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Trademark Law of the People's Republic of China 2013


 (Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on 23 August 1982, revised for the first time according to the Decision on the Amendment of the Trademark Law of the People's Republic of China adopted at the 30th Session of the Standing Committee of the Seventh National People's Congress, on 22 February 1993, and revised for the second time according to the Decision on the Amendment of the Trademark Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Ninth National People's Congress on 27 October 2001, and revised for the third time according to the Decision on the Amendment of the Trademark Law of the People's Republic of China adopted at the 4th Session of the Standing Committee of the Twelfth National People's Congress on 30 August 2013)

Contents

Chapter I General provisions
Chapter II Application for Trademark Registration
Chapter III Examination for and Approval of Trademark Registration
Chapter IV Renewal, Change, Assignment and Licensing of Registered Trademarks
Chapter V Invalidation of Registered Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection exclusive right of registered trademark
Chapter VIII Supplementary Provisions

Chapter I General Provisions

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

Article 2
The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.
   
The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for handling matters of trademark disputes.

Article 3
Registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks, service marks, collective marks and certification marks; the trademark registrants shall enjoy the exclusive right to use the trademarks, and be protected by law.
Said collective marks mean signs which are registered in the name of bodies, associations or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.
Said certification marks mean signs which are controlled by organizations capable of supervising some goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
Regulations for the particular matters of registration and administration of collective and certification marks shall be established by the administrative authority for industry and commerce under the State Council.

Article 4
Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark for the goods production and operation activities, shall file an application for the registration of the trademark with the Trademark Office.
The provisions set forth in this Law concerning trademarks shall apply to service marks.

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

Article 6
As for any of such goods, as prescribed by laws or regulations, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be marketed.

Article 7
Any one who applies or uses a trademark shall observe the principle of honesty and credibility.

Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, stop any practice that deceives consumers.

Article 8
In respect of any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colors, sound,and their combination, an application may be filed for registration.

Article 9
Any trademark in respect of which an application for registration is filed shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person.
A trademark registrant has the right to use the words of 'registered trademark' or a symbol to indicate that his trademark is registered.

Article 10
The following signs shall not be used as trademarks:
  (1) those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, or decorations, etc., of the People's Republic of China, with names or signs of the places where the Central and State organs are located, or with the names and designs of landmark buildings;
  (2) those identical with or similar to the State names, national flags, national emblems or military flags, etc., of foreign countries, except that the foreign state government agrees otherwise on the use;
  (3) those identical with or similar to the names, flags or emblems or names, etc., of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;
  (4) those identical with or similar to official signs and hallmarks, showing official control or warranty by them, except that the use thereof is otherwise authorized;
  (5) those identical with or simi1ar to the symbols, or names, of the Red Cross or the Red Crescent;
  (6) those having the nature of discrimination against any nationality;
  (7) those having the nature of fraud which is likely to cause misunderstanding of the characteristics, such as quality of the goods or origin of production, etc., among the relevant public; and
  (8) those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification marks shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

Article 11
The following signs shall not be registered as trademarks:
  (1) those only comprising generic names, designs or models of the goods in respect of which the trademarks are used;
  (2) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and
  (3) Others which lack distinctive features.
The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.

Article 12
Where an application is filed for registration of a three-dimensional sign as a trademark, any shape derived from the goods itself, required for obtaining the technical effect, or giving the goods substantive , shall not be registered.

Article 13
As for trademarks well-known to the public, where the holder considered its interests being infringed, the holder may request well-known trademark protection according to the provisions of this law.
Where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use.
Where a trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use.

Article 14
The well-known trademark shall be determined as a fact in dealing with trademark cases according to the request of the holder. The fol1owing factors shall be taken into account in establishment of a well-known mark:
  (l) reputation of the mark to the relevant public;
  (2) time for continued use of the mark;
  (3) consecutive time, extent and geographical area of advertisement of the mark;
  (4) records of protection of the mark as a well-known mark; and
  (5) any other factors relevant to the reputation of the mark.

