(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982; amended for the first time according to the Decision on Amending the Trademark Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993; amended for the second time according to the Decision on Amending the Trademark Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the third time according to the Decision on Amending the Trademark Law of the People's Republic of China at the 4th Meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013; and amended for the fourth time according to the Decision on Amending the Construction Law of the People's Republic of China and Other Seven Laws at the 10th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019)

Contents

Chapter  I     General Provisions

Chapter  II    Application for Trademark Registration

Chapter  III   Review and Approval of Trademark Registration

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

Chapter  V     Declaration of the Invalidity of Registered Trademarks

Chapter  VI    Administration of Trademark Use

Chapter  VII   Protection of the Exclusive Right to the Use of a Registered Trademark

Chapter  VIII  Supplementary Provisions

Chapter I  General Provisions

Article 1 This Law is enacted for the purpose of improving the administration of trademarks, protecting the exclusive right to the use of a trademark, and encouraging producers and business operators to guarantee the quality of their goods and services and preserve trademark reputation, so as to protect the interests of consumers, producers and business operators and promote the development of the socialist market economy.

Article 2 The trademark office of the administrative department for industry and commerce under the State Council shall be in charge of trademark registration and administration nationwide.

The administrative department for industry and commerce under the State Council shall establish a trademark review and adjudication board to be responsible for handling trademark disputes.

Article 3 Registered trademarks refer to trademarks that are registered with the approval of the trademark office, including trademarks for goods and services, collective trademarks and certification trademarks. The owner of a registered trademark enjoys the exclusive right to the use of the trademark, which shall be protected by law.

For purposes of this Law, a collective trademark refers to an indication that is registered in the name of a society, association, or any other organization for use in business by its members to indicate membership.

For purposes of this Law, a certification trademark refers to an indication that, while controlled by an organization capable of exercising supervision over a particular kind of goods or services, is used by other entities or individuals for their goods or services to certify the place of origin, ingredients, mode of manufacture, quality, or other specified properties of the said goods or services.    

Particulars pertaining to the registration and administration of collective trademarks and certification trademarks shall be formulated by the administrative department for industry and commerce under the State Council.

Article 4 A natural person, legal person or any other organization that needs to obtain the exclusive right to the use of a trademark for its goods or services during production and business operations shall apply for trademark registration with the trademark office. A bad faith trademark registration application not made for the purpose of using the trademark shall be rejected.

Provisions regarding trademarks for goods in this Law shall apply to trademarks for services.

Article 5 Two or more natural persons, legal persons, or organizations of other types may jointly file an application with the trademark office for the registration of one and the same trademark and jointly enjoy and exercise the exclusive right to the use of the trademark.

Article 6 For certain goods on which the use of a registered trademark is required under laws or administrative regulations, a trademark registration application must be filed. Such goods shall not be sold without an approved and registered trademark.

Article 7 The principle of good faith shall be upheld in the application for trademark registration and in the use of trademarks.

The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall, through the administration of trademarks, put an end to any deceptive practice against consumers. 

Article 8 Any sign capable of distinguishing the goods of a natural person, legal person or any other organization from those of others, including words, graphs, letters, numbers, three-dimensional symbols, color combinations, sound or any combination thereof, may be registered as a trademark through application.

Article 9 A trademark submitted for registration shall bear distinctive characteristics and be readily distinguishable, and it shall not conflict with the legitimate rights obtained by others earlier. 

A trademark registrant shall have the right to indicate the wording "Registered Trademark" or the sign showing that the trademark is registered. 

Article 10 None of the following signs may be used as trademarks:

(1) those identical with or similar to the state name, the national flag, emblem or anthem, the military flag, emblem or songs, or the medals of the People's Republic of China; or those identical with the names or emblems of central state organs, the names of the specific locations where the central state organs are seated; or those identical with the names or designs of landmark buildings;

(2) those identical with or similar to the state name, national flag, national emblem or military flag etc., of a foreign country, except with the consent of the government of that country;

(3) those identical with or similar to the name, flag or emblem of an international inter-governmental organization, except with the consent of that organization or except where it is unlikely to mislead the public;

(4) those identical with or similar to an official mark or inspection stamp that indicates control or guarantee, except where authorized;

(5) those identical with or similar to the name or symbol of the Red Cross or the Red Crescent;

(6) those embodying ethnic discrimination;

(7) those that are deceptive and are likely to mislead the public in terms of the quality, place of production or other characteristics of the goods; and

(8) those harmful to socialist ethics or good morals, or having other adverse effects.

