Order No. 6 of the President of the People's Republic of China
The Decision of the Standing Committee of the National People's Congress on Revising the Trademark Law of the People's Republic of China, adopted at the 4th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on August 30, 2013, is hereby promulgated and shall come to effect on May 1, 2014.
Xi Jinping, President of the People's Republic of China
August 30, 2013

Trademark Law of the People's Republic of China

CONTENTS
Chapter 1: General Provisions
Chapter 2: Trademark Registration Application
Chapter 3: Trademark Registration Examination and Approval
Chapter 4: Renewal, Change, Transfer and Licensing of Registered Trademarks
Chapter 5: Declaration of the Invalidity of Registered Trademarks  
Chapter 6: Administration of Trademark Use
Chapter 7: Protection of the Exclusives Right to Use a Registered Trademark
Chapter 8: Supplementary Provisions
Chapter 1: General Provisions
  Article 1     This Law is enacted in order to strengthen the trademark administration, protect the exclusive right to use a trademark, urges producers and business operators to ensure the quality of their goods and services, and maintain the reputation of trademarks, thereby safeguarding the interests of consumers, producers, and business operators and promoting the development of the socialist market economy.
  Article 2     The Trademark Office of the State Council's administrative department for industry and commerce shall be in charge of the trademark registration and administration throughout the country.
The State Council's administrative department for industry and commerce shall establish a Trademark Review and Adjudication Board to be responsible for handling trademark disputes.
  Article 3     Trademarks that are registered upon verification and approval of the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective marks, and certification marks. A trademark registrant shall be entitled to the exclusive right to use the registered trademark and such right shall be protected by law.
For the purposes of this Law, "collective marks" refer to signs that have been registered in the name of groups, associations, or other organizations, and which are intended to be used by members of such organizations in commercial activities to indicate the organization membership of users.
For the purposes of this Law, "certification marks" refer to signs that are controlled by organizations having the capacity for supervision over certain goods or services and which are used by organizations or individuals other than such organizations on goods or services to certify the origin, raw materials, manufacturing method, quality, or other characteristics of such goods or services.
Provisions on special matters concerning the registration and administration of collective marks and certification marks shall be set forth by the State Council's administrative department for industry and commerce.
  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 during production and business operations shall apply for trademark registration with the Trademark Office.
Provisions in the Trademark Law regarding commodity trademarks shall be applicable to service marks.
  Article 5     Two or more natural persons, legal persons, or other organizations may jointly file a registration application for the same trademark with the Trademark Office and jointly enjoy and exercise the exclusive right to use the trademark.
  Article 6     A trademark registration application shall be submitted for goods for which a registered trademark is required under laws or administrative regulations. Such goods are not allowed to be sold on the market if no trademark is approved and registered.
  Article 7     The principle of good faith shall be upheld in the application for trademark registration and in the use of trademarks.
The users of a trademark shall be responsible for the quality of their goods bearing that trademark. The administrative departments for industry and commerce at each level shall, through trademark administration, inhibit the acts of deceiving consumers.
  Article 8     An application may be made to register as a trademark any mark, including any text, graph, alphabetic letter, number, three-dimensional symbol, color combination, sound or any combination thereof, which is able to distinguish the goods of a natural person, legal person or other organization from those of others.
  Article 9     A trademark for which a registration application is made shall have distinctive features and be easily distinguishable, and shall not conflict with the pre-existing lawful rights of others.
A trademark registrant has the right to mark the trademark with the phrase "注册商标" (registered trademark) or a registration symbol.
  Article 10     The following signs shall 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, army songs or medals of the People's Republic of China; and those identical with the names or emblems of Central State organs, the names of the specific locations that are the domiciles of the Central State organs, or the names or designs of landmark buildings;
(2) Those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except with the consent of the governments of the countries involved;
(3) Those identical with or similar to the names, flags or emblems of international inter-governmental organizations, except with the consent of the organizations concerned or except where the likelihood of misleading the public is slim;
(4) Those identical or similar to official signs or hallmarks indicating control or warranty, except as otherwise authorized;
(5) Those identical or similar to the name or sign or mark representing "Red Cross" or "Red Crescent";
(6) Those with a nature of national discrimination;
(7) Those that are deceptive and are likely to cause public confusion in terms of the quality, other characteristics or place of production of relevant goods;
(8) Those detrimental to socialist morality and custom or having other ill effects.
Names of administrative divisions at or above the county level and foreign place names that are known to the public shall not be used as trademarks, unless any such name has other meanings or is an integral part of a collective or certification mark. If a trademark containing a place name has already been registered, the trademark shall remain valid.
  Article 11     The following signs shall not be registered as trademarks:
(1) Those consisting only of generic names, devices, or model numbers of the goods concerned;
(2) Those consisting only of a direct representation of the quality, primary raw materials, functions, intended purposes, weight, quantity, or other characteristics of the goods concerned;
(3) Those otherwise lacking distinctive features.
