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

   Decision on the Trademark Law of the People's Republic of China "was amended for the first time according to the Decision on Amending the Trademark Law of the People's Republic of China issued at the 24th meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001, and the Decision on Amending the Trademark Law of the People's Republic of China issued at the 4th meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013 The third amendment is based on the fourth amendment to the Decision on Amending Eight Laws Including the Construction Law of the People's Republic of China at the 10th Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Chapter I General Provisions
Article 1 This Law is formulated with a view to strengthening the administration of trademarks, protecting the exclusive right to use trademarks, encouraging producers and operators to ensure the quality of goods and services, maintaining the reputation of trademarks, safeguarding the interests of consumers, producers and operators, and promoting 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 responsible for the registration and administration of trademarks throughout the country.
The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board, which shall be responsible for handling trademark disputes.
Article 3 The trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law.
The term "collective trademark" as used in this Law refers to a mark registered in the name of an organization, an association or any other organization for use by members of the organization in commercial activities to indicate the membership of the user in the organization.
For the purposes of this Law, a certification mark means a mark that is controlled by an organization that has the ability to supervise certain goods or services and is used by an entity or individual other than the organization for its goods or services to certify the origin, raw materials, manufacturing method, quality or other specific quality of the goods or services.
Special matters concerning the registration and administration of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce under the State Council.
Article 4 Any natural person, legal person or other organization that, in the course of production and business operations, needs to acquire the exclusive right to use a trademark for its goods or services shall apply to the Trademark Office for trademark registration. An application for registration of a malicious trademark not intended for use shall be rejected.
The provisions of this Law concerning trade marks shall apply to service marks.
Article 5 Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for the registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6. For goods that must use a registered trademark as prescribed by laws and administrative regulations, an application for trademark registration must be filed, and those that have not been approved for registration may not be sold on the market.
Article 7 In applying for the registration and use of a trademark, the principle of good faith shall be observed.
A trademark user shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative departments for industry and commerce at all levels shall, through the administration of trademarks, stop acts that deceive consumers.
Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, may be applied for registration as a trademark.
Article 9. A trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the lawful rights previously acquired by others.
A trademark registrant shall have the right to indicate a "registered trademark" or a registration mark.
Article 10 The following marks shall not be used as trademarks:
（1） Those identical with or similar to the State name, the national flag, the national emblem, the national anthem, the military flag, the military emblem, the military anthem, and the medals of the People's Republic of China, or those identical with the names and symbols of central state organs, the names of specific places where they are located, or the names and graphics of landmark buildings;
（2） Those identical with or similar to the national name, national flag, national emblem, 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 names, flags, emblems, etc. of international intergovernmental organizations, except with the consent of such organizations or those that are not easy to mislead the public;
（4） It is the same as or similar to the official signs and inspection marks indicating the implementation of control and guarantee, except those authorized;
（5） Those identical with or similar to the names and symbols of the "Red Cross" or the "Red Crescent";
（6） Those with ethnic discrimination;
（7） It is deceptive and easy to cause the public to misunderstand the quality and other characteristics of the goods or the origin of the goods;
（8） Harmful to socialist morals and customs or having other adverse effects.
The place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, the place name has other meanings or is an integral part of a collective trademark or certification trademark; Registered trademarks using place names shall remain valid.
Article 11 The following marks shall not be registered as trademarks:
（1） Only the general name, figure and model of the commodity;
（2） Directly indicating the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;
（3） Other lack of obvious characteristics.
The marks listed in the preceding paragraph may be registered as trademarks if they have been used to obtain distinctive features and are easy to identify.
Article 12 Where an application for the registration of a trademark is made by means of a three-dimensional sign, the shape of the goods produced only by the nature of the goods themselves, the shape of the goods necessary for obtaining technical effects, or the shape that makes the goods of substantial value may not be registered.
Article 13 Where the holder of a trademark that is well known to the relevant public believes that his rights have been infringed, he may, in accordance with the provisions of this Law, request the protection of a well-known trademark.
Where a trademark applied for registration in respect of the same or similar goods is a reproduction, 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.
Where a trademark applied for registration in respect of different or similar goods duplicates, imitates or translates a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Article 14 A well-known trademark shall, at the request of the party concerned, be recognized as a fact that needs to be recognized in handling trademark cases. The following factors shall be taken into consideration when determining a well-known trademark:
（1） The degree of awareness of the trademark by the relevant public;
（2） The duration of the use of the trademark;
（3） The duration, extent and geographical scope of any publicity work of the trademark;
（4） The record that the trademark is protected as a well-known trademark;
（5） Other factors that make the trademark famous.
In the process of trademark registration examination and the investigation and handling of trademark violation cases by the administrative departments for industry and commerce, if the parties claim their rights in accordance with Article 13 of this Law, the Trademark Office may, according to the needs of the examination and handling of the cases, determine the well-known situation of the trademark.
In the course of handling a trademark dispute, if a party claims rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, determine the well-known situation of the trademark.
During the trial of trademark civil and administrative cases, if the parties claim their rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the trial of the case, determine the well-known situation of the trademark.
No production or business operator may use the words "well-known trademark" on commodities, commodity packages or containers, or in advertising, exhibitions or other commercial activities.
Article 15. Without authorization, an agent or representative shall register the trademark of the principal or representative in his own name. If the principal or representative raises an objection, the trademark shall not be registered and the use thereof shall be prohibited.
Where a trademark applied for registration in respect of the same kind of goods or similar goods is identical with or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than that specified in the preceding paragraph, and knows that the other person's trademark exists, and the other person raises an objection, the trademark shall not be registered.
Article 16 Where a trademark contains a geographical indication of a commodity, and the commodity does not originate in the area indicated by the indication, misleading the public, the trademark shall not be registered and the use thereof shall be prohibited; However, the registration obtained in good faith shall remain 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 human factors of the region.
Article 17 Where a foreigner or foreign enterprise applies for the registration of a trademark in China, it shall do so in accordance with the agreement concluded between the country to which it 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 To apply for trademark registration or to handle other trademark matters, one may go through the formalities on his own, or entrust a trademark agency established according to law.
Where a foreigner or foreign enterprise applies for trademark registration or handles other trademark matters in China, it shall entrust a trademark agency established according to law.
Article 19 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; It shall have the obligation to keep confidential the principal's business secrets that it has learned during the agency process.
Where a trademark that the principal has applied for registration may not be registered under the provisions of this Law, the trademark agency shall clearly inform the principal.
Where a trademark agency knows or should know that the trademark applied for registration by the principal falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept the entrustment.
A trademark agency shall not apply for the registration of any other trademark except for its agency services.
Article 20 The trademark agency industry organization shall, in accordance with the provisions of its articles of association, strictly implement the conditions for recruiting members, and punish members who violate the self-discipline norms of the industry. The trademark agency trade organization shall promptly publicize the members it has recruited and the disciplinary actions it has taken against its members.
Article 21 The international registration of trademarks shall follow 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 formulated by the State Council.

