(August 23, 1982 session of the 24th meeting of the Standing Committee of national people's Congress on February 22, 1993 VII session of the 30th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decided to trademark law amended October 27, 2001, for the first time of the 24th meeting of the Standing Committee of the ninth the modification of People's Republic of China's decision on the second amendment of the trademark law) Chapter I General provisions 　First in order to strengthen the administration of trademarks, protection of the trademark right, producers and operators ensure the quality of goods and services, maintaining trademark reputation, to safeguard the interests of consumers and producers and operators, promote the development of the Socialist market economy, law is enacted. 　　Article the competent administrative Department for industry and Commerce Trademark Office national trademark registration and management work. 　Administration for industry and commerce under the State Council establish a trademark review and adjudication Board, responsible for handling trademark disputes. 　　Article by the Trademark Office approved the registration of the trademark is a registered trademark, including the trademarks, service marks, collective marks and certification marks trademark registered persons enjoy the right to exclusive use of trademarks, protected by law. 　　Collective marks in this law refers to groups, associations or other organizations registered in the name of, for use in commercial activities of the Organization members to indicate that users sign of membership in the organization. 　　Certification mark referred to in this law, refers to certain goods or services controlled with supervisory capacity, and from outside the organization or individual use in its product or service, to prove the origin of the goods or services, raw material, method of manufacture, quality or other specific quality logo. 　Registration and administration of collective marks and certification marks special matters prescribed by the Administrative Department for industry and commerce under the State Council. 　　Article fourth of natural persons, legal persons or other organizations against the production, manufacture, processing, sorting and distribution of merchandise, need to obtain a right to exclusive use of trademarks, shall apply to the trademark office registered trademarks. 　　Natural persons, legal persons or other organizations to provide services to acquire the trademark, shall apply to the Trademark Office trademark registration services. 　The provisions of this law concerning trademarks shall apply to service marks. 　Fifth where two or more natural persons, legal persons or other organizations may jointly apply for registration of the same trademark with the Trademark Office and the enjoyment and exercise of the right to exclusive use of trademarks. 　Sixth the State requiring the use of a registered trademark product, you must apply for trademark registration, without approval of the registration shall not be sold on the market. Article seventh person is responsible for the quality of goods for which the trademark is used. 　Industrial and commercial administration departments at all levels should adopt brand management to halt consumer fraud Act. 　Article eighth of any natural person, legal person or other organization product Visual mark to distinguish the goods with others, including the text, graphics, letters, numbers, three dimensional marks, and color combinations, as well as combinations of these elements, can be registered as trademarks. 　　Nineth registered trademarks should be a distinguishing feature for easy identification, and shall not conflict with any prior access to legal rights. 　A trademark registrant has the right to mark "registered trademark" or a sign. Tenth Article following logo shall not as trademark using: (a) with People's Republic of China of national name, and flag, and emblem, and Ensign, and medal same or approximate of, and with central State location specific locations of name or logo sex buildings of name, and graphics same of; (ii) with foreign of national name, and flag, and emblem, and Ensign same or approximate of, but the country Government agreed of except; (three) with Government between international organization of name, and flag, and emblem same or approximate of, 　　But by the Organization agreed or easily misleading public of except; (four) and showed that implementation control, and be guarantee of official logo, and test mark same or approximate of, but by authorized of except; (five) with "Red Cross", and "Red Crescent" of name, and logo same or approximate of; (six) with national discrimination sex of; (seven) exaggerated publicity and with cheat sex of; (eight) harmful Yu Socialist moral fashion or has other bad effect of. Names as the administrative divisions at or above the county level public awareness of foreign place names shall not be used as trademarks. 　However, the names have other meanings, or except as part of collective marks and certification marks; use names of already registered shall continue to be valid. 　　11th the following signs shall not be registered as trademarks: (a) only the generic names, designs and models of this product, (ii) only directly represents the quality, main raw materials, functions, use, weight, quantity or other characteristics, and (iii) lack of distinctiveness. 　Flag after notable features listed in the preceding paragraph, and ease of identification, can be registered as trademarks. 　