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Trademark Law of the People's Republic of China (Amended in 2019)

(1982年8月23日第五届全国人民代表大会常务委员会第二十四次会议通过 根据1993年2月22日第七届全国人民代表大会常务委员会第三十次会议《关于修改〈中华人民共和国商标法〉的决定》第一次修正 根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改〈中华人民共和国商标法〉的决定》第二次修正 根据2013年8月30日第十二届全国人民代表大会常务委员会第四次会议《关于修改〈中华人民共和国商标法〉的决定》第三次修正 根据2019年4月23日第十三届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国建筑法〉等八部法律的决定》第四次修正)

Chapter XNUMX General

Article XNUMX In order to strengthen the management of trademarks, protect the right to exclusive use of trademarks, urge producers and operators to ensure the quality of goods and services, maintain the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy, it is specially formulated. this law.

Article XNUMX The Trademark Office of the State Council Administration for Industry and Commerce is in charge of the national trademark registration and management.

The administrative department for industry and commerce of the State Council shall set up a Trademark Review and Adjudication Committee to be responsible for handling trademark disputes.

Article XNUMX The trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; trademark registrants enjoy the exclusive right to use the trademark and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for the members of the organization to use in commercial activities to indicate the user's membership in the organization.

The term “certification mark” as mentioned in this Law refers to the fact that it is controlled by an organization that has the ability to supervise a certain commodity or service, and is used by a unit or individual other than the organization for its commodity or service to prove the origin of the commodity or service. , raw materials, methods of manufacture, quality or other indications of specific qualities.

The special matters concerning the registration and management of collective marks and certification marks shall be prescribed by the administrative department for industry and commerce under the State Council.

Article XNUMX Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in its production and business activities, it shall apply to the Trademark Office for trademark registration.Bad faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law concerning commodity marks shall apply to service marks.

Article XNUMX Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

Article XNUMX For commodities that must use registered trademarks as stipulated by laws and administrative regulations, an application for trademark registration must be applied.

Article XNUMX When applying for registration and use of a trademark, the principle of good faith shall be followed.

The trademark user shall be responsible for the quality of the goods on which it uses the trademark.The administrative departments for industry and commerce at all levels shall, through trademark management, stop the acts of deceiving consumers.

Article XNUMX Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as the combination of the above elements, can be used as Trademark application for registration.

Article XNUMX A trademark applied for registration shall have distinctive features, which are easy to identify, and shall not conflict with the legal rights previously acquired by others.Trademark registrants have the right to mark "registered trademarks" or registered marks.

Article XNUMX The following signs shall not be used as trademarks:

(XNUMX) Those identical or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as the name, logo, name of a specific location or landmark building of the central state organ The names and figures of the objects are the same;

(XNUMX) Those that are identical to or similar to foreign country names, national flags, national emblems, military flags, etc., unless approved by the government of that country;

(XNUMX) It is the same or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not easy to mislead the public;

(XNUMX) Those that are identical or similar to the official signs and inspection marks indicating the implementation of control and guarantee, except those authorized;

(XNUMX) Those with the same or similar names and symbols as "Red Cross" and "Red Crescent";

(XNUMX) Being discriminatory against ethnic groups;

(XNUMX) Being deceptive and easily causing the public to misunderstand the quality and other characteristics of the commodity or the place of origin;

(XNUMX) Those that are harmful to socialist morality or have other adverse effects.

The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks.However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; the registered trademark using the geographical name continues to be valid.

Article XNUMX The following signs shall not be registered as trademarks:

(XNUMX) Only have the common name, graphics and model of the product;

(XNUMX) Only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodities;

(XNUMX) Others lacking distinctive features.

The signs listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easy to identify.

Article XNUMX Where an application for registration of a trademark is made with a three-dimensional sign, the shape only produced by the nature of the commodity itself, the shape of the commodity required to obtain technical effects, or the shape that makes the commodity have substantial value shall not be registered.

Article XNUMX For a trademark well known to the relevant public, when the holder believes that his rights have been infringed, he may request the protection of a well-known trademark in accordance with the provisions of this Law.

