TRADEMARK LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the 24th Session of
the Standing Committee of the Fifth National People's Congress, on August 23, 1982)

Chapter: /Article:
I  1 2 3 4 5 6 7 8 9 10
II  11 12 13 14 15
III  16 17 18 19 20 21 22
IV  23 24 25 26
V  27 28 29
VI  30 31 32 33 34 35 36
VII  37 38 39 40
VIII  41 42 43

Chapter I. General Provisions

Article 1. This Law is enacted for the purposes of improving the administration of trademarks, of protecting the exclusive right to use a trademark, and of encouraging producers to guarantee the quality of their goods and maintain the reputation of their trademarks, with a view to protecting consumer interests and to promoting the development of socialist commodity economy.

Article 2. The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administrative control of trademarks throughout the country.

Article 3. Registered trademark means a trademark which has been approved and registered by the Trademark Office. The trademark registrant shall enjoy an exclusive right to use the trademark, (which right shall be) protected by law.

Article 4. Any enterprise, institution, or individual producer or trader, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the trademark with the Trademark Office.

Article 5. Where the State prescribes that certain kinds of goods must bear a registered trademark, registration of a trademark must be applied for in respect of such goods. Where no trademark registration has been granted, such goods shall not be sold in the market.

Article 6. Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at all levels shall, through the administrative control of trademarks, exercise supervision over the quality of the goods and shall stop any practice that deceives consumers.

Article 7. Any word, design, or their combination, used as a trademark, must be distinctive so that it be distinguishable. Where a registered trademark is used, it should carry the indication "Registered Trademark" or a sign indicating that it is registered.

Article 8. In trademarks, the following words or designs shall not be used:
(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China;
(2) those identical with or similar to the State names, national flags, national emblems, or military flags, of foreign countries;
(3) those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
(4) those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
(5) those relating to generic names or designs of the goods in respect of which the trademark is used;
(6) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
(7) those having the nature of discrimination against any nationality;
(8) those having the nature of exaggeration and deceit in advertising goods;
(9) those detrimental to socialist morals or customs, or having other unhealthy influences.

Article 9. Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.

Article 10. Any foreigner or foreign enterprise intending to apply for the registration of a trademark, or to deal with other matters concerning a trademark in China, shall entrust the organization designated by the State to act on his or its behalf.

Chapter II. Application for Trademark Registration

Article 11. Any application for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is intended to be used.

Article 12. Where any applicant intends to use the same trademark for goods in different classes, a separate application for registration shall be filed in respect of each class of the prescribed classification of goods.

Article 13. Where a registered trademark is intended to be used in respect of other goods of the same class, a new application for registration shall be filed.

Article 14. Where any word and/or design of a registered trademark is to be altered, a new registration shall be applied for.

Article 15. Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.

Chapter III. Examination for, and Approval of, Trademark Registration

Article 16. Where the trademark for which registration has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminary approve the trademark and publish (it).

Article 17. Where the trademark for which registration has been applied for is not in conformity with the relevant provisions of this Law, or where it is identical with or similar to the trademark of another person which, in respect of the same or similar goods, has been registered or, after examination, preliminary approved, the Trademark Office shall refuse the application and shall not publish (the said trademark).

Article 18. Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and (their trademarks) shall not be published.

Article 19. Any person may, within three months from the date of the publication, file an opposition against the trademark which, after examination, has been preliminary approved. If no opposition is filed, or if it is decided that the opposition is not justified, registration shall be approved, a trademark registration certificate shall be issued and (the trademark) shall be published. If it is decided that the opposition is justified, no registration shall be approved.

Article 20. The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for handling trademark disputes.

Article 21. Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant in writing. Where the applicant is dissatisfied, he may, within fifteen days from the receipt of the notification, apply for a review. The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

Article 22. Where an opposition is filed against the trademark which, after examination, has been preliminary approved and published, the Trademark Office shall hear the opponent and the applicant state facts and grounds and shall, after investigation and verification, make a decision. Where any party is dissatisfied, it may, within fifteen days from the receipt of the notification, apply for review, and the Trademark Review and Adjudication Board shall make a final decision, and notify the opponent and the applicant in writing.

Chapter IV. Renewal, Assignment and Licensing of Registered Trademarks

Article 23. The period of validity of a registered trademark shall be ten years counted from the date of the approval of the registration.

Article 24. Where ( the registrant) intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no such application could be filed within the said period, an extension period of six months may be allowed. If no application is filed by the expiration of the extension period, the registered trademark shall be canceled.
The period of validity of each renewal of registration shall be ten years.
Any renewal of registration shall be published after approval.

Article 25. Where a registered trademark is assigned, the assignor and assignee shall jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.
The assignment of the registered trademark shall be published after approval.

Article 26. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licenser shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.
The trademark license contract shall be submitted to the Trademark Office for the file.

Chapter V. Adjudication of Disputes Concerning Registered Trademarks

Article 27. Any person disputing a registered trademark may, within one year from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.
The Trademark Review and Adjudication Board shall, after the receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.