The signs mentioned in the preceding paragraph may be registered as trademarks after they have acquired distinctiveness and become easily distinguishable through use.
  Article 12     With respect to a three-dimensional mark as the subject matter under a trademark registration application, registration of that mark shall be prohibited if its shape only represents the nature of the product, or its shape is required for achieving a technological result, or its shape adds substantial value to the product.
  Article 13     A holder of a trademark that is well known by the relevant public may request for protection of the trademark as a well-known trademark in accordance with this Law if the holder is of the opinion that its rights have been infringed upon.
In the event of an application for registration of a trademark that is a reproduction, imitation, or translation of another's well-known trademark not registered in China on same or similar goods, and consequentially is likely to create confusion, the application shall be rejected and the trademark shall be prohibited from use.
In the event of an application for registration of a trademark that is a reproduction, imitation, or translation of another's well-known trademark registered in China on different or dissimilar goods, and consequentially is likely to create confusion and cause damage to the interests of the registrant for the well-known trademark, the application shall be rejected and the trademark shall be prohibited from use.
  Article 14     Upon request by the party concerned, a well-known trademark shall be recognized as a fact that needs to be ascertained in the handling of a trademark-related case. The following factors shall be taken into consideration in the recognition of a well-known trademark:
(1) The degree of awareness of the trademark among the relevant public;
(2) The duration of the use of the trademark;
(3) The duration, extent and geographical scope of all publicity operations carried out for the trademark;
(4) Records of protection provided for the trademark as a well-known trademark; and
(5) Other factors relating to the trademark's well-known status.
Where the party concerned claims rights pursuant to Article 13 of this Law during trademark registration examination or during the process whereby an administration for industry and commerce investigates and punishes a case of trademark-related illegalities, the Trademark Office may recognize the well-known status of the relevant trademark as may be necessary for examination or case handling.
Where the party concerned claims rights pursuant to Article 13 of this Law during the handling of a trademark dispute, the Trademark Review and Adjudication Board may recognize the well-known status of the relevant trademark as may be necessary for case handling.
Where the party concerned claims rights pursuant to Article 13 of this Law during the hearing of a trademark-related civil or administrative case, the people's court designated by the Supreme People's Court may recognize the well-known status of the relevant trademark as may be necessary for case hearing.
Manufacturers and business operators shall neither indicate the words "well-known trademark" on goods and the packaging or containers of goods, nor use the same for advertising, exhibition and other commercial activities.
  Article 15     Where an agent or representative registers, in its own name, a trademark of one of its principals without authorization, and the principal opposes the registration, the trademark shall not be registered and shall be prohibited from use.  
An application for registering a trademark on the same or similar goods shall not be approved if: the trademark under application is identical with or similar to an unregistered trademark already used by another party; the applicant clearly knows the existence of the trademark of such another party due to contractual, business or other relationships with the latter other than those prescribed in the preceding Paragraph; and such another party raises objections to the applicant's trademark registration application.
  Article 16     Where a trademark contains a geographical indication of goods and the goods are not from the region indicated therein, thus misleading the public, the trademark shall not be registered and shall be prohibited from use. However, those having been registered in a bona fide manner shall remain valid.
The geographical indication mentioned in the preceding paragraph refers to a mark indicating that the specific goods originates from a particular region and that the specific quality, reputation, or other characteristics of the goods are mainly determined by the natural or cultural factors of the region.
  Article 17     Any foreigner or foreign enterprise applying for trademark registration in China shall handle the relevant procedures in accordance with the agreements entered into between the applicant's country and the People's Republic of China or international treaties to which both countries have acceded, or in accordance with the principle of reciprocity.
  Article 18     A party may apply for trademark registration or handle other trademark-related matters on its own or by entrusting a duly-established trademark agency.
A foreigner or foreign enterprise shall entrust a duly-established trademark agency to act as its agent for applying for trademark registration and handling other trademark-related matters in China.
  Article 19     Trademark agencies shall uphold the principle of good faith, comply with laws and administrative regulations, apply for trademark registration or handle other trademark-related matters according to the entrustment of principals, and keep confidential the principals' trade secrets that come to their knowledge during the agency process.
A trademark agency shall clearly inform a principal of the fact that the trademark entrusted by the principal for registration application may fall under the circumstances prescribed by this Law under which registration is not allowed.
A trademark agency shall not accept the entrustment of a principal if it knows or should have known that the trademark entrusted by the principal for registration application falls under any of the circumstances prescribed by Article 15 and Article 32 of this Law.
A trademark agency shall not apply for registration of trademarks other than the trademark for its agency services.
  Article 20     A trademark agency industry association shall, pursuant to its articles of association, strictly enforce the conditions for admitting members, and mete out disciplinary sanctions against members in violation of industry self-disciplinary standards. The trademark agency industry association shall promptly make public information on the members it admits and the disciplinary sanctions against its members.