If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration of the same or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, which misleads the public and causes the interests of the registrant of the well-known trademark may be damaged, the registration shall not be granted and its use shall be prohibited.

Article XNUMX A well-known trademark shall be identified as a fact that needs to be identified in handling a trademark-related case at the request of the party concerned.The following factors should be considered in the determination of a well-known trademark:

(XNUMX) The degree of awareness of the relevant public about the trademark;

(XNUMX) the duration of the use of the trademark;

(XNUMX) the duration, extent and geographic scope of any publicity of the mark;

(XNUMX) Records that the trademark is protected as a well-known trademark;

(XNUMX) Other factors that make the trademark well-known.

During the process of trademark registration examination and the investigation and handling of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article XNUMX of this Law, the Trademark Office may, according to the needs of examination and handling of the case, determine the well-known status of the trademark.

In the process of handling trademark disputes, if the parties claim their rights in accordance with Article XNUMX of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, determine the well-known status of the trademark.

During the trial of trademark civil or administrative cases, if the parties claim their rights in accordance with the provisions of Article XNUMX of this Law, the people's court designated by the Supreme People's Court may, according to the needs of hearing the case, determine the well-known status of the trademark.

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertisements, exhibitions and other commercial activities.

Article XNUMX Without authorization, the agent or representative registers the trademark of the principal or the representative in his own name. If the principal or the representative raises an objection, the registration shall not be granted and the use thereof shall be prohibited.

Where the trademark applied for registration for the same commodity or similar commodity is identical or similar to the unregistered trademark previously used by another person, the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph and knows that the trademark of the other person exists, If the other person raises an objection, the registration will not be granted.

Article XNUMX If there is a geographical indication of a commodity in a trademark, and the commodity does not originate from the area indicated by the indication, which misleads the public, the registration shall not be granted and its use shall be prohibited; however, the registration that has been obtained in good faith shall continue to be valid.

The term "geographical indication" as mentioned in the preceding paragraph refers to a sign indicating that a commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural or humanistic factors of the region.

Article XNUMX When a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed by the country to which it belongs and the People's Republic of China or the international treaty to which it is a joint party, or shall be handled in accordance with the principle of reciprocity.

Article XNUMX To apply for trademark registration or to handle other trademark matters,Can do it yourself, or entrust a legally established trademark agency to handle it.

When foreigners or foreign enterprises apply for trademark registration and other trademark matters in China, they shall entrust a legally established trademark agency to handle them.

Article XNUMX A trademark agency shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the principal; Confidentiality.

Where the trademark that the client applies for registration may be subject to the circumstances in which registration is prohibited as stipulated in this Law, the trademark agency shall clearly inform the client.

If the trademark agency knows or should know that the trademark that the client applies for registration falls under the circumstances specified in Articles XNUMX, XNUMX and XNUMX of this Law, it shall not accept its entrustment.

A trademark agency shall not apply for registration of other trademarks except for its agency services.

Article XNUMX Trademark agency industry organizations shall, in accordance with the regulations, strictly implement the conditions for recruiting members, and punish members who violate industry self-discipline norms.Trademark agency trade organizations shall promptly announce to the public the membership they have recruited and the punishments imposed on them.

Article XNUMX The international registration of trademarks follows the system established by the relevant international treaties concluded or acceded to by the People's Republic of China, and the specific measures shall be prescribed by the State Council.

Chapter II Application for Trademark Registration

Article XNUMX An applicant for trademark registration shall fill in the commodity category and commodity name using the trademark according to the prescribed commodity classification table, and file an application for registration.

An applicant for trademark registration can apply to register the same trademark for multiple classes of goods in one application.

Relevant documents such as trademark registration applications may be submitted in writing or data messages.

Article XNUMX Where a registered trademark needs to obtain the exclusive right to use the trademark on commodities beyond the approved scope of use, a separate application for registration shall be filed.

Article XNUMX If a registered trademark needs to change its logo, it shall file a new application for registration.