Chapter II Application for Trademark Registration

Article 22 An applicant for trademark registration shall, in accordance with the prescribed classification of goods, fill in the category of goods and the name of the goods in respect of which the trademark is to be used, and file an application for registration.
An applicant for trademark registration may apply for the registration of the same trademark for goods of multiple categories through one application.
The application for trademark registration and other relevant documents may be filed in writing or by data message.
Article 23. Where a registered trademark requires the exclusive right to use a trademark on goods outside the approved scope of use, a separate application for registration shall be filed.
Article 24. Where it is necessary to change the mark of a registered trademark, a new application for registration shall be filed.
Article 25 Where an applicant for the registration of a trademark files an application for the registration of the same trademark for the same goods in China within six months from the date of the first application for the registration of his trademark in a foreign country, he may enjoy the right of priority in accordance with the agreement concluded between the foreign country and China, the international treaty to which both countries are parties, or the principle of mutual recognition of the right of priority.
Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made when the application for trademark registration is filed, and a copy of the application document for trademark registration first filed shall be submitted within three months; Where no written declaration is made or no copy of the trademark registration application document is submitted within the time limit, the right of priority shall be deemed not to have been claimed.
Article 26 Where a trademark is used for the first time on goods exhibited in an international exhibition sponsored or recognized by the Chinese government, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of the exhibition of the goods.
Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing the application for trademark registration, and within three months, such supporting documents as the name of the exhibition where the goods are displayed, evidence of the use of the trademark on the goods on display, and the date of exhibition shall be submitted; If no written statement is made or no supporting documents are submitted within the time limit, the right of priority shall be deemed not to have been claimed.
Article 27 The matters declared and the materials provided for the application for trademark registration shall be true, accurate and complete.

Chapter III Examination and Approval of Trademark Registration

Article 28. The Trademark Office shall, within nine months from the date of receipt of the application documents for trademark registration, complete the examination of the trademark that has been applied for registration. If it is in conformity with the relevant provisions of this Law, it shall, after examination, preliminarily approve and publish the trademark.
Article 29. In the course of examination, if the Trademark Office considers that the content of the application for trademark registration needs explanation or amendment, it may request the applicant to make explanation or amendment. Where the applicant fails to make explanations or amendments, the Trademark Office shall not be affected to make an examination decision.
Article 30. Where a trademark that has been applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to the trademark of another person that has been registered for the same or similar goods or that has been preliminarily approved, the Trademark Office shall reject the application and shall not publish it.
Article 31 Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary examination and approval shall be made and the trademark that was first applied for shall be published; Where an application is filed on the same day, the trademark that has been used earlier shall be preliminarily examined and approved and published, and the application of other persons shall be rejected and not published.
Article 32 An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preemptively register a trademark that has already been used by others and has certain influence by illegitimate means.
Article 33 Where, within three months from the date of publication of a trademark that has been preliminarily approved and published, the prior obligee or interested party believes that the provisions of the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 and Article 32 of this Law have been violated, or any person believes that the provisions of Article 4, 10, 11, 12 and the fourth paragraph of Article 19 of this Law have been violated, An objection may be filed with the Trademark Office. If there is no objection at the expiration of the time limit for announcement, the registration shall be approved, a trademark registration certificate shall be issued, and the announcement shall be made.
Article 34 With respect to a trademark whose application is rejected and whose publication is not made, the Trademark Office shall notify the applicant of the trademark registration in writing. If the applicant for trademark registration is not satisfied, he may, within 15 days from the date of receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a decision and notify the applicant in writing. If the extension is necessary under special circumstances, it may be extended for three months upon approval by 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, within 30 days from the date of receiving the notification, institute legal proceedings in the people's court.