  Article 21    International registration of trademarks shall be governed by the systems established by relevant international treaties concluded or acceded to by the People's Republic of China. Specific measures in this regard shall be prescribed by the State Council.
Chapter 2: Trademark Registration Application
  Article 22     A trademark registration applicant shall apply for registration by indicating on the application the class of goods and the names of goods for which the trademark is to be used pursuant to the prescribed schedule of classification of goods.
A trademark registration applicant may apply for registration of the same trademark on multiple classes of goods in the same application.
A trademark registration application and other relevant documents may be submitted in writing or by way of data message.
  Article 23     The holder of a registered trademark shall submit a new registration application if it intends to obtain the exclusive right to use the trademark on goods beyond the approved scope of use.
  Article 24     Where the sign contained in a registered trademark requires to be changed, a new registration application shall be filed.
  Article 25     If an applicant applies, within six months of the date of the applicant's first application for registration of its trademark in a foreign country, for registration in China of the same trademark to be used on the same goods, the applicant may be entitled to the priority right pursuant to an agreement entered into between the applicant's home country and China, or an international treaty to which both countries have acceded, or in accordance with the principle of mutual recognition of priority right.
In claiming a priority right according to provisions of the preceding paragraph, the applicant shall declare the claim in writing when filing the trademark registration application and shall submit, within three months, a duplicate copy of the application documents that were submitted in its first application for registration of the trademark. Failure to make the written declaration or to submit, within the time limit, a duplicate copy of the application documents for registration of the trademark shall be deemed as failure to claim the priority right.
  Article 26     Where a trademark is first used at an international exhibition sponsored or recognized by the Chinese government, the applicant for the registration of that trademark may be entitled to the priority right within six months of the date of exhibition of the goods.
To claim a priority right pursuant to the provisions of the preceding paragraph, the claimant shall make a written declaration when the application for trademark registration is filed, and shall submit, within three months, the supporting documents showing the name of the exhibition where the claimant's goods were exhibited, evidencing the use of the trademark on the exhibited goods, and indicating the date of exhibition, etc. Failure to submit the written declaration or to submit the supporting documents within the time limit shall be deemed as failure to claim the priority right.
  Article 27     The particulars reported and the materials submitted when applying for trademark registration shall be truthful, accurate, and complete.
Chapter 3: Trademark Registration Examination and Approval
  Article 28     The Trademark Office shall complete the examination of a trademark under registration application within nine months upon receipt of the documents for trademark registration application, and shall issue a preliminary examination announcement if the registration application is in compliance with relevant provisions of this Law.
  Article 29    During the examination process, the Trademark Office may require an applicant to provide explanations or make correction if it is of the opinion that the contents of the trademark registration application need to be explained or corrected. The failure of the applicant to provide explanations or make correction shall not affect the examination decision-making by the Trademark Office.
  Article 30     If a trademark for which a registration application is filed fails to comply with the relevant provisions of this Law or is identical or similar to another's trademark that has been registered or preliminarily approved for use on the same or similar goods, the Trademark Office shall reject the application, and no publication shall be made.
  Article 31     If two or more applicants apply for registration of the same trademark or a similar trademark for use on the same or similar goods, the trademark application that is filed first shall be preliminarily approved, accompanied by a publication thereon. If the applications are filed on the same day, the trademark that is used first shall be preliminarily approved, accompanied by a publication thereon, and the application(s) of the other applicant(s) shall be rejected and no publication shall be made.
  Article 32     Any one may file an opposition to a preliminarily approved trademark within three months of the publication date. If no opposition is filed before the expiration of the publication period, registration approval shall be granted, a trademark registration certificate shall be issued, and a publication shall be made thereon.
  Article 33     A holder of prior rights or an interested party may, within three months from the date of the preliminary examination announcement of a trademark, raise objections to the Trademark Office if it is of the opinion that the trademark is in violation of Paragraph 2 and Paragraph 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 or Article 32 of this Law. Any party that is of the opinion that the trademark is in violation of Article 10, Article 11 or Article 12 of this Law may raise objections to the Trademark Office with the said three-month period. Where no objection is raised upon expiry of the announcement period, the Trademark Office shall approve the registration application, issue the certificate of trademark registration, and make an announcement thereon.
  Article 34     Where a trademark registration application is dismissed or where no preliminary examination announcement is made for a trademark, the Trademark Office shall notify the trademark registration applicant concerned of relevant information in writing. The trademark registration applicant, if having any objections, may apply for review to the Trademark Review and Adjudication Board within 15 days upon receipt of the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing within nine months upon receipt of the application. Where necessary, the time period may be extended for three months under special circumstances upon approval by the administration for industry and commerce of the State Council. The party concerned who has objections to the decision by the Trademark Review and Adjudication Board may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice.