Article 12th dimensional trade mark application of the logo, just by the nature of the goods themselves, in order to obtain technical effect necessary in some cases, shape or the shape of the goods substantive value, shall not be registered. 　　13th section in respect of registration marks for identical or similar goods is copying, imitation or translation of another well-known trademarks registered in China, likely to cause confusion, it shall be rejected for registration and prohibited from use. 　Is not the same or similar goods to apply for registration of the trademark is a reproduction, imitation or translation of another well-known trademarks already registered in China, misleading the public, resulting in the well-known trademarks which may damage the interests of the registered person, it shall be rejected for registration and prohibited from use. 　14th well-known trademarks shall consider the following factors: (a) public awareness of the trademark, (ii) the duration of the trademark use, (iii) the duration of any publicity of that trademark, extent and geographic scope of; (iv) the trademark as a well-known trade mark protected records and (v) other factors the trademark famous. 　Article 15th without authorization, an agent or a representative on your behalf will be agent or representative of the registered trademark, was challenged by the agent or representative, it shall be rejected for registration and prohibited from use. 　　16th marks the geographical indications of goods, which is not rooted in the areas marked by signs, misleading the public, it shall be rejected for registration and prohibited from use, but has obtained registration in good faith continue to be valid. 　Geographical indication referred to in the preceding paragraph refers to mark a product comes from a particular area, the specific quality, reputation or other characteristics of the goods, mainly from the region's natural or human factors logo. 　17th foreigner or foreign company applying for trademark registration in China, it shall state to which it belongs and the People's Republic of China signed agreements or joint participation in international treaties, or by equivalent principles. 18th foreigners or foreign enterprises in China to apply for trademark registration or handling other trademark matters shall entrust acting national accreditation has trademark qualification. Chapter II application for trademark registration article 19th for applying for trademark registration shall be according to the provisions of the classification of goods form, using branded goods categories and product name. 　Article 20th trademark registration in different categories of goods to apply for registration of the same trademark, an application for registration shall be made according to the classification of goods. 　21st registered trademark is to be used on other products in the same class, shall be applied for registration. 22nd registered trademark needs to change its logo, a new registration shall be applied for. 　23rd the registration of a trademark Registrant name, address or other registered matters, the change shall be applied for. 　　Article 24th trademark registration applicant from his trademark in a foreign country for the first time within six months from the date of the application for trademark registration is made, was made in respect of the same goods to the same trademark in China trademark registration pursuant to the agreement concluded with China foreign or joint participation in international treaties, or mutual recognition of the principle of priority, can be given priority. 　Claims the right of priority in accordance with the preceding paragraph shall apply for trademark registration in time to make a written declaration, and submitted within three months of first copy of trademark registration files; does not make a written declaration or fails to submit a trademark application for registration a copy of a document, shall be deemed not to claim priority. 　　25th trademark in China and hosted by the Government or recognized by an international exhibition was first used on goods, within six months from the date of exhibition of the goods and the trademark register so that a person can be given priority. 　Claims the right of priority in accordance with the preceding paragraph shall apply for trademark registration in time to make a written declaration, and submit, within three months of its commodity exhibition on display, in the use of the trademark on the goods evidence, dates and other documents or fails to submit a written statement had been filed supporting documents, shall be deemed not to claim priority. Article 26th as declared in the application for trademark registration and the materials supplied shall be true, accurate and complete. 　Chapter III examination of trademark registration and approval of the 27th to apply for registration of trademarks, in conformity with relevant provisions of this law, preliminary approval by the Trademark Office, and shall be published. 　28th registered trademarks of anyone who does not conform to the relevant provisions of this law or in association with others on the same kind of goods or similar goods has already been registered or preliminary examination of trademarks identical with or similar to, the Trademark Office rejected the application, no publication. 　