No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark. Registered trademarks in which geographical names are used shall remain valid. 

Article 11 None of the following signs shall be registered as trademarks:

(1) those consisting of only the generic names, designs, or model numbers of the goods concerned;  

(2) those indicating directly and exclusively the quality, principal ingredients, functions, intended use, weight, quantity or other features of the goods; and

(3) other signs lacking distinctive features.

A sign as described in the preceding paragraph may be registered as a trademark if, in the course of use, it has acquired distinctive features and become readily distinguishable. 

Article 12 A three-dimensional sign shall not be registered as a trademark if the sign merely consists of shapes resulting from the inherent nature of the goods concerned, shapes necessary to achieve a specific technical function, or shapes that give substantive value to the goods.

Article 13 An owner of a trademark that is well known by the relevant public may, if he holds that his rights have been infringed upon, request for well-known trademark protection in accordance with this Law.

The registration of the trademark shall be denied and the use of the sign prohibited if the sign concerned is a reproduction, imitation, or translation of another person's well-known trademark of an identical or similar kind of goods not registered in China, and thus is liable to cause confusion.  

The registration of the trademark shall be denied and the use of the sign prohibited if the sign concerned is a reproduction, imitation, or translation of another person's well-known trademark of a different or dissimilar kind of goods registered in China, and thus may mislead the public and impair the interests of the registrant of the well-known trademark.

Article 14 A well-known trademark shall be recognized as a fact that needs to be ascertained in dealing with a trademark-related case upon request by the party concerned. The following factors shall be taken into consideration in the recognition of a well-known trademark:

(1) degree of public awareness of the trademark;

(2) duration of use of the trademark;

(3) duration, extent and geographical spread of all promotion efforts for the trademark;

(4) records of protection for the trademark as a well-known trademark; and

(5) other factors supporting the trademark's recognition as well-known.

Where the party concerned claims rights according to Article 13 of this Law in a trademark registration review or during the process whereby the administrative department for industry and commerce investigates and handles a case involving trademark infringement, the trademark office may, based on the need for reviewing or handling the case, decide whether or not to recognize the relevant trademark as a well-known one.

Where the party concerned claims rights according to Article 13 of this Law, during the handling of a trademark dispute, the trademark review and adjudication board may, based on the need for handling the cases, decide whether or not to recognize the relevant trademark as a well-known one.

Where the party concerned claims rights according to Article 13 of this Law during the proceeding of a civil or administrative case involving a trademark, the people's court designated by the Supreme People's Court may, based on the need for trying the case, decide whether or not to recognize the relevant trademark as a well-known one.

No producers or business operators may indicate the words "well-known trademark" upon the goods, the packaging or the containers of the goods, nor may they use the same for advertising, exhibition or other commercial activities.

Article 15 Where an agent or representative, without authorization of the principal or the represented party, seeks to register in its own name the principal's or the represented party's trademark, and the principal or the represented party raises objections, the registration of the trademark shall be denied and its use shall be prohibited. 

The registration of a trademark for the same kind of goods, or similar goods shall be denied if the trademark under application is identical with or similar to an unregistered trademark already used by another party, while the applicant is clearly aware of the existence of the trademark of such another party due to contractual, business or other relationships with the latter aside from the relationships prescribed in the preceding paragraph, and this other party raises objections to the trademark registration application in question.

Article 16 Where a trademark bears a geographical indication of the goods when the place indicated is not the origin of the goods in question, thus misleading the public, the registration of the trademark shall be denied and its use shall be prohibited. However, where the registration is acquired in good faith, it shall remain valid.

The geographical indication mentioned in the preceding paragraph refers to a sign that indicates the place of origin of the goods of which the special qualities, credibility or other characteristics are primarily determined by the natural or humanistic factors of the place of origin.    

Article 17 Where a foreigner or foreign enterprise applies for trademark registration in China, the matter shall be handled in accordance with the agreement concluded between the country to which the applicant belongs and the People's Republic of China, or the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.

