of the trademark in accordance with Article 63 of this Law.

Where a person handles overseas trademark registration applications or other trademark matters for a client in China by fraudulent or other improper means, thereby harming the interests of the client or the national interest, public interest or the lawful rights and interests of others, the matter shall be dealt with and punished in accordance with Article 67 of this Law.

With respect to acts such as using a registered trademark in a manner that misleads the public and infringing the exclusive right to use a registered trademark, any entity or individual has the right to file a complaint or report with the department responsible for trademark administration or trademark law enforcement.

The exclusive right to use a registered trademark shall be limited to the registered trademark and the goods for which it is approved for use.

The following acts shall constitute infringement of the exclusive right to use a registered trademark:

• (1) Using, without the authorization of the trademark registrant, a trademark identical with the registered trademark on the same goods;
• (2) Using, without the authorization of the trademark registrant, a trademark similar to the registered trademark on the same goods, or using a trademark identical with or similar to the registered trademark on similar goods, in a manner likely to cause confusion;
• (3) Selling goods that infringe the exclusive right to use a registered trademark;
• (4) Counterfeiting or making without authorization the identification marks of another person’s registered trademark, or selling counterfeit or unauthorizedly made identification marks of a registered trademark;
• (5) Without the consent of the trademark registrant, replacing the registered trademark and putting the goods with the replaced trademark back on the market;
• (6) Intentionally providing facilities for the infringement of another person’s exclusive right to use a registered trademark, and assisting others in committing acts of infringement of the exclusive right to use a registered trademark;
• (7) Otherwise causing damage to another person’s exclusive right to use a registered trademark.

Where a registered trademark contains the generic name, design or model number of the goods in question, or directly indicates the type, nature, quality, main raw materials, function, use, weight, quantity, value, geographical origin or other characteristics of the goods, or contains a geographical name, the owner of the exclusive right to use the registered trademark shall not have the right to prohibit others from using it legitimately.

Where a three-dimensional mark, color combination, sound, motion mark or other registered trademark contains a shape, color combination, sound, motion effect, etc. that is inherent to the nature of the goods themselves, that is necessary to achieve a technical effect, or that gives substantial value to the goods, the owner of the exclusive right to use the registered trademark shall not have the right to prohibit others from using it legitimately.

Where a registered trademark is used only to indicate the use, applicable objects, application scenarios or other information of the goods provided, or to indicate the true source, the owner of the exclusive right to use the registered trademark shall not have the right to prohibit others from using it legitimately, unless it is likely to cause confusion.

Where, prior to the date on which the trademark registrant applies for registration of a trademark, another person has already used, on the same or similar goods, a trademark identical with or similar to the registered trademark and has acquired a certain degree of influence, the owner of the exclusive right to use the registered trademark shall not have the right to prohibit that user from continuing to use the trademark within the original scope of use, but may require the user to attach appropriate distinguishing marks.

Where one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 72 of this Law gives rise to a dispute, the parties shall settle it through negotiation; where negotiation is unwilling or fails, the trademark registrant or interested party may bring a lawsuit before the people’s court or request the department responsible for trademark law enforcement to handle the matter.

Where the department responsible for trademark law enforcement, in handling the matter, determines that the infringement is established, it shall order the immediate cessation of the infringing act, confiscate the infringing goods and the tools mainly used to manufacture the infringing goods and to counterfeit the registered trademark identification marks; if the illegal business turnover is 50,000 yuan or more, a fine of not more than five times the illegal business turnover may be imposed; if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where a person has committed two or more trademark infringements within five years or has other serious circumstances, a heavier punishment shall be imposed. Where a person sells goods that are not known to infringe the exclusive right to use a registered trademark, but can prove that the goods were lawfully obtained and can indicate the supplier, the department responsible for trademark law enforcement shall order the cessation of sales.

With respect to disputes over the amount of compensation for infringement of the exclusive right to use a registered trademark, the parties may request mediation by the department responsible for trademark law enforcement, or bring a lawsuit before the people’s court in accordance with the Civil Procedure Law of the People’s Republic of China. Where, after mediation by the department responsible for trademark law enforcement, the parties fail to reach an agreement or, after the mediation agreement becomes effective, it is not performed, the parties may bring a lawsuit before the people’s court in accordance with the Civil Procedure Law of the People’s Republic of China.

With respect to acts of infringement of the exclusive right to use a registered trademark, the department responsible for trademark law enforcement has the authority to investigate and punish in accordance with law.

Where an act of infringement of the exclusive right to use a registered trademark is suspected of constituting a crime, the department responsible for trademark law enforcement shall promptly transfer the case to the public security authority for handling in accordance with law; where criminal liability is not required to be pursued in accordance with law or exemption from criminal punishment is granted, but administrative punishment should be imposed, the public security authority, the people’s procuratorate and the people’s court shall promptly transfer the case to the department responsible for trademark law enforcement for handling in accordance with law. Where the public security authority, the people’s procuratorate or the people’s court consults the department responsible for trademark law enforcement and the department responsible for trademark registration and administration for professional support, opinions, and assistance in the harmless disposal of infringing goods, the relevant departments shall provide timely assistance.