29th the trademark registration of two or more people, in the same kind of goods or similar goods, in the same or similar to the trademark application for registration, preliminary approval and announcement first to file trademark applications on the same day, preliminary approval and notice the use of the trademark, it shall reject the applications for others, no publication. 30th preliminary examination of trademarks, within three months from the date of notice, any person may raise objections. 　Notice expires without objection, the registration shall be approved, to the trademark registration certificate, and shall be published. 　31st to apply for trademark registration shall not prejudice to the prior right of another person, or leading others through improper means has been used and has the trademark. Article 32nd On the application shall be rejected and no publication of the trademark, the Trademark Office shall notify the applicant for trademark registration. 　　Trademark registration applicant, starting from the day of receipt of the notification in the 15th with the trademark review and adjudication Board, apply for a review by the trademark review and adjudication Board shall make a decision and notify the applicant in writing. 　The party disagrees with the decision of the trademark review and adjudication Board, from the date of receipt of the notification within the 30th to a people's Court. Article 33rd on the initial validation, make an announcement of an opposition is filed, the Trademark Office shall hear both the opponent and applicant state facts and grounds, after investigation and verification, make a decision. 　　Any party dissatisfied with, from the date of receipt of the notification in the 15th with the trademark review and adjudication Board, apply for a review by the trademark review and adjudication Board shall make a decision and notify the applicant and the opponent. The party not satisfied with the decision of the trademark review and adjudication Board, from the date of receipt of the notification within the 30th to a people's Court. 　Court shall notify the trademark reexamination proceeding as the third person of the other party to participate in the proceedings. 　　Article 34th within the statutory time limit, to the Trademark Office's decision not to apply for a review or the trademark review and adjudication Board shall make a decision not to bring a lawsuit, ruling entered into force. 　　Ruled that the objection is not justified, the registration shall be approved, to the trademark registration certificate and announce it; ruled that the objection is established, no registration. 　The opposition cannot be established upon adjudication and registration is approved, time obtaining trademark trademark registration since the date on which the notice expires in three months in the first instance. 　Article 35th of trademark registration and trademark reexamination shall be reviewed in a timely manner. 36th applicant for trademark registration or registration found trademark application or registration documents are clearly wrong, you can apply for a correction. 　　Trademark Bureau according to law within its terms of reference, correction and notify the parties. Errors referred to in the preceding paragraph does not cover trademark application or registration the substantive content of the file. 　The fourth chapter registration renewal, transfer and license 37th registered trademark is valid for ten years, since the date on which the registration is approved. 38th registered trademark is effective date, want to continue to use, shall apply for renewal of the registration within six months prior to the expiration; failing to apply during this period, can give a six-month grace period. 　　Extension still apply, cancellation of its registered trademarks. 　　Each renewal of registration shall be valid for ten years. 　After approval, the renewal of the registration shall be published. 39th assignment of a registered trademark, the assignor and the assignee shall enter into a transfer agreement, and to jointly apply to the Trademark Office. 　　Assignee shall ensure that the use of the registered trade mark of quality. After approval, the assignment of a registered trademark shall be published. 　Assignee right to a trademark from the date of announcement. 40th trademark registrant may, by signing a trademark license contract permits another person to use its registered trademark. Licensor shall monitor the use of its registered trademark licensee product quality. 　　The licensee shall ensure the use of the registered trademark of product quality. 　　Licensed use of another's trademark, must be marked on the commodity using the registered trademark licensee name and the origin of goods. Trademark license contract shall be submitted to the Trademark Office for record. 　　The fifth chapter determination of disputes concerning registered trademarks trademarks registered 41st, in violation of this law stipulated in article tenth, 11th and 12th, or obtained by fraudulent means or any other improper means registration, revocation of the trademark by the trademark office; other unit or individual may request the trademark review and adjudication Board to revoke the registered trademark. Registered trademark, violation of the 13th, 15th, 16th, 31st article, within five years from the date of registration, the trademark owner or an interested person may petition the trademark review and adjudication Board to revoke the registered trademark. 　　Malicious registration of famous trademarks of all persons subject to five-year time limit. 　　Apart from the cases provided for in the preceding two paragraphs, trademarks registered on the dispute, from the date of registration of the trademark has been approved within five years, the trademark review and adjudication Board for adjudication. 　