Article XNUMX If an applicant for trademark registration, within six months from the date of its first application for trademark registration in a foreign country, files an application for trademark registration in China for the same commodity under the same trademark, it shall be subject to the agreement signed by the foreign country with China. Agreements or international treaties jointly acceded to, or in accordance with the principle of mutual recognition of priority, may enjoy priority.

If the priority is claimed in accordance with the preceding paragraph, a written declaration shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; no written declaration is made or the trademark registration application has not been submitted within the time limit. Copies of documents shall be deemed to have not claimed priority.

Article XNUMX If a trademark is used for the first time on a commodity displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the commodity.

If the priority is claimed in accordance with the preceding paragraph, a written statement shall be submitted when filing an application for trademark registration, and within three months, the name of the exhibition in which the goods are exhibited, the evidence of the use of the trademark on the exhibited goods, and the date of exhibition shall be submitted. and other supporting documents; if no written statement is made or the supporting documents are not submitted within the time limit, it shall be deemed that priority has not been claimed.

Article XNUMX The matters declared and the materials provided for applying for trademark registration shall be true, accurate and complete.

Chapter III Examination and Approval of Trademark Registration

Article XNUMX For the trademark applied for registration, the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents.

Article XNUMX During the examination process, if the Trademark Office considers that the content of the trademark registration application needs to be explained or amended, it may require the applicant to make explanation or amendment.If the applicant fails to make an explanation or amendment, it will not affect the examination decision of the Trademark Office.

Article XNUMX Where a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same commodity or similar commodity, the Trademark Office shall reject the application and not make an announcement.

Article XNUMX Where two or more applicants for trademark registration apply for registration of identical or similar trademarks on the same commodity or similar commodities, the trademark that was applied for earlier shall be preliminarily approved and announced; , preliminarily approved and announced the previously used trademark, rejected the application of others, and made no announcement.

Article XNUMX An application for trademark registration shall not damage the existing prior rights of others, and shall not preemptively register trademarks that have been used by others and have certain influence by improper means.

Article XNUMX For a trademark that has been preliminarily approved and announced, within three months from the date of announcement, the prior right holder or interested party believes that it violates the second and third paragraphs of Article XNUMX of this Law, and Article XNUMX of this Law. , Paragraph XNUMX of Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, or any person believes that it violates Articles XNUMX, XNUMX, XNUMX, XNUMX of this Law Article XNUMX and Paragraph XNUMX of Article XNUMX may file an objection with the Trademark Office.If there is no objection after the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued, and an announcement shall be made.

Article XNUMX The Trademark Office shall notify the trademark registration applicant in writing of a trademark whose application is rejected and whose publication is not made.If the applicant for trademark registration is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within XNUMX days from the date of receipt of the notification.The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing.If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce under the State Council.If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.

Article XNUMX Where an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objected, and after investigation and verification, make a decision within XNUMX months from the expiration of the announcement period. The decision to grant the registration shall be notified in writing to the objector and the objected.If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council.

If the Trademark Office makes a decision to approve the registration, it will issue a trademark registration certificate and make an announcement.If the objector is not satisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles XNUMX and XNUMX of this Law.

If the Trademark Office makes a decision not to register, and the objector is dissatisfied, it may apply to the Trademark Review and Adjudication Board for re-examination within XNUMX days from the date of receipt of the notification.The Trademark Review and Adjudication Board shall make a reexamination decision within XNUMX months from the date of receipt of the application, and notify the opponent and the opponent in writing.If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council.If the objected party is not satisfied with the decision of the Trademark Review and Adjudication Board, he may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.The people's court shall notify the objector to participate in the litigation as a third party.

During the review process of the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the review may be suspended.After the reasons for the suspension are eliminated, the review procedure shall be resumed.

Article XNUMX When the statutory time limit expires, if the party concerned does not apply for a review of the decision of the Trademark Office to reject the application or the decision not to grant registration, or to file a lawsuit with the people's court for the review decision made by the Trademark Review and Adjudication Board, the decision to reject the application or the decision to reject the registration shall not be filed. The registration decision or the review decision takes effect.