Article 35. Where an objection is raised to the trademark that has been preliminarily approved and announced, the Trademark Office shall hear the objector and the objected state facts and reasons. After investigation and verification, it shall make a decision on whether to grant registration within twelve months from the date when the public announcement expires, and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months upon approval by the administrative department for industry and commerce under the State Council.
If the Trademark Office decides to approve the registration, it shall issue a trademark registration certificate and publish it. If the opponent is not satisfied, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the Trademark Office makes a decision not to register, and the objected is not satisfied, it may, within 15 days from the date of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall, within twelve months from the date of receipt of the application, make a reexamination decision and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months upon approval by the administrative department for industry and commerce under the State Council. If the objected is not satisfied with the decision of the Trademark Review and Adjudication Board, he may, within 30 days from the date of receiving the notice, institute legal proceedings in the people's court. The people's court shall notify the objector to participate in the proceedings as a third party.
When the Trademark Review and Adjudication Board conducts a review 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 suspension are eliminated, the examination procedure shall be resumed.
Article 36 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the decision of the Trademark Office to reject the application or the decision not to register, or does not bring a lawsuit to the people's court against the reexamination decision made by the Trademark Review and Adjudication Board, the decision to reject the application, the decision not to register, or the reexamination decision shall take effect.
For a trademark that has been approved for registration due to the unsubstantial objection after examination, the time for the applicant for trademark registration to obtain the exclusive right to use the trademark shall be counted from the expiration of three months after the preliminary examination and approval announcement. From the date of expiration of the trademark announcement to the time when the decision to approve the registration is made, there is no retroactive effect on the use of the same or similar marks with the trademark by others on the same or similar goods; However, compensation shall be made for the losses caused to the trademark registrant due to the malicious use of the user.
Article 37 Applications for trademark registration and trademark reexamination shall be examined in a timely manner.
Article 38 Where an applicant or registrant for trademark registration finds that there are obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.
The correction of errors referred to in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.
Chapter IV Renewal, Alteration, Assignment and Use License of Registered Trademarks
Article 39. The term of validity of a registered trademark shall be ten years, counting from the date of approval of the registration.
Article 40 Where it is necessary to continue to use a registered trademark at the expiration of its term of validity, the trademark registrant shall, within 12 months before the expiration of the term, go through the formalities for renewal in accordance with the relevant provisions; If it fails to do so during this period, a six-month extension period may be granted. The term of validity of each renewal of registration is ten years, counting from the next day after the expiration of the last term of validity of the trademark. If no renewal formalities are gone through at the expiration of the time limit, the registered trademark shall be cancelled.
The Trademark Office shall publish the trademark whose registration has been renewed.
Article 41 Where a registered trademark requires a change in the name, address or other registered matters of the registrant, an application for the change shall be filed.
Article 42 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The transferee shall guarantee the quality of the goods in respect of which the registered trademark is used.
Where a registered trademark is assigned, the trademark registrant shall assign its similar trademarks registered on the same kind of goods or its identical or similar trademarks registered on similar goods at the same time.
The Trademark Office shall not approve the transfer that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.
The assignment of a registered trademark shall be published after it has been approved. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.
Article 43 A trademark registrant may, by signing a trademark license contract, authorize others to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods in which the registered trademark is used.
Where a person is permitted to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods in respect of which the registered trademark is used.
Where another person is permitted to use his registered trademark, the licensor shall submit the license for the use of his trademark to the Trademark Office for the record, and the Trademark Office shall publish it. The trademark use license shall not act against a bona fide third party without being filed.