Article 18 A party may apply for trademark registration or handle trademark-related matters on its own or by entrusting a trademark agency established according to the law.

A foreigner or foreign enterprise shall entrust a trademark agency established according to the law with the application for trademark registration and the handling of 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 as entrusted by the principals, and keep confidential the principals' trade secrets that come to their knowledge in the execution of agency.

Where a trademark, of which the registration application is entrusted, may fall under the circumstances in this Law where registration shall not be allowed, the trademark agency shall explicitly so inform the principal.

A trademark agency shall not accept the entrustment of a principal if it knows or should know that the trademark of which the registration application is entrusted falls under any of the circumstances in Article 4, Article 15 and Article 32 of this Law.

A trademark agency shall not apply for registration of trademarks other than those related to its agency service.

Article 20 The trademark agency industry association shall, pursuant to its articles of association, strictly enforce the conditions for admitting members, and mete out sanctions against the members violating industry self-disciplinary standards. The trademark agency industry association shall publish in time information on the members admitted and the disciplinary sanctions against its members.

Article 21 International trademark registration shall be governed by the systems established by relevant international treaties concluded or acceded to by the People's Republic of China. The specific measures in this regard shall be formulated by the State Council.

Chapter II  Application for Trademark Registration

Article 22 A trademark registration applicant shall, according to the prescribed categories of goods, indicate in the application the types and the names of goods for which the trademark is to be used.

A trademark registration applicant may apply for registration of the same trademark for multiple types of goods in one application.

A trademark registration application and other relevant documents may be submitted in writing or by way of data message.

Article 23 For obtaining the exclusive right to the use of a registered trademark on goods beyond the approved scope of use, a new registration application shall be made. 

Article 24 If a change needs to be made to the signs of a registered trademark, an application shall be filed anew.

Article 25  Where an applicant, within six months from the date he applies for registration of his trademark for the fist time in a foreign country, again applies in China for registration of one and the same trademark for the same kind of goods, he may, in accordance with the agreement concluded between the foreign country concerned and China or the international treaty to which both countries are parties, or based on the principle of mutual recognition of priority rights, enjoy priority.  

Where, in accordance with the preceding paragraph, an applicant claims priority, he shall so state in writing at the time when he files the application for trademark registration and shall, within three months, submit a copy of the original application he files for the first time. Failure on the part of the applicant to make the statement in writing or to submit a copy of the original application within the time limit shall be regarded as not claiming priority.  

Article 26 The applicant for registration of a trademark that is used for the first time on goods displayed at an international exhibition organized or recognized by the Chinese Government may enjoy priority within six months from the date when the said goods are displayed on exhibition.  

Where, in accordance with the preceding paragraph, an applicant claims priority, he shall so state in writing at the time when he files the application for trademark registration and shall, within three months, submit the name of the exhibition, evidence supporting the use of the trademark on the goods displayed, documents proving the date of the exhibition, etc. Failure to make the statement in writing or to submit the documents within the time limit shall be regarded as not claiming priority. 

Article 27 Matters stated in the application for trademark registration and all materials provided shall be truthful, accurate and complete.

Chapter III  Review and Approval of Trademark Registration

Article 28 The trademark office shall complete the review of a trademark under registration application within nine months from the date of receiving the application documents for trademark registration, and shall issue a preliminary approval announcement if the said application is in compliance with the relevant provisions of this Law.

Article 29 If during the review, the trademark office believes that the contents of the trademark registration application need to be explained or corrected, it may require the applicant to do so. The failure of the applicant to provide explanations or make corrections shall not affect the trademark office in making a decision upon review.

Article 30 Where a trademark, for the registration of which an application is made, does not conform to the relevant provisions of this Law or is identical with or similar to a trademark for the same kind of goods or similar goods that is already registered by another person or is preliminarily approved, the trademark office shall reject the application with no announcement. 

Article 31 Where two or more applicants apply to register identical or similar trademarks for the same kind of goods or similar goods, the trademark with an earlier application date shall be preliminarily approved with an announcement. Where the applications are filed on the same day, the trademark office shall preliminarily approve and announce the trademark the use of which is earlier, and reject with no announcement the applications for registering other trademarks.