When investigating and handling suspected infringement of another person’s exclusive right to use a registered trademark, based on the evidence of illegal suspicion obtained or on a complaint or report, the department responsible for trademark law enforcement may exercise the following powers:

• (1) Questioning the relevant parties and investigating the circumstances related to the infringement of another person’s exclusive right to use a registered trademark;
• (2) Inspecting and copying contracts, invoices, account books, receipts, documents, records, business correspondence, audio-visual materials, electronic data and other relevant materials relating to the infringing activity;
• (3) Conducting on-site inspections of the premises where the party is suspected of engaging in activities infringing another person’s exclusive right to use a registered trademark;
• (4) Inspecting articles related to the infringing activity; articles that are proven by evidence to infringe another person’s exclusive right to use a registered trademark may be sealed up or detained;
• (5) Where evidence is likely to be destroyed or lost or is difficult to obtain later, it may be preserved by prior registration.

When the department responsible for trademark law enforcement exercises the powers provided for in the preceding paragraph in accordance with law, the parties shall provide assistance and cooperation and shall not refuse or obstruct.

In the course of investigating and handling trademark infringement cases, where there is a dispute over the ownership of the trademark or the right holder has simultaneously brought a trademark infringement lawsuit before the people’s court, the department responsible for trademark law enforcement may suspend the investigation and handling of the case. After the cause for suspension is eliminated, the investigation and handling procedures shall be resumed or terminated.

The amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined on the basis of the actual loss suffered by the right holder due to the infringement or the benefits obtained by the infringer due to the infringement; where the loss of the right holder or the benefits obtained by the infringer are difficult to determine, the amount shall be reasonably determined by reference to the multiple of the trademark licensing fee. Where the infringement of the exclusive right to use a registered trademark is intentional and the circumstances are serious, the amount of compensation may be determined at not less than one time and not more than five times the amount determined in accordance with the above method.

For the purpose of determining the amount of compensation, where the right holder has made every effort to provide evidence, but the account books and materials related to the infringing act are mainly in the possession of the infringer, the people’s court may order the infringer to provide the account books and materials related to the infringing act; if the infringer does not provide or provides false account books and materials, the people’s court may determine the amount of compensation with reference to the right holder’s claims and the evidence provided.

Where the actual loss suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the trademark licensing fee are difficult to determine, the people’s court shall, on the basis of the circumstances of the infringing act, award compensation of not more than 5,000,000 yuan.

The amount of compensation shall also include the reasonable expenses incurred by the right holder to stop the infringing act.

In hearing trademark dispute cases, the people’s court shall, at the request of the right holder, order the destruction of goods that are counterfeit registered trademarks, except in special circumstances; and order the destruction of materials and tools mainly used to manufacture counterfeit registered trademarks, without compensation; or, in special circumstances, order that such materials and tools be prohibited from entering the commercial channel, without compensation.

Goods bearing counterfeit registered trademarks shall not be allowed to enter the commercial channel after merely removing the counterfeit registered trademarks.

Where the owner of the exclusive right to use a registered trademark requests compensation, and the alleged infringer raises a defense on the ground that the owner of the exclusive right to use the registered trademark has not used the registered trademark, the people’s court may require the owner of the exclusive right to use the registered trademark to provide evidence of actual use of the registered trademark within the three years prior to the infringing act. Where the owner of the exclusive right to use the registered trademark cannot prove that it has actually used the registered trademark within the three years prior to the infringing act, nor can it prove that it has suffered other losses due to the infringing act, the alleged infringer shall not be liable for compensation.

Where a person sells goods that are not known to infringe the exclusive right to use a registered trademark, but can prove that the goods were lawfully obtained and can indicate the supplier, that person shall not be liable for compensation.

Where a trademark registrant or interested party has evidence that another person is committing or is about to commit an act infringing its exclusive right to use a registered trademark, and that failure to stop it promptly will cause irreparable harm to its lawful rights and interests, it may, before bringing a lawsuit, apply to the people’s court in accordance with law for an order to stop the relevant acts and for property preservation measures.

For the purpose of stopping infringing acts, where evidence is likely to be destroyed or lost or is difficult to obtain later, the trademark registrant or interested party may, before bringing a lawsuit, apply to the people’s court in accordance with law for preservation of evidence.

Where a trademark lawsuit is brought by means of malicious collusion, unilateral fabrication of basic facts, etc., the people’s court shall impose sanctions in accordance with law; if losses are caused to the other party, civil liability shall be borne in accordance with law.

Public officials engaged in trademark registration, administration, law enforcement and other work must enforce the law impartially, be honest and self-disciplined, be devoted to their duties and serve with civility.

The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement, as well as public officials engaged in trademark registration, administration, law enforcement and other work, shall not engage in trademark agency business or the production and operation of goods.

The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement shall establish and improve internal supervision systems, and conduct supervision and inspection of the performance of laws, administrative regulations and compliance with discipline by public officials engaged in trademark registration, administration, law enforcement and other work.

Where public officials engaged in trademark registration, administration, law enforcement and other work, in violation of the provisions of this Law, engage in trademark agency business or the production and operation of goods, or abuse their powers, neglect their duties or engage in malpractices for personal gain, committing any of the following acts, they shall be subject to disciplinary sanctions in accordance with law:

• (1) Approving trademark registration in violation of the conditions for trademark registration, causing adverse effects;
• (2) Failing to make decisions such as orders for correction or administrative punishments that should be made in accordance with law;
• (3) Discovering illegal acts or receiving complaints or reports and failing to perform trademark administration and law enforcement duties in accordance with law;
• (4) Other acts for which disciplinary sanctions should be imposed in accordance with law.

Where a violation of this Law constitutes a crime, criminal liability shall be pursued in accordance with law.

Fees shall be paid for applications for trademark registration and for handling other trademark matters, and the specific fee rates shall be separately prescribed.

This Law shall take effect as of 1 January 2027.

Trademarks already registered before the entry into force of this Law shall remain valid.