Chapter V Invalidation of Registered Trademarks

Article 44 Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, or the fourth paragraph of Article 19 of this Law, or has been registered by deception or other illegitimate 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 party concerned in writing. If the party concerned is not satisfied with the decision of the Trademark Office, it may, within 15 days from the date of receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a decision and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months upon approval by 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, within 30 days from the date of receiving the notification, institute legal proceedings in the people's court.
Where any other entity or individual requests 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 party concerned in writing and set a time limit for filing a defense. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the party concerned in writing. If the extension is necessary under special circumstances, it may be extended for three months upon approval by 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, within 30 days from the date of receiving the notice, institute legal proceedings in the people's court. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.
Article 45 Where a registered trademark violates the provisions of the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31, and Article 32 of this Law, the earlier obligee or interested party may, within five years from the date of trademark registration, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark shall not be subject to the five-year time limit.
After receiving an application for declaring a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the party concerned in writing and request a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the party concerned in writing. If the extension is necessary under special circumstances, it may be extended for six months upon approval by 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, within 30 days from the date of receiving the notice, institute legal proceedings in the people's court. The people's court shall notify the other party to 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 suspension are eliminated, the examination procedure shall be resumed.
Article 46 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the decision of the Trademark Office to declare a registered trademark invalid, or does not bring a suit before the people's court against the reexamination decision of the Trademark Review and Adjudication Board, the decision of the Trademark Office or the reexamination decision and ruling of the Trademark Review and Adjudication Board to declare a registered trademark invalid, the decision of the Trademark Office or the reexamination decision and ruling of the Trademark Review and Adjudication Board.
Article 47 A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be published by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have been non-existent from the beginning.
The decision or ruling declaring a registered trademark invalid shall not have retroactive effect on the judgments, rulings, mediation statements of trademark infringement cases made and executed by the people's court, the decisions on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark assignment or use license contracts that have been performed before the declaration of invalidity. However, compensation shall be made for the losses caused to others by the trademark registrant in bad faith.
If, in accordance with the provisions of the preceding paragraph, the compensation for trademark infringement, the fee for trademark assignment, or the fee for trademark use are not returned, which clearly violates the principle of fairness, they shall be returned in whole or in part.