  Article 35     Where objections are raised against a trademark for which a preliminary examination announcement has been issued, the Trademark Office shall listen to the facts and grounds submitted by both the opposing party and the opposed, make a decision on whether to approve the registration of the trademark within 12 months upon expiry of the announcement period after investigation and verification, and notify the opposing party and the opposed of relevant information in writing. Where necessary, the time period may be extended for six months under special circumstances upon approval by the administration for industry and commerce of the State Council.
Where the Trademark Office decides to approve the registration of the trademark, it shall issue the certificate of trademark registration to the applicant and make an announcement thereon. The opposing party, if still having objections, may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with Article 44 and Article 45 of this Law.
Where the Trademark Office decides not to register the trademark, the opposed, if having objections, may apply for review to the Trademark Review and Adjudication Board within 15 days upon receipt of the relevant notice. The Trademark Review and Adjudication Board shall make a review decision, and notify both the opposing party and the opposed in writing within 12 months upon receipt of the application. Where necessary, the time period may be extended for six months under special circumstances upon approval by the administration for industry and commerce of the State Council. The opposed who has objections to the decision by the Trademark Review and Adjudication Board may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice, in which case the people's court shall notify the opposing party to participate in the litigation proceedings as a third party.
When carrying out review pursuant to the preceding Paragraph, the Trademark Review and Adjudication Board may suspend the review if the prior rights involved can only be ascertained based on the outcomes of another case currently under the hearing by a people's court or under the handling by an administrative organ. The Trademark Review and Adjudication Board shall resume the review procedures once the circumstances for suspension are eliminated.
  Article 36     Where a party concerned fails to apply for review of the decision on dismissal of registration application or decision on non-registration made by the Trademark Office, or fails to bring a lawsuit to the competent people's court against the review decision by the Trademark Review and Adjudication Board upon expiry of the statutory time limit, the decision on dismissal of registration application, the decision on non-registration or the review decision shall come into effect.
Where a trademark is approved to be registered after the objections raised are found to be unsubstantiated upon examination, the time when the trademark registration applicant obtains the exclusive right to use the trademark shall commence from the date of expiry of the three-month period of the preliminary examination announcement. During the period from the date of expiry of the said announcement period to the date of decision on registration approval, the trademark shall have no retroactive effect on the use of a mark identical with or similar to the trademark by another party on the same or similar goods, provided that such other party shall be liable for compensating the losses caused, mala fide, to the trademark registrant.
  Article 37     Trademark registration applications and trademark review applications shall be examined in a timely manner.
  Article 38     An applicant or registrant for a registered trademark that finds any obvious errors in a trademark application document or registration document may apply for correction thereof. The Trademark Office shall make the correction within its scope of authority in accordance with the law, and shall notify the party concerned of the correction.
The error correction requirement referred to in the preceding paragraph shall not be applicable to any substantive content of a trademark application document or registration document.
Chapter 4: Renewal, Change, Transfer and Licensing of Registered Trademarks
  Article 39     A registered trademark shall be valid for ten years, commencing from the date of registration approval.
  Article 40     Where a trademark registrant intends to continue using the registered trademark upon expiry of its validity period, the trademark registrant shall go through renewal procedures within 12 months prior to the date of expiry in accordance with relevant provisions, failing which a grace period of six months may be granted. Each renewal of registration shall be valid for ten years commencing from the date immediately following the date of expiry of the last validity period of the trademark. If no application for renewal is filed upon expiry of the grace period, the registered trademark shall be deregistered.
The Trademark Office shall announce each trademark registered upon renewal.
  Article 41     Where registrant name and/or address change, or change of other registered items, for a registered trademark is required, an application for change shall be filed.
  Article 42     To assign a registered trademark, the assignor and the assignee shall enter into an assignment agreement, and shall jointly file an application with the Trademark Office. The assignee shall ensure the quality of the goods bearing that registered trademark.
When transferring a registered trademark, a trademark registrant shall also transfer the trademarks similar to the registered trademark that are registered on the same goods, or the trademarks identical with or similar to the registered trademark that are registered on similar goods.
The Trademark Office shall not approve the transfer of a registered trademark that is likely to cause confusion or result in other unfavorable effects, and shall notify the applicant concerned in writing and explain the reasons therefor.
Upon verification and approval of the assignment of a registered trademark, a publication shall be made thereon. The assignee shall be entitled to the exclusive right to use the trademark as from the date of publication.
  Article 43     A trademark registrant may license its registered trademark to another party by entering into a trademark license contract. The licensor shall supervise the assurance of the quality of the licensees' goods bearing the licensor's registered trademark. The licensee shall ensure the quality of their goods on which the registered trademark is used.
Anyone who uses another's registered trademark under a license must clearly mark the goods bearing the registered trademark with the licensee's name and the place of origin of the goods.