In the examination of trademark registration and the investigation of trademark violation cases by the administrative authority for industry and commerce, where the interested parties claim right according Article 13 of this law, the Trademark Office may determine the fact of well-known trademark according to the needs in the examination and handling of the cases.

In the handling of trademark dispute, where the interested parties claim right according Article 13 of this law, the Trademark Review and Adjudication Board may determine the fact of well-known trademark according to the needs in handling of the cases.

In the trial of trademark civil and administrative cases, where the interested parties claim right according Article 13 of this law, the People’s Courts designated by the Supreme Court may determine the fact of well-known trademark according to the needs in handling of the cases.

The manufacturers and operators shall not indicate the word “well-known trademark” on the goods, packages or containers of the goods, or in the advertisement and publicity, exhibition or other business activities.

Article 15
Where any agent or representative registers, in its or his own name, the trademark of a person for whom it or he acts as the agent or representative without authorization therefrom, and the latter raises opposition, the trademark shall be rejected for registration and prohibited from use.

Where an identical or similar trademark is applied for registration on the goods that are identical with or similar to those of a prior used trademark by others, when the applicant is aware of the trademark of others due to contractual, business or other relationship in addition to those prescribed in the preceding paragraph, the trademark shall not be approved for registration when others file opposition against it.

Article 16
Where a trademark contains a geographic indication of the goods in respect of which the trademark is used, the goods is not from the region indicated therein and it misleads the public, it shall be rejected for registration and prohibited from use; however, any trademark that has been registered in good faith shall remain valid.

The geographic indications mentioned in the preceding paragraph refer to the signs that signify the place of origin of the goods in respect of which the signs are used, their specific quality, reputation or other features as mainly decided by the natural or cultural factors of the regions.

Article 17
Any foreign person or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.

Article 18
The application of trademark registration and other trademark matters may be handled either directly by the applicant or by a trademark agency established according to law.

Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall appoint a trademark agency established according to law.

Article 19
The trademark agency shall abide by principle of honesty and credibility, abide laws and administrative regulations, and handle trademark registration application or other trademark matters according to the applicant’s entrust; it shall be liable to keep secrets for those being known in the process of representation.

Where there is any circumstance that the trademark applied for registration may not be able to be registered as prescribed in this law, the trademark agency shall inform the entrusted party explicitly.

Where the trademark agency knows or should know the trademark applied for registration from the entrusted party is in violation of Article 15 and Article 32 prescribed in this law, the trademark agency shall not accept the entrust.

The trademark agency shall not apply registrations for trademarks in addition to those used in its trademark agency service.

Article 20
The trademark agency association shall strictly carry out the conditions of member enrollment according to its articles of association and punish the members that violate the industry self-discipline rules. The situation of enrollment and punishment of members by the trademark agency association shall be timely published to the society.

Article 21
The trademark international registrations shall comply with the system established according to the relevant international treaties concluded or participated by People’s Republic of China. The specific measures shall be formulated by the State Council.

Chapter II Application for Trademark Registration

Article 22
The applicant shall file the trademark application by using the class and goods according to the prescribed classification.

The applicant may apply the same trademark in multiple classes through one application form.

The relevant trademark registration application documents may be submitted in writing or by electronic means.

Article 23
Where a registered trademark needs to obtain exclusive right on the goods out of the approved scope, a new registration shall be applied for.

Article 24
Where the sign of a registered trademark is to be altered, a new registration shall be applied for.

Article 25
Any app1icant for the registration of a trademark who files an application for registration of the same trademark for identica1 goods in China within six months from the date of filing the first application for the trademark registration overseas may enjoy the right of priority in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle whereby each acknowledges the right of priority of the other.

Anyone claiming the right of priority according to the preceding paragraph shall make a statement in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority. 

Article 26
Where a trademark is first used for goods in an international exhibition on sponsored or recognized by me Chinese Government, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of exhibition of the goods.

Anyone claiming the right of priority according to the preceding paragraph shall make a claim in writing when it or he files the application for the registration of the trademark, and submit, within three months, documents showing the title of the exhibition in which its or his goods was displayed, proof that the trademark was used for the goods exhibited, and the date of exhibition; where the claim is not made in writing, or the proof documents not submitted within the time limit, the claim shall be deemed not to have been made for the right of priority.