The trademark review and adjudication Board after receipt of the order, the application shall notify the interested parties and period of reply. 　42nd article of approved and registered before the opposition and the ruling marks, shall not be based on the same facts and grounds for adjudication. 　　Article 43rd the trademark review and adjudication Board to maintain or to cancel a registered trademark determination, shall notify the party concerned in writing. The party not satisfied with the decision of the trademark review and adjudication Board, from the date of receipt of the notification within the 30th to a people's Court. The people's Court shall notify the trademark adjudication procedures of the other party as a third party to the litigation. 　Sixth chapter trademark using of management 44th article using registered trademark, has following behavior one of of, by trademark Council ordered deadline corrected or revoked its registered trademark: (a) itself change registered trademark of; (ii) itself change registered trademark of registered people name, and address or other registered matters of; (three) itself transfer registered trademark of; (four) continuous three years stop using of. 　Article 45th uses a registered trademark on its shoddy, shoddy, consumer fraud, by the industrial and commercial administration departments at all levels in different situations, rectification, and may be informed or impose a fine, or revoke the registration of the trademark by the Trademark Office. 　Article 46th registered trademark be revoked or expired no longer renewed, within one year from the date of revocation or cancellation, the Trademark Office and the trademark identical or similar to the trademark registration shall not be approved. 　47th article violates this law article sixth, ordered by local industrial and commercial administrative departments to apply for registration, and may also be fined. 　48th with unregistered trademarks, any of the following acts by the local industrial and commercial administrative departments to stop, rectify, and can be communicated or impose a fine: (a) falsely represented as registered trademarks, (ii) violation of this law article tenth; (c) the shoddy, shoddy, deceiving consumers. 　　49th to cancel a registered trademark by the Trademark Office's decision, any party dissatisfied with, from the date of receipt of the notification in the 15th with the trademark review and adjudication Board, apply for a review by the trademark review and adjudication Board shall make a decision and notify the applicant in writing. 　The party disagrees with the decision of the trademark review and adjudication Board, from the date of receipt of the notification within the 30th to a people's Court. 45th 50th to the Administrative Department for industry and Commerce according to the law provisions, 47th, 48th, penalty decisions made, any party dissatisfied with, from the date of receipt of the notification in the 15th, to the courts; expiration not to prosecute or carry out by the relevant industrial and commercial administrations apply to a people's Court for compulsory execution. 　The seventh chapter of the right to exclusive use of registered trademarks protected 51st right to exclusive use of registered trademarks to approve limited approved use of the registered trademark and commodity. 　　52nd article has following behavior one of of, are is violations registered trademark dedicated right: (a) without trademark registered people of license, in with a commodity or similar commodity Shang using with registered trademark same or approximate of trademark of; (ii) sales violations registered trademark dedicated right of commodity of; (three) forged, and unauthorized manufacturing others registered trademark identifies or sales forged, and unauthorized manufacturing of registered trademark identifies of; (four) without trademark registered people agreed, replaced its registered trademark and will the replaced trademark of commodity and input market of; 　(E) other damage caused to another person's right to exclusive use of registered trademarks. 53rd this law 52nd listed in section one of the acts violating the right to exclusive use of registered trademarks, disputes and resolved by the parties through consultation; not consultation or through consultation, trademark registration, or an interested person may bring a lawsuit, or request the administration of industry and Commerce departments. When the industrial and commercial administrative departments, finds that infringement is established shall be ordered to immediately stop the infringing act, confiscate and destroy the infringing goods and designed to manufacture the infringing goods, counterfeit registered trademarks, and may be subject to a fine. Not satisfied with the decision of the parties, May 15th from the date of receipt of the notification in accordance with the People's Republic of China administrative litigation law of the people's Court; infringer suit does not comply, the Administration for industry and commerce may request the people's Court for compulsory execution. 　Handle administration for industry and Commerce according to the request of the parties, can mediate in the amount of compensation for infringement of trademark right; in case of a dispute, the parties may, in accordance with the People's Republic of China Law of civil procedure Court. 　