Chapter VI Administration of the Use of Trademarks

Article 48 The use of a trademark as mentioned in this Law refers to the use of a trademark on commodities, commodity packages or containers, or commodity trading documents, or in advertising, exhibitions, or other commercial activities to identify the source of commodities.
Article 49 Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name or address of the registrant or any other registered matter of his own accord, the local administrative department for industry and commerce shall order him to rectify within a time limit; If no correction is made at the expiration of the time limit, the Trademark Office shall revoke the registered trademark.
Where a registered trademark has become the common name of the commodity for which it is approved to use, or has not been used for three consecutive years without justified reasons, any entity or individual may apply to the Trademark Office for the revocation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receiving the application. If the extension is necessary under special circumstances, it may be extended for three months upon approval by the administrative department for industry and commerce under the State Council.
Article 50 Where a registered trademark has been revoked, declared invalid or will not be renewed at the expiration of the period, the Trademark Office shall not approve, within one year from the date of revocation, declaration of invalidity or cancellation, any application for the registration of a trademark that is identical with or similar to the trademark.
Article 51 Where anyone violates the provisions of Article 6 of this Law, the local administrative department for industry and commerce shall order him to apply for registration within a time limit. If the amount of illegal business is more than 50000 yuan, he may be fined not more than 20 percent of the amount of illegal business. If there is no amount of illegal business or the amount of illegal business is less than 50000 yuan, he may be fined not more than 10000 yuan.
Article 52 Where an unregistered trademark is used as a registered trademark, or where the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may circulate a notice. Where the amount of illegal business operations is more than 50000 yuan, a fine of not more than 20 percent of the amount of illegal business operations may be imposed. Where there is no illegal business operations or the amount of illegal business operations is less than 50000 yuan, A fine of less than 10000 yuan may be imposed.
Article 53 Where anyone violates the provisions of the fifth paragraph of Article 14 of this Law, the local administrative department for industry and commerce shall order him to make corrections and impose a fine of 100,000 yuan.
Article 54 If the party concerned is not satisfied with the decision of the Trademark Office to cancel or not to cancel a registered trademark, he may, within 15 days from the date of receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a decision and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months upon approval by 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, within 30 days from the date of receiving the notification, institute legal proceedings in the people's court.
Article 55 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the decision made by the Trademark Office to revoke a registered trademark or does not bring a suit before the people's court against the reexamination decision made by the Trademark Review and Adjudication Board, the decision to revoke a registered trademark and the reexamination 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 terminate from the date of announcement.