For a trademark that is approved for registration after examination and the objection is not established, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the date of the expiration of the three-month period of the preliminary approval announcement.From the date of the expiration of the announcement of the trademark until the decision to approve the registration is made, the behavior of others using the same or similar signs as the trademark on the same or similar goods shall not have retrospective effect; however, due to the maliciousness of the user The loss caused to the trademark registrant shall be compensated.

Article XNUMX The application for trademark registration and the application for trademark reexamination shall be reviewed in a timely manner.

Article XNUMX The applicant or registrant of trademark registration may apply for correction if he finds obvious errors in the trademark application documents or registration documents.The Trademark Office shall make corrections within the scope of its powers according to law and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.

Chapter XNUMX Renewal, Alteration, Assignment and License of Use of Registered Trademarks

Article XNUMX The validity period of a registered trademark is ten years from the date of approval of the registration.

Article XNUMX If the registered trademark expires and needs to continue to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within XNUMX months before the expiration; .The validity period of each renewal registration is ten years, counting from the day after the expiration of the previous validity period of the trademark.If the renewal formalities are not handled upon expiration of the period, its registered trademark shall be cancelled.

The Trademark Office shall announce the renewal of the registered trademark.

Article XNUMX If a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.

Article XNUMX For the assignment of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office.The assignee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark is transferred, the trademark registrant shall transfer the similar trademarks registered on the same commodity, or the identical or similar trademarks registered on similar commodities.

For assignments that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the assignment, and notify the applicant in writing and explain the reasons.

After the transfer of the registered trademark is approved, it will be announced.The assignee enjoys the exclusive right to use the trademark from the date of announcement.

Article XNUMX A trademark registrant may license others to use its registered trademark by signing a trademark license contract.The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark.The licensee shall guarantee the quality of the goods using the registered trademark.

If the registered trademark of others is used with permission, the name of the licensee and the origin of the goods must be marked on the goods using the registered trademark.

If permitting others to use its registered trademark, the licensor shall report its trademark use license to the Trademark Office for the record, and the Trademark Office shall announce it.A trademark license without filing shall not be against a bona fide third party.

Chapter V Invalidation of Registered Trademarks

Article XNUMX A registered trademark violates the provisions of Article XNUMX, Article XNUMX, Article XNUMX, Article XNUMX, and Paragraph XNUMX of Article XNUMX of this Law, or uses fraudulent means or other improper means. If the registered trademark is obtained by means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing.If the party concerned is not satisfied with the decision of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for review within XNUMX days from the date of receipt of the notification.The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing.If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce under the State Council.If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.

Where other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the parties concerned in writing and file a defense within a time limit.The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing.If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce under the State Council.If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.The people's court shall notify the opposite party in the trademark adjudication procedure to participate in the litigation as a third party.

Article XNUMX A registered trademark violates the second and third paragraphs of Article XNUMX, Article XNUMX, Article XNUMX, paragraph XNUMX, Article XNUMX, Article XNUMX, Article XNUMX of this Law. Article XNUMX, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.For malicious registration, the owner of a well-known trademark is not subject to the five-year time limit.

After the Trademark Review and Adjudication Board receives an application for declaring a registered trademark invalid, it shall notify the parties concerned in writing and file a defense within a time limit.The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within XNUMX months from the date of receipt of the application, and notify the parties in writing.If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council.If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.The people's court shall notify the opposite party in the trademark adjudication procedure to participate in the litigation as a third party.

When the Trademark Review and Adjudication Board examines the request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the examination may be suspended. .After the reasons for the suspension are eliminated, the review procedure shall be resumed.

Article XNUMX When the statutory time limit expires, if the party concerned does not apply for a review of the Trademark Office's decision to declare a registered trademark invalid, or does not file a lawsuit with the people's court for the review decision of the Trademark Review and Adjudication Board, the decision to maintain the registered trademark or to declare the registered trademark invalid, the Trademark Office The decision of the Trademark Review and Adjudication Board or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

Article XNUMX A registered trademark declared invalid in accordance with the provisions of Articles XNUMX and XNUMX of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have not existed since the beginning.