54th on the violations of the right to exclusive use of registered trademarks, industrial and commercial administrative departments have the right to investigate and punish; suspected of a crime, shall be promptly transferred to the judicial organs according to law. 　　55th article County above business administration sector according to has made of illegal suspected evidence or reported, on suspected violations others registered trademark dedicated right of behavior for investigation Shi, can exercise following terms: (a) asked about party, survey and violations others registered trademark dedicated right about of situation; (ii) check out, and copy party and infringement activities about of contract, and invoice, and books and other about information; 　　(C) the parties engage in place of violations of the right to exclusive use of registered trademarks of others to conduct inspections; (d) checks and items relating to infringement activities; evidence of violations of the right to exclusive use of registered trademarks of others, can be sealed up or seized. 　Industrial and commercial administrative departments according to law when exercising the powers prescribed in the preceding paragraph, the Parties shall assist and cooperate, and may not refuse or obstruct. 　　56th level of compensation for violations of the right to exclusive use of trademarks, acquired for infringement infringement during the infringement on the interests of or infringement infringement during the infringement on the losses, including those paid by the infringer to stop the infringing act of reasonable expenses. Infringer for infringement referred to in the preceding paragraph gains or infringement caused by the infringement is difficult to determine the loss suffered by the people's Court according to the plot of the tort judgments given below 500,000 yuan in compensation. 　　Sales do not know is a violation of the right to exclusive use of registered trademarks goods, can prove that the goods are lawfully acquired and State providers, assumes no liability for damages. 　　57th trademark registrant or interested party has evidence to prove that others are being implemented or imminent acts of violations of the right to exclusive use of a registered trademark of, if not stopped, will cause irreparable damage to their legitimate rights and interests, before sue and you can apply to the Court to order the suspension of the Act and the measures for property preservation. 　People's Court for handling applications in the preceding paragraph, shall apply to the People's Republic of China Law of civil procedure article 93rd to 96th and 99th of the regulations. 　　Article 58th to stop the infringing act, in the case of evidence may be destroyed or lost or difficult to obtain later, the trademark registrant or interested parties can sue to the people's Court for preservation of the evidence before it. 　　The people's Court accepted an application, must be made within 48 hours of order; order to adopt security measures, should be started immediately. 　　The people's Court may order the applicant to provide security, the applicant fails to provide security, to reject the application. 　Applicants not to prosecute in the 15th after the people's Court to take protective measures, the people's Court shall cancel the protective measures. 　　59th without the permission of the trademark registration, in the same kind of commodities on the same trademark as their trademark, constitute a crime, except to compensate the infringed people's losses, criminal responsibility shall be investigated according to law. 　　Counterfeit, unauthorized manufacture other registered trademarks or sale of counterfeit, or made without authorization of the registered trademark constitutes a crime, except to compensate the infringed people's losses, criminal responsibility shall be investigated according to law. 　He knows bear a counterfeited registered trademark goods on sale, constitute a crime, except to compensate the infringed people's losses, criminal responsibility shall be investigated according to law. 　　60th engaged in trademark registration, management and review staff members of State organs must enforce the law impartially, self-discipline, loyalty, civilized service. 　The trademark office or the trademark review and adjudication Board and trademark registration, management and review of staff members of State organs shall not engage in the trademark business and production operations. 　61st industrial and commercial administrative departments should establish an internal monitoring system, is responsible for the registration, administration and reexamination of trademarks State personnel enforce laws, administrative regulations and discipline, supervision and inspection. 62nd engaged in trademark registration, management and review State of dereliction of duty, abuse of power, favoritism and illegal for trademark registration, administration and reexamination of matters and accept the party's property, making improper benefits, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law. 　Eighth chapter supplementary articles article 63rd applying for trademark registration or handling other trademark matters shall pay the fee, the specific standards set. 64th article this law shall enter into force on March 1, 1983. 　　The trademark Ordinance released by the State Council on April 10, 1963, at the same time the abolition of other provisions of the relevant trademark, all in contravention of this law, and failure. Trademarks registered before this law shall remain valid.