A licensor who licenses others to use its registered trademark shall submit the trademark licensing to the Trademark Office for record-filing and announcement. Without record-filing, the trademark licensing is not effective against bona fide third parties.
Chapter 5: Declaration of the Invalidity of Registered Trademarks
  Article 44    A registered trademark shall be declared invalid by the Trademark Office if it is in violation of Article 10, Article 11 or Article 12 of this Law, or its registration is obtained by deceptive or other improper means. Other entities or individuals may request the Trademark Review and Adjudication Board to declare such registered trademark invalid.
The Trademark Office shall notify the party concerned in writing of the decision on declaring the registered trademark invalid. The party concerned, if having objections to the decision by the Trademark Office, may apply for review to the Trademark Review and Adjudication Board within 15 days upon receipt of the notice. The Trademark Review and Adjudication Board shall make a decision and notify the party concerned in writing within nine months upon receipt of the application. Where necessary, the time period may be extended for three months under special circumstances upon approval by the administration for industry and commerce of the State Council. The party concerned who has objections to the decision by the Trademark Review and Adjudication Board may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice.
Where other entities or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, the latter shall, upon receipt of the application, notify the party concerned in writing, and require the party concerned to issue a reply within the prescribed time period. The Trademark Review and Adjudication Board shall render a ruling on maintaining the registered trademark or declaring the registered trademark invalid, and notify the party concerned in writing within nine months upon receipt of the application. Where necessary, the time period may be extended for three months under special circumstances upon approval by the administration for industry and commerce of the State Council. The party concerned, if having objections to the ruling by the Trademark Review and Adjudication Board, may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice, in which case the people's court shall notify the counterparty to the trademark ruling procedures to participate in the litigation proceedings as a third party.
  Article 45    Where a registered trademark is in violation of Paragraph 2 and Paragraph 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 or Article 32 of this Law, the holder of prior rights or an interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years upon the registration of the trademark. Where registration is obtained mala fide, the owner of a well-known trademark is not bound by the five-year restriction.
The Trademark Review and Adjudication Board shall, upon receipt of an application for declaring the registered trademark invalid, notify the party concerned in writing, and require the party concerned to issue a reply within the prescribed time period. The Trademark Review and Adjudication Board shall render a ruling on maintaining the registered trademark or declaring the registered trademark invalid, and notify the party concerned in writing within 12 months upon receipt of the application. Where necessary, the time period may be extended for six months under special circumstances upon approval by the administration for industry and commerce of the State Council. The party concerned, if having objections to the ruling by the Trademark Review and Adjudication Board, may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice, in which case the people's court shall notify the counterparty to the trademark ruling procedures to participate in the litigation proceedings as a third party.
When reviewing an application for declaring a registered trademark invalid pursuant to the preceding Paragraph, the Trademark Review and Adjudication Board may suspend the review if the prior rights involved can only be ascertained based on the outcomes of another case currently under the hearing by a people's court or under the handling by an administrative organ. The Trademark Review and Adjudication Board shall resume the review procedures once the circumstances for suspension are eliminated.
  Article 46     Upon expiry of the statutory time limit, if the party concerned fails to apply for review of the decision by the Trademark Office on declaring a registered trademark invalid, or fails to bring a lawsuit to the competent people's court against the review decision by the Trademark Review and Adjudication Board or its ruling on maintaining a registered trademark or declaring a registered trademark invalid, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall come into effect.
  Article 47    A registered trademark that is declared invalid in accordance with Article 44 or Article 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed as non-existent ab initio.
The decision or ruling on declaring a registered trademark invalid shall have no retroactive effect on the judgment, ruling or mediation statement on a trademark infringement case rendered and enforced by a people's court, the handling decision on a trademark infringement case made and enforced by an administration for industry and commerce and a trademark transfer or licensing contract already performed prior to such declaration, provided that the trademark registrant shall be liable for compensating the losses caused, mala fide, to other parties.
Trademark infringement damages, trademark transfer fees or trademark royalties shall be refunded fully or partially if the non-refund thereof pursuant to the preceding Paragraph is in obvious violation of the principle of fairness.
Chapter 6: Administration of Trademark Use
  Article 48    For the purpose of this Law, use of trademarks shall refer to the use of trademarks on goods, the packaging or containers of goods and the transaction documents of goods, or the use of trademarks for advertising, exhibition and other commercial activities for the purpose of identifying the sources of goods.
  Article 49    A trademark registrant that changes, without authorization, the registered trademark, the name or address of the registrant or other registration items during the use of the registered trademark shall be ordered to make correction within the prescribed time period by the relevant local administration for industry and commerce, and shall have its registered trademark cancelled by the Trademark Office if it fails to make correction by the prescribed deadline.