Decisions or rulings declaring a registered trademark invalid, the judgments, rulings, mediation papers of the people's courts made and executed in trademark infringement cases before the declaration of invalidation, and the handling decisions of trademark infringement cases made and executed by the administrative department for industry and commerce. The executed trademark assignment or license contract is not retroactive.However, the losses caused to others due to the malicious intention of the trademark registrant shall be compensated.

In accordance with the provisions of the preceding paragraph, the compensation for trademark infringement, trademark transfer fees, and trademark royalties are not refunded, which obviously violates the principle of fairness, and shall be returned in whole or in part.

Chapter VI Management of Trademark Use

Article XNUMX The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertisements, exhibitions and other commercial activities to identify commodities. behavior of the source.

Article XNUMX If a trademark registrant changes the registered trademark, the registrant's name, address or other registered items on his own in the process of using the registered trademark, the local administration for industry and commerce shall order it to make corrections within a time limit; The Bureau revokes its registered trademark.

If the registered trademark becomes the common name of the goods approved for use or it is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for revocation of the registered trademark.The Trademark Office shall make a decision within nine months from the date of receipt of the application.If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce under the State Council.

Article XNUMX Where a registered trademark is revoked, declared invalid, or not renewed upon expiration, the Trademark Office shall not approve an application for registration of a trademark that is identical or similar to the trademark within one year from the date of revocation, declaration of invalidation or cancellation. Approved.

Article XNUMX Anyone who violates the provisions of Article XNUMX of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit. If the illegal business volume exceeds XNUMX yuan, a fine of not more than XNUMX% of the illegal business volume may be imposed. If the business volume or illegal business volume is less than XNUMX yuan, a fine of not more than XNUMX yuan may be imposed.

Article XNUMX Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article XNUMX of this Law, the local administration for industry and commerce shall stop it, make corrections within a time limit, and may issue a notification. If the amount is more than XNUMX yuan, a fine of less than XNUMX% of the illegal business volume may be imposed, and if there is no illegal business volume or the illegal business volume is less than XNUMX yuan, a fine of less than XNUMX yuan may be imposed.

Article XNUMX Anyone who violates the provisions of paragraph XNUMX of Article XNUMX of this law shall be ordered to make corrections by the local administration for industry and commerce, and a fine of XNUMX yuan shall be imposed.

Article XNUMX If the party concerned refuses to accept the decision of the Trademark Office to revoke or not to revoke the registered trademark, it may apply to the Trademark Review and Adjudication Board for review within XNUMX days from the date of receipt of the notification.The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing.If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce under the State Council.If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within XNUMX days from the date of receipt of the notification.

Article XNUMX When the statutory time limit expires, and the party concerned does not apply for a review of the decision made by the Trademark Office to revoke a registered trademark or does not file a lawsuit with the people's court for the review decision made by the Trademark Review and Adjudication Board, the decision to revoke the registered trademark and the review decision shall take effect. .

The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date of announcement.

Chapter VII Protection of the Exclusive Right of Registered Trademark

Article XNUMX The exclusive right to use a registered trademark shall be limited to the approved registered trademark and approved commodities.

Article XNUMX Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(XNUMX) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(XNUMX) Without the permission of the trademark registrant, using a trademark that is similar to its registered trademark on the same commodity, or using a trademark that is identical or similar to its registered trademark on similar commodities, is likely to cause confusion;

(XNUMX) Selling commodities that infringe the exclusive right to use a registered trademark;

(XNUMX) Forging or manufacturing others' registered trademarks without authorization or selling forged or unauthorized registered trademarks;

(XNUMX) Without the consent of the trademark registrant, replacing its registered trademark and putting the goods with the replaced trademark on the market again;

(XNUMX) Deliberately providing convenient conditions for infringing the exclusive right to use a trademark of another person and helping others to carry out the behavior of infringing the exclusive right to exclusive use of a trademark;

(XNUMX) causing other damage to the exclusive right to use a registered trademark of another person.