Article 28. Where the trademark, before being approved for registration, has been the object of opposition and decision, no application for adjudication, based on the same facts and grounds, may be made.

Article 29. After the Trademark Review and Adjudication Board has made the final decision maintaining or canceling the disputed registered trademark, it shall notify the interested parties in writing.

Chapter VI. Administrative Control of the Use of Trademarks

Article 30. Where any person who uses the registered trademark commits any of the following, the Trademark Office shall order him to rectify (the situation) within a specified period or shall cancel the registered trademark:
(1) where any word, design, or their combination, of the registered trademark is altered unilaterally (that is, without the required registration);
(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);
(3) where the registered trademark is assigned unilaterally (that is, without the required approval);
(4)where the registered trademark has ceased to be used for three consecutive years.

Article 31. Where the registered trademark is used in respect of goods which have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, (so that) consumers are deceived, the administrative authorities for industry and commerce at all levels shall, according to the circumstances, order the rectification (of the situation) within a specified period, and may, in addition circulate a notice of criticism or impose a fine, or the Trademark Office may cancel the registered trademark.

Article 32. Where the registered trademark is canceled or has expired and not been renewed, the Trademark Office shall not approve, during one year from the date of the cancellation or the removal (on account of expiration), applications for registration of trademarks identical with or similar to the said trademark.

Articles 33. In the case of any person violating the provisions of Article 5 of this Law, the local administrative authorities for industry and commerce shall order him to file and application for registration within a specified period, and may, in addition, impose a fine.

Article 34. Where any person who uses an unregistered trademark commits any of the following, the local administrative authorities for industry and commerce shall stop the use of the trademark, order him to rectify (the situation) within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:
(1) where the trademark is falsely represented as registered;
(2) where any provision of Article 8 of this Law is violated;
(3) where the manufacture is rough or poor, or where superior quality is replaced by inferior quality, (so that) consumers are deceived.

Article 35. Any party dissatisfied with the decision of the Trademark Office to cancel the registered trademark may apply for review within fifteen days, from the receipt of the (corresponding) notice. The Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

Article 36. Any party dissatisfied with the decision of an administrative authority for industry and commerce imposing a fine under the provisions of Articles 31, Article 33 or Article 34 may institute proceedings with the people's court within fifteen days from the receipt of the (corresponding) notice. If no proceedings are instituted or if there is no performance ( complying with the decision imposing the fine) by the expiration of the said period, the administrative authority for industry and commerce concerned may ask the people's court for compulsory execution.

Chapter VII. Protection of the Exclusive Right to Use Registered Trademarks

Article 37. The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

Article 38. Any of the following acts shall be an infringement of the exclusive right to use a registered trademark: (1) to use a trademark which is identical with or similar to the registered trademark in respect of the same or similar to the registered trademark in respect of the same or similar goods without the authorization of the proprietor of the registered trademark;
(2) to make or sell, without authorization, representations of the registered trademark of another person;
(3) to cause, in other respects, prejudice to the exclusive right to use the registered trademark of another person.

Article 39. In the case of any of the acts infringing the exclusive right to use a registered trademark as provided for in Article 38 of this Law, the party whose right was infringed may request the administrative authority for industry and commerce, at or above the county level, of the location (domicile or establishment) of the infringer to handle (the matter). The administrative authority for industry and commerce concerned shall have the power to order the infringer to stop the infringing act immediately and to compensate the party whose right was infringed for the damages suffered. The amount of compensation shall be the profit which the infringer has earned through the infringement during the period of the infringement or the damages that the party whose right was infringed has suffered through the infringement during the period of the infringement. If the circumstances are serious, the said authority may, in addition, impose a fine. Any dissatisfied party may institute proceedings with the people's court within fifteen days from the receipt of the notice. If no proceedings are institute or if there is no performance (complying with the decision imposing the fine) by the expiration of the said period, the administrative authority for industry and commerce concerned may ask the people's court for compulsory execution. Where the exclusive right to use the registered trademark was infringed, the party whose right was infringed may institute proceedings directly with the people's court.

Article 40. Any party that passes off a registered trademark of another person - including any party that makes or sells, without authorization, representations of the registered trademark of another person - shall compensate for the damages suffered by the party whose right was infringed and additionally shall be imposed a fine; furthermore, any person directly responsible (for the passing off) shall be prosecuted, according to law, by the judicial organs in respect of criminal responsibility.

Chapter VIII. Supplementary Provisions

Article 41. Any application for trademark registration and any other proceeding in trademark matters shall be subject to the payment of a fee. The rate of the fees shall be prescribed separately.

Article 42. The Implementing Regulations of the Law shall be drawn up by the administrative authority for industry and commerce under the State Council. They shall enter into force after they have been submitted to and approved by the State Council.

Article 43. This Law shall enter into force on March 1, 1983. The "Regulations Governing Trademarks" promulgated by the State Council on April 10, 1963, shall be abrogated on the same date, and any other provision concerning trademark contrary to this Law shall cease to be effective at the same time.
Trademarks registered before this Law enters into force shall continue to be valid.
(The English translations are for reference only)