Where a registered trademark has become the generic name of the goods for which its use is approved or has not been in use for three consecutive years without justification, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark, and the Trademark Office shall make a decision within nine months upon receipt of the application. Where necessary, the time period may be extended for three months under special circumstances upon approval by the administration for industry and commerce of the State Council.
  Article 50     Where a registered trademark is cancelled or declared invalid, or is not renewed upon expiry of its validity period, the Trademark Office shall not approve the applications for registration of trademarks identical with or similar to the first-mentioned trademark within one year of the cancellation, declaration of invalidity or deregistration.
  Article 51     In the case of violation of the provisions of Article 6 hereof, the local administrative department for industry and commerce shall order the violating party to file an application for registration within a specified time limit, a party with RMB 50,000 or more of illegal business revenue may be given a fine of up to 20% of the illegal business revenue, while a party with no illegal business revenue or less than RMB 50,000 of illegal business revenue may be given a fine of up to RMB 10,000 .
  Article 52    A party that passes an unregistered trademark off as a registered trademark or that uses an unregistered trademark in violation of Article 10 of this Law shall have its illegalities stopped by the relevant local administration for industry and commerce, be ordered to make correction within the prescribed time period, and may be circulated against a notice of criticism. Where the party has gained illegal business revenue of RMB 50,000 or more, a fine of up to 20% of the illegal business revenue may be imposed thereon; or where the party has no illegal business revenue or has gained less than RMB 50,000 of illegal business revenue, a fine of up to RMB 10,000 may be imposed thereon.
  Article 53     Whoever violates Paragraph 5 of Article 14 of this Law shall be ordered to make correction by the relevant local administration for industry and commerce, and be given a fine of RMB 100,000.
  Article 54    A party concerned who has objections to the decision made by the Trademark Office on cancellation or non-cancellation of a registered trademark may apply for review to the Trademark Review and Adjudication Board within 15 days upon receipt of the relevant notice. The Trademark Review and Adjudication Board shall make a decision, and notify the party concerned in writing within nine months upon receipt of the application. Where necessary, the time period may be extended for three months under special circumstances upon approval by the administration for industry and commerce of the State Council. The party concerned who has objections to the decision by the Trademark Review and Adjudication Board may bring a lawsuit to the competent people's court within 30 days upon receipt of the relevant notice.
  Article 55     Upon expiry of the statutory time limit, if the party concerned fails to apply for review of the decision by the Trademark Office on cancellation of a registered trademark, or fails to bring a lawsuit to the competent people's court against the review decision by the Trademark Review and Adjudication Board, the decision on cancellation of the registered trademark or the review decision shall come into effect.
The Trademark Office shall announce a registered trademark that is cancelled. The exclusive right to use the registered trademark shall terminate upon the date of announcement.
Chapter 7: Protection of the Exclusives Right to Use a Registered Trademark
  Article 56     The exclusive right to use a registered trademark shall be limited to the trademark registered upon verification and approval and the goods approved to be designated to be covered by the trademark.
  Article 57     Any of the following acts shall be deemed infringement of the exclusive right to use a registered trademark:
(1) Using a trademark that is identical with a registered trademark on the same goods without the licensing of the registrant of the registered trademark;
(2) Using a trademark that is similar to a registered trademark on the same goods, or using a trademark that is identical with or similar to the registered trademark on similar goods without the licensing of the registrant of the registered trademark, which is likely to cause confusion .
(3) Sale of any goods that have infringed the exclusive right to use any registered trademark;
(4) Counterfeit or unauthorized production of the label of another's registered trademark, or sale of any such label that is counterfeited or produced without authorization;
(5) Change of any trademark of a registrant without the registrant's consent, and selling goods bearing such replaced trademark on the market;
(6) Providing, intentionally, convenience for activities infringing upon others' exclusive right of trademark use, and facilitating others to commit infringement on the exclusive right of trademark use; or
(7) Other acts that have caused any other damage to another's exclusive right to use a registered trademark.
  Article 58    Whoever constitutes unfair competition by using a registered trademark or an unregistered well-known trademark of another party as the trade name in its enterprise name to mislead the public shall be dealt with in accordance with the Anti-unfair Competition Law of the People's Republic of China.
  Article 59     The holder of the exclusive right to use a registered trademark shall have no right to prohibit others from properly using the generic name, graphics or models of a commodity, or information directly indicating the quality, main raw materials, functions, purposes, weight, quantity or other features of the commodity, or the names of geographical locations as contained in the registered trademark.
The holder of the exclusive right to use a registered trademark that is a three-dimensional symbol shall have no right to prohibit others from properly using the forms shaped by the inherent nature of a commodity, commodity forms necessary for achieving technological effects or forms that bring substantive value to the commodity as contained in the registered trademark.
Where, before a trademark registrant applies for registration of the relevant trademark, another party has used ahead of the trademark registrant a trademark that is of certain influence and is identical with or similar to the registered trademark on the same or similar goods, the holder of the exclusive right to use the registered trademark shall have no right to prohibit the said party from continuing to use the trademark within the original scope of use, but may require the latter to add suitable logos for distinguishing purposes.