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

Article 56 The exclusive right to use a registered trademark shall be limited to the trademark that has been approved for registration and the goods for which the use of the trademark has been approved.
Article 57 Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:
（1） Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
（2） Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, which is likely to cause confusion;
（3） Selling goods that infringe upon the exclusive right to use a registered trademark;
（4） Forging, or without authorization, making representations of registered trademarks of others, or selling representations of registered trademarks that are forged or made without authorization;
（5） Without the consent of the trademark registrant, changing its registered trademark and putting the goods with the changed trademark back on the market;
（6） Deliberately providing conveniences for acts infringing upon another's exclusive right to use a trademark, or helping another person to commit acts infringing upon the exclusive right to use a trademark;
（7） Causing other damages to the exclusive right to use a registered trademark of another person.
Article 58 Where the use of a registered trademark or an unregistered well-known trademark of another person as a shop name in an enterprise name misleads the public and constitutes an act of unfair competition, it shall be handled in accordance with the Anti unfair Competition Law of the People's Republic of China.
Article 59 The exclusive right holder of a registered trademark shall not have the right to prohibit the proper use of the common name, figure or model of the goods contained in a registered trademark, or the names that directly represent the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the goods, or the place names contained therein.
The exclusive right holder of a registered trademark shall not have the right to prohibit others from using properly the shape of the goods contained in the registered trademark of a three-dimensional sign, the shape of the goods produced by their own nature, the shape of the goods needed to obtain technical effects, or the shape that makes the goods have substantial value.
Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical with or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach an appropriate distinguishing mark.
Article 60 Any dispute arising from any of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law shall be settled through consultation between the parties concerned; If the parties are unwilling to consult or the consultation fails, the trademark registrant or interested party may bring a suit in the people's court, or request the administrative department for industry and commerce to handle the case.
When handling the case, the administrative department for industry and commerce shall order the infringer to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the amount of illegal business is more than 50000 yuan, a fine of less than five times the amount of illegal business may be imposed. If there is no illegal business or the amount of illegal business is less than 50000 yuan, a fine of less than 250000 yuan may be imposed. Those who have committed trademark infringement twice or more within five years or have other serious circumstances shall be given a heavier punishment. Where a person sells goods that he does not know infringe the exclusive right to use a registered trademark, and can prove that he has legally obtained the goods and that he has provided them, the administrative department for industry and commerce shall order him to stop selling them.
With respect to a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the party concerned may request the administrative department for industry and commerce that handled the dispute for mediation, or may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China. If, after mediation by the administrative department for industry and commerce, the parties fail to reach an agreement or fail to perform the mediation statement after it becomes effective, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61 The administrative department for industry and commerce shall have the right to investigate and deal with any infringement of the exclusive right to use a registered trademark according to law; If a crime is suspected, it shall be promptly transferred to the judicial organ for handling according to law.
Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use a registered trademark of others on the basis of the evidence of suspected violations of the law or reports already obtained:
（1） Inquire the relevant parties and investigate the situation related to the infringement of the exclusive right to use a registered trademark of others;
（2） Look up and copy the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
（3） Conduct on-site inspection on the site where the party concerned is suspected of engaging in activities that infringe upon the exclusive right to use a registered trademark of others;
（4） Inspect articles related to infringement activities; Articles that have been proved to infringe upon another person's exclusive right to use a registered trademark may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers specified in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
In the process of investigating and handling trademark infringement cases, if there is a dispute over the ownership of a trademark or the obligee 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 suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined on the basis of the actual losses suffered by the obligee as a result of the infringement; If it is difficult to determine the actual loss, it may be determined in accordance with the interests obtained by the infringer as a result of the infringement; Where it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark licensing fee. If the circumstances of a malicious infringement of the exclusive right to use a trademark are serious, the amount of compensation may be determined from twice to five times the amount determined in accordance with the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide the books and materials related to the infringement when the obligee has tried to provide evidence and the books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
If it is difficult to determine the actual losses suffered by the obligee due to the infringement, the interests obtained by the infringer due to the infringement, and the license fee for the use of a registered trademark, the people's court shall, according to the circumstances of the infringement, award a compensation of not more than five million yuan.
When hearing trademark dispute cases, the people's court shall, at the request of the obligee, order the destruction of goods that belong to counterfeit registered trademarks, except under special circumstances; The materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; Or, under special circumstances, order to prohibit the aforesaid materials and tools from entering commercial channels, and do not make compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
Article 64 Where the holder of the exclusive right to use a registered trademark claims compensation, and the accused infringer raises a defense against the fact that the holder of the exclusive right to use the registered trademark has not used the registered trademark, the people's court may require the holder of the exclusive right to use the registered trademark to provide evidence of the actual use of the registered trademark in the previous three years. If the exclusive right holder of a registered trademark cannot prove that he has actually used the registered trademark in the previous three years or that he has suffered other losses due to infringement, the alleged infringer shall not be liable for compensation.
If a person sells a commodity that he does not know infringes the exclusive right to use a registered trademark and can prove that the commodity was legally obtained by himself and that the supplier was identified, he shall not be liable for compensation.
Article 65 Where a trademark registrant or an interested party has evidence to prove that another person is committing or is about to commit an act of infringement of the exclusive right to use its registered trademark, and if it does not stop it in time, it will cause irreparable damage to its legitimate rights and interests, it may, in accordance with law, apply to the people's court for taking measures to order it to stop the relevant act and to preserve property before filing a lawsuit.
Article 66 In order to stop infringement, where evidence may be destroyed or lost or may be difficult to obtain later, the trademark registrant or interested parties may, in accordance with law, apply to the people's court for evidence preservation before bringing a lawsuit.