Article 32  In trademark registration, no applicant may infringe upon another person's existing prior rights, nor may the applicant, by illegitimate means, file preemptive registration of a trademark that is already in use by another person and has certain influence.

Article 33 Where a holder of prior rights or an interested party holds the opinion that the trademark announced upon preliminary approval is in violation of the second or third paragraph of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31, or Article 32 of this Law, or anyone holds the opinion that such a trademark is in violation of Article 4, Article 10, Article 11, Article 12 or the fourth paragraph of Article 19 of this Law, the opinion holder may, within 3 months from the date of the announcement, raise objections to the trademark office. If no objection is raised within the set period of the announcement, the trademark office shall approve the registration application, issue the certificate of trademark registration, and make an announcement thereon.  

Article 34 Where an application for trademark is rejected and no announcement is to be made, the trademark office shall so notify the trademark registration applicant concerned in writing. An applicant that disagrees with the result may, within 15 days from the date of receiving the notice, apply to the trademark review and adjudication board for a second review. The trademark review and adjudication board shall, within nine months from the date of receiving the second review application, make a decision and notify the applicant in writing. Where necessary under special circumstances, an extension of 3 months may be granted upon approval by the administrative department for industry and commerce under the State Council. An applicant that disagrees with the decision of the trademark review and adjudication board may, within 30 days from the date of receiving the notice, bring a lawsuit to a people's court.

Article 35 Where objections are raised against a trademark for which a preliminary approval announcement has been made, the trademark office shall listen to the facts and grounds stated by both the opponent and the opposed, and, after investigation and verification, make a decision on whether or not to approve the registration of the trademark within 12 months from the expiration of the announcement period, and shall notify the opponent and the opposed of the decision in writing. Where necessary under special circumstances, an extension of 6 months may be granted upon approval by the administrative department for industry and commerce under the State Council.

Where the trademark office decides to approve the trademark registration, it shall issue the certificate of trademark registration to the applicant and make an announcement thereon. The opponent disagreeing with the decision may request the trademark review and adjudication board to declare the said registered trademark invalid in accordance with Article 44 or Article 45 of this Law.

Where the trademark office decides not to approve a trademark registration, the opposed party disagreeing with the decision may apply for a second review to the trademark review and adjudication board within 15 days from the date of receiving the relevant notice. The trademark review and adjudication board shall make a decision after the second review, and notify both the opponent and the opposed party of such a decision in writing within 12 months from the date of receiving the application for a second review. Where it is necessary under special circumstances, an extension of 6 months may be granted upon approval by the administrative department for industry and commerce under the State Council. The opposed disagreeing with the decision made by the trademark review and adjudication board may bring a lawsuit to the people's court within 30 days from the date of receiving the notice, in which case the people's court shall notify the opponent to participate in the litigation proceedings as a third party.

When carrying out the second review in accordance with 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 being tried by a people's court or being handled by an administrative organ. The trademark review and adjudication board shall resume the review procedure once the circumstances for suspension are eliminated. 

Article 36 Where, upon the expiry of the statutory time limit, a party concerned fails to apply for a second review of the decision on rejection of a registration application or decision on denial of registration made by the trademark office, or fails to bring a lawsuit to the people's court against the decision of review made by the trademark review and adjudication board, the decision on rejection of a registration application, the decision on denial of registration or the decision of the second review shall become effective.

Where the registration of a trademark is approved after the objection to its registration is found to be unsubstantiated upon review, the time when the trademark registration applicant obtains the exclusive right to the use of the trademark shall commence from the date of the expiry of the 3-month period of the preliminary approval announcement. During the period from the date of the expiry of the said announcement period to the time of decision on approving the registration of the trademark, the trademark shall have no retroactive effect on the use of an identical or similar mark by another party on the same kind of goods or similar goods. However, such a party shall be liable for compensating any losses caused maliciously to the trademark registrant.

Article 37 Applications for trademark registration and for a second review shall be reviewed without delay. 

Article 38 Where an applicant for trademark registration or a registrant discovers an obvious error in the trademark application or registration documents, the applicant may apply for its correction. The trademark office shall, in accordance with law and within the limits of its functions and powers, make corrections and notify the relevant party.

The correction of errors mentioned in the preceding paragraph shall not involve substantive matters in the application or registration documents.