  Article 60     A dispute that arises after a party has committed any of the acts infringing upon another party's exclusive right to use a registered trademark as listed under Article 57 of this Law shall be resolved by the parties concerned through consultation. Where the parties concerned are unwilling to engage in consultation or where the consultation has failed, the trademark registrant or an interested party may bring a lawsuit to the competent people's court, or ask the relevant administration for industry and commerce to address the dispute.
When addressing the dispute, the administration for industry and commerce shall order the relevant party to immediately cease the infringing acts if it is of the opinion that infringement has been established, and shall confiscate and destroy the infringing goods and instruments mainly used for manufacturing the infringing goods and forging the registered trademark. Where the party has gained RMB 50,000 or more of illegal business revenue, a fine of up to five times the illegal business revenue may be imposed thereon; or where the party has no illegal business revenue or has gained less than RMB 50,000 of illegal business revenue, a fine of up to RMB 250,000 may be imposed thereon. The party shall be subject to heavier punishments if it has committed trademark infringement on two or more occasions within five years or falls under other grave circumstances. The administration for industry and commerce shall order the party to stop selling the products infringing upon the exclusive right to use the relevant registered trademark if the party has no knowledge of the infringing nature of such products, is able to prove that the products are obtained by legitimate means and can provide information on the suppliers of the products.
As regards a dispute over the amount of damages for infringement on the exclusive right to use a trademark, a party concerned may request the administration for industry and commerce that addresses the dispute to conduct mediation, or may bring a lawsuit to the competent people's court in accordance with the Civil Procedure Law of the People's Republic of China. Where the parties concerned fail to reach any agreement upon mediation by the administration for industry and commerce or fail to perform the mediation statement after it has come into effect, either party concerned may bring a lawsuit to the competent people's court in accordance with the Civil Procedure Law of the People's Republic of China.
  Article 61     In the event of an act of infringement of the exclusive right to use a trademark, the Administrative departments for industry and commerce shall be granted with authority under the law to investigate on and punish against it. If it constitutes a criminal offense, they shall promptly transfer the case to a judicial authority for settlement in accordance with the law.
  Article 62     The administrative departments for industry and commerce at or above the county level may exercise authority as follows when conducting investigation on and imposing punishment against alleged infringement of another's exclusive right to use a trademark based on the evidence proving, or report on, the suspected violation of laws that they have received:
(1) Make inquiry of the relevant parties and conduct investigation on the particulars relating to the infringement of another's exclusive right to use a trademark;
(2) Consult and duplicate the contracts, invoices, account books, and other relevant materials of the party concerned that relate to the infringing activities;
(3) Conduct an on-site inspection of the premises where the party concerned is suspected of being or having been engaged in activities Infringing of another's exclusive right to use a trademark; and
(4) Inspect articles in connection with the infringing activities; seize or detain the articles that are proved to be Infringing of another's exclusive right to use a registered trademark.
When an administrative department for industry and commerce is exercising authority in accordance with the law in manners stipulated in the preceding paragraph, the party concerned shall provide assistance and cooperation and shall not refuse to assist or cooperate therein or interfere therewith.
During the investigation and handling of a trademark infringement case, an administration for industry and commerce may suspend the investigation of the said case if there are disputes over the ownership of the trademark or if the right holders simultaneously bring a trademark infringement lawsuit to competent people's courts. The administration for industry and commerce shall resume or terminate the case investigation and handling procedures after the circumstances for suspension are eliminated.
  Article 63     The amount of damages for infringement on the exclusive right to use a trademark shall be determined according to the actual loss suffered by the right holder as a result of the infringement, or may be determined according to the profits gained by the infringer from the infringement if the actual loss is difficult to determine, or may be reasonably determined by reference to the multiples of the trademark royalties if both the loss of the right holder and the gains of the infringer are difficult to determine. Where an infringer maliciously infringes upon another party's exclusive right to use a trademark and falls under grave circumstances, the amount of damages may be determined as not less than one time but not more than three times the amount determined according to the foregoing methods. The amount of damages shall cover the reasonable expenses incurred by the right holder for stopping the infringement.
Where the right holder has duly discharged its obligation of burden of proof, but the account books and materials related to the infringing acts are mainly controlled by the infringer, the relevant people's court may, for the purpose of determining the amount of damages, order the infringer to submit account books and materials related to the infringing acts. Where the infringer fails to provide such account books and materials or provides false account books and materials, the people's court may render a judgment on the amount of damages by reference to the claims of the right holder and the evidence furnished thereby.
Where the actual loss suffered by the right holder as a result of the infringement, the profits gained by the infringer from the infringement and the royalties of the registered trademark concerned are difficult to determine, the people's court shall render a judgment on awarding damages of up to RMB three million depending on the circumstances of the infringing acts.