Article XNUMX Anyone who uses others' registered trademarks or unregistered well-known trademarks as the trade name in the enterprise name to mislead the public and constitute an act of unfair competition shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.

Article XNUMX The general name, figure and model of the commodity contained in the registered trademark, or the quality, main raw material, function, use, weight, quantity and other characteristics of the commodity, or the place name contained in the registered trademark, the exclusive right to use the registered trademark. No one has the right to prohibit others from using it properly.

The owner of the exclusive right to use the registered trademark has no right to prohibit others from legitimate use of the shape produced by the nature of the commodity contained in the registered trademark of the three-dimensional sign, the shape of the commodity necessary to obtain technical effects, or the shape that makes the commodity have substantial value.

Before the trademark registrant applies for trademark registration, if another person has used the same or similar trademark as the registered trademark and has certain influence on the same commodity or similar commodity before the trademark registrant, the owner of the exclusive right to use the registered trademark has no right to prohibit the user from using the original trademark. Continue to use the trademark within the scope of use, but it may be required to attach an appropriate distinguishing mark.

Article XNUMX If there is one of the acts infringing the exclusive right to use a registered trademark as listed in Article XNUMX of this Law, and a dispute arises, the parties shall negotiate and settle it; The court may also request the administrative department for industry and commerce to deal with it.

When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to stop the infringement immediately, confiscate and destroy the infringing goods and the tools mainly used for manufacturing infringing goods and forging registered trademarks. A fine of not more than five times the amount of illegal business operation, if there is no illegal business amount or the amount of illegal business operation is less than XNUMX yuan, a fine of not more than XNUMX yuan may be imposed.Whoever commits two or more trademark infringement acts within five years or has other serious circumstances shall be given a heavier punishment.If you sell a commodity that you do not know is infringing the exclusive right to use a registered trademark, if you can prove that the commodity is legally obtained by yourself and explain the supplier, the administrative department for industry and commerce shall order it to stop the sale.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the administrative department for industry and commerce that handles them, or they may file a lawsuit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform the mediation document after it takes effect, the parties may file a lawsuit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article XNUMX The administrative department for industry and commerce has the right to investigate and deal with the violation of the exclusive right to use a registered trademark; if a crime is suspected, it shall be promptly transferred to the judicial organ for handling according to law.

Article XNUMX The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and punishing acts suspected of infringing the exclusive right to use a registered trademark of others based on the evidence of suspected violations or reports that have been obtained:

(XNUMX) To inquire the relevant parties and investigate the situation related to the infringement of the exclusive right to use the registered trademark of others;

(XNUMX) Checking and copying the contracts, invoices, account books and other relevant materials of the parties concerned with the infringing activities;

(XNUMX) Conduct on-site inspections of places where the parties are suspected of engaging in activities that infringe on the exclusive rights of others' registered trademarks;

(XNUMX) Check the articles related to the infringing activities; if there is evidence to prove that the articles infringe on the exclusive right to use the registered trademark of others, they may be sealed up or seized.

When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation, and shall not refuse or obstruct.

In the process of investigating and handling a trademark infringement case, if there is a dispute over the ownership of the trademark or the right holder simultaneously files a trademark infringement lawsuit with the people's court, the administrative department for industry and commerce may suspend the investigation and handling of the case.After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

Article XNUMX The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined according to the profit obtained by the infringer due to the infringement; the loss or infringement of the right holder If it is difficult to determine the benefits obtained by the person, it shall be reasonably determined with reference to the multiple of the trademark license fee.For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than one time but not more than five times the amount determined in accordance with the above method.The amount of compensation shall include reasonable expenses paid by the right holder to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringing act if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; Or if false account books and materials are provided, the people's court may determine the amount of compensation with reference to the claims of the right holder and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the license fee for the registered trademark, the people's court shall award a compensation of not more than XNUMX million yuan according to the circumstances of the infringement.