Article 67 Where a trademark that is the same as its registered trademark is used on the same kind of goods without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensating the infringee for his losses.
Where a person forges or manufactures without authorization the representations of a registered trademark of another person or sells such representations of a registered trademark as are forged or manufactured without authorization, which constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to compensating the infringee for his losses.
If a person knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to compensating the infringee for his losses.
Article 68 Where a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to rectify within a time limit, give it a warning and impose a fine of not less than 10000 yuan but not more than 100000 yuan; The person in charge directly responsible and other persons directly responsible shall be given a warning and fined not less than 5000 yuan but not more than 50000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Forging, altering or using forged or altered legal documents, seals or signatures in handling trademark matters;
（2） Soliciting trademark agency business by slandering other trademark agencies or disturbing the order of trademark agency market by other illegitimate means;
（3） Violating the provisions of Article 4, the third and fourth paragraphs of Article 19 of this Law.
Where a trademark agency commits any of the acts specified in the preceding paragraph, the administrative department for industry and commerce shall record the act in the credit file; If the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may also decide to stop accepting their trademark agency business and make a public announcement.
Where a trademark agency violates the principle of good faith and infringes upon the legitimate interests of the client, it shall bear civil liability according to law, and the trademark agency trade organization shall punish it in accordance with the provisions of the articles of association.
Where a trademark registration is applied for maliciously, administrative penalties such as warning or fine shall be imposed according to the circumstances; If a trademark lawsuit is brought in bad faith, the people's court shall punish it according to law.
Article 69 State functionaries engaged in trademark registration, administration and reexamination must enforce the law impartially, be honest and self disciplined, be devoted to their duties and serve in a civilized manner.
The Trademark Office, the Trademark Review and Adjudication Board and State functionaries engaged in trademark registration, administration and reexamination shall not engage in trademark agency business and commodity production and operation activities.
Article 70 The administrative department for industry and commerce shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations and the observance of disciplines by the State functionaries responsible for trademark registration, administration and reexamination.
Article 71 Any functionary of a State organ engaged in trademark registration, administration and reexamination who neglects his duty, abuses his power, engages in malpractices for personal gain, illegally handles trademark registration, administration and reexamination, accepts property from the party concerned, seeks illegitimate interests, and constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, punishment shall be given according to law.

Chapter VIII Supplementary Provisions

Article 72 Anyone who applies for trademark registration or handles other trademark matters shall pay a fee, and the specific fee rates shall be determined separately.
Article 73 This Law shall enter into force as of March 1, 1983. The Regulations on the Administration of Trademarks promulgated by the State Council on April 10, 1963 shall be annulled simultaneously; Any other provisions concerning trademark administration that contravene this Law shall be invalidated at the same time.
Trademarks already registered before the implementation of this Law shall continue to be valid.