  Article 64    Where the holder of the exclusive right to use a registered trademark claims for compensation, and the alleged infringer counterclaims that the said holder has never used the registered trademark, the relevant people's court may require the holder to furnish evidence of its actual use of the registered trademark during the three years prior to the lawsuit. The alleged infringer shall not be liable for compensation if the said holder is neither able to prove its actual use of the registered trademark during the three years prior to the lawsuit, nor able to prove other losses suffered as a result of the infringement.
A party that unknowingly sells goods that infringe upon another party's exclusive right to use a registered trademark is not liable for compensation if the party can prove that it has obtained the goods by legitimate means and is able to provide information on the suppliers of the goods.
  Article 65     Where a trademark registrant or any interested party has evidence proving that another party is committing or is soon to commit acts that infringe upon the former’s exclusive right to use its registered trademark and that such acts, unless promptly stopped, will cause irreparable damage to its legitimate rights and interests, the trademark registrant or interested party may, before filing a lawsuit, apply to the competent people's court for ordering the other party to stop relevant acts and taking asset preservation measures in accordance with the law.
  Article 66    With a view to stopping infringing acts, and where evidence may be destroyed or vanished, or become unobtainable in the future, a trademark registrant or an interested party may, prior to filing a lawsuit, apply to the competent people's court for evidence preservation in accordance with the law.
  Article 67   Where an act of use of a trademark identical to a registered trademark for the same goods without the consent of the trademark registrant has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.
Where an act of counterfeiting or producing, without authorization, labels of another's registered trademark, or selling of trademark labels that were counterfeited or produced without authorization has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.
Where an act of knowingly selling goods bearing a counterfeited registered trademark has constituted a criminal offense, the infringer shall, in addition to compensating the infringed party for losses incurred, be subject to criminal liability in accordance with the law.
  Article 68    A trademark agency that commits any of the following acts shall be ordered to make correction within the prescribed time period by the relevant administration for industry and commerce, be given a warning, and be subject to a fine of not less than RMB 10,000 but not more than RMB 100,000; its primary person-in-charge subject to direct liabilities and other personnel subject to direct liabilities shall be given a warning and be subject to a fine of not less than RMB 5,000 but not more than RMB 50,000; where criminal offenses are constituted, criminal liabilities shall be investigated for in accordance with the law:
(1) Fabricating or altering legal instruments, seals or signatures, or using fabricated or altered legal instruments, seals or signatures during the handling of trademark-related matters;
(2) Soliciting trademark agency business by defaming other trademark agencies, or disrupting the order of the trademark agency market by improper means; or
(3) Violating Paragraph 3 or Paragraph 4 of Article 19 of this Law.
Any acts under the preceding Paragraph as committed by the trademark agency shall be recorded in its credit files by the administration for industry and commerce; under grave circumstances, the Trademark Office or the Trademark Review and Adjudication Board may concurrently decide to stop accepting the trademark agency business handled by the trademark agency, and shall make an announcement thereon.
The trademark agency shall bear civil liabilities in accordance with the law if it violates the principle of good faith to the detriment of the legitimate rights and interests of a principal, and shall be given disciplinary sanctions by the trademark agency industry association pursuant to its articles of association.
  Article 69     The State authority personnel who are engaged in trademark registration, administration, and review must act impartially in law enforcement, be clean and self-disciplined, be devoted to their duties, and provide service in a courteous way.
The personnel of the Trademark Office and the Trademark Review and Adjudication Board and the State authority personnel who engage in trademark registration, administration, and review shall not engage in trademark agency business or in activities associated with the production of, or dealing in, goods.
  Article 70     Administrative departments for industry and commerce shall establish and improve their internal supervision systems to oversee and inspect State authority personnel who are responsible for trademark registration, administration, and review on their enforcement of laws and administrative regulations and compliance with disciplinary rules.
  Article 71     If any State authority personnel who is engaged in trademark registration, administration, or review is derelict in duties, abuses authority, practices favoritism, or commits irregularities, breaches the law when handling trademark registration, administration, or review matters, accepts money or anything of value from a party concerned, or seeks to derive improper gains, and such act constitutes a criminal offense, the person shall be subject to criminal liability in accordance with the law. If the act is insufficient to constitute a criminal offense, the person shall be subject to disciplinary measures in accordance with the law.
Chapter 8: Supplementary Provisions
  Article 72     Fees shall be paid for trademark registration applications and for handling of other trademark-related matters. The specific rate standards shall be formulated separately.
  Article 73     This Law shall take effect as of 1 March 1983. The Trademark Administration Regulations promulgated by the State Council on 10 April 1963 shall be repealed at the same time. Other provisions on trademark administration shall simultaneously cease to be effective insofar as they conflict with this Law.  
The trademarks registered prior to the implementation of this Law shall remain valid.