When hearing a trademark dispute case, the people's court shall, at the request of the right holder, order the destruction of the goods belonging to the counterfeit registered trademark, except in special circumstances; for the materials and tools mainly used to manufacture the counterfeit registered trademark goods, order the destruction without compensation. ; or under special circumstances, order to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks may not enter commercial channels after only removing the counterfeit registered trademark.

Article XNUMX If the owner of the exclusive right to a registered trademark requests compensation, and the accused infringer makes a defense that the owner of the exclusive right to use the registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to the exclusive use of the registered trademark to provide information on the actual use of the registered trademark within the previous three years. evidence.If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can it prove that he has suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.

If you sell goods that you do not know are infringing the exclusive right to use a registered trademark, if you can prove that the goods are legally obtained by yourself and explain the supplier, you will not be liable for compensation.

Article XNUMX If a trademark registrant or interested party has evidence to prove that others are committing or about to commit an act that infringes on his or her exclusive right to use a registered trademark, and if it is not stopped in time, its legitimate rights and interests will be irreparably damaged, and may file a complaint in accordance with the law. Before filing a lawsuit, apply to the people's court to take measures to order the cessation of relevant acts and property preservation.

Article XNUMX In order to stop the infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court for preservation of the evidence before filing a lawsuit according to law.

Article XNUMX If a trademark that is identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, in addition to compensating for the losses of the infringed party, criminal responsibility shall be investigated according to law.

Forgery or unauthorized manufacture of others' registered trademarks or sales of forged or unauthorized registered trademarks constitutes a crime, in addition to compensating for the losses of the infringed party, criminal responsibility shall be investigated according to law.

If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, in addition to compensating for the losses of the infringed party, criminal responsibility shall be investigated according to law.

Article XNUMX If a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, issue a warning, and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan; A warning shall be given and a fine of not less than XNUMX yuan but not more than XNUMX yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law:

(XNUMX) Forging, altering or using forged or altered legal documents, seals or signatures in the process of handling trademark matters;

(XNUMX) soliciting trademark agency business by slandering other trademark agencies or disrupting the order of the trademark agency market by other improper means;

(XNUMX) Violating the provisions of Article XNUMX, paragraphs XNUMX and XNUMX of Article XNUMX of this Law.

If a trademark agency commits the acts specified in the preceding paragraph, the administrative department for industry and commerce shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting its handling of trademark agency business and make an announcement.

If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of the client, it shall bear civil liability in accordance with the law, and shall be punished by the trademark agency industry organization in accordance with the regulations.

Those who apply for trademark registration in bad faith shall be given administrative penalties such as warnings and fines according to the circumstances; those who file trademark lawsuits in bad faith shall be punished by the people's court according to law.

Article XNUMX The staff of state organs engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner.

The Trademark Office, the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, management and review shall not engage in trademark agency business and commodity production and operation activities.

Article XNUMX The administrative department for industry and commerce shall establish and improve the internal supervision system, and supervise and inspect the implementation of laws, administrative regulations and discipline by the staff of state organs in charge of trademark registration, management and review.

Article XNUMX If the staff members of state organs engaged in trademark registration, management and review work neglect their duties, abuse their powers, engage in malpractices for personal gain, handle trademark registration, management and review matters in violation of the law, accept property from the parties, and seek illegitimate benefits, which constitutes a crime, Criminal responsibility shall be investigated according to law; if it does not constitute a crime, punishment shall be given according to law.

Chapter VIII Supplementary Provisions

Article XNUMX Anyone who applies for trademark registration and handles other trademark matters shall pay fees, and the specific charging standards shall be determined separately.

第七十三条 本法自1983年3月1日起施行。1963年4月10日国务院公布的《商标管理条例》同时废止;其他有关商标管理的规定,凡与本法抵触的,同时失效。

Trademarks that have been registered before the enforcement of this law continue to be valid

Extended reading:

Matters needing attention for trademark registration agent application - fee

User Agreement of Trademark Office Trademark Online Service System

Trademark Registration - Trademark Application Fee

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