Article 27
The matters reported and materials submitted in the application for trademark registration shall be true, accurate and complete.

Chapter III Examination for and Approval of Trademark Registration

Article 28
The Trademark Office shall complete the examination on a trademark application in 9 months from the receipt of the application document. Where a trademark is in conformity with the relevant provisions of this Law, it shall be preliminarily approved and published.

Article 29
Where the Trademark Office considers the content of the application should be clarified or modified during the examination, it may request the applicant to make clarification or modification. Failing to make the clarification or modification by the applicant, it would not affect the Trademark Office to make the examination decision.

Article 30
Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.

Article 31
Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.

Article 32
An application for the registration of a trademark shall not create any prejudice to the prior right of another person, nor unfair means be used to pre-emptively register the trademark of some reputation another person has used.

Article 33
Where the holder of the prior right or the interested party who considers a preliminarily approved and published trademark is in violation of Article 13(2) and 13(3), Article 15, Article 16(1), Article 30, Article 31, and Article 32 of this law, or where any person considers it is in violation of Article 10, Article 11, and Article 12 of this law, he may, within three months from the date of the publication, file an opposition against the trademark. If no opposition has been filed after the expiration of the time limit from the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.

Article 34
Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision within 9 months from the receipt of the application and notify the applicant in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 3 months after the approval of the administrative authority for industry and commerce under the State Council. Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board may, within thirty days from receipt of the notice, may institute legal proceedings in the People's Court.

Article 35
Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verification, make a decision within 12 months from the expiration of the 3 months for publication and notify the opponent and opposed party in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 6 months after the approval of the administrative authority for industry and commerce under the State Council.

Where the Trademark Office makes a decision to approve the registration, a trademark registration certificate shall be issued and the trademark shall be published. Where the opponent is not satisfied, he may request the Trademark Review and Adjudication Board to invalidate the trademark according to Article 44 and Article 45 of this law.

Where the Trademark Office makes a decision to reject the registration and the opposed party is not satisfied, he may file an application with the Trademark Review and Adjudication Board for a review within 15 days from receipt of the notification. The Trademark Review and Adjudication Board shall make the review decision within 12 months from the receipt of the application and notify the opponent and opposed party in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 6 months after the approval of the administrative authority for industry and commerce under the State Council. Where the opposed party is not satisfied with the decision made by the Trademark Review and Adjudication Board, he may institute legal proceedings in the People's Court within 30 days from receipt of the notification. The People's Court shall notify the opponent to be a third party to the litigation.

Where the confirmation of the involved prior right must be based on the result of another case handled by the People’s Court or administrative authorities, the Trademark Review and Adjudication Board shall suspend the examination and it shall be resumed after the causes of the suspension have been eliminated.

Article 36
Where the interested party does not, within the statutory time limit, apply for the reexamination of the refusal of trademark application or the decision of non-approval of registration by the Trademark Office or does not institute legal proceedings in respect of the adjudication by the Trademark Review and Adjudication Board, the refusal of trademark application, the decision of non-approval of registration or the review decision takes effect.

Where a trademark obtains registration since the opposition cannot be established after examination, the time of the exclusive right the trademark registration applicant has obtained to use the trademark is counted from the date on which the three months expires from the publication of the preliminary examination. From the expiration of the publication period till the approval of registration, it is not retroactive to the act of using the identical or similar trademark on identical or similar goods by others; however, if the loss is caused due to the bad faith of the user, the user shall make compensation for the damages.

Article 37
Any application for trademark registration and trademark reexamination shall be examined in due course.

Article 38
Where any trademark registration applicant or registrant finds any obvious errors in the trademark registration documents or application documents, it or he may apply for correction thereof The Trademark Office shall ex officio make the correction according to law and notify the interested party of the correction.

The error correction mentioned in the preceding paragraph shall not relate to the substance of the trademark registration documents or application documents.

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

Article 39
The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.

Article 40
Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within twelve months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. The period of validity of each renewal of registration shall be ten years from the next day of the expiration date of the last validity of the trademark. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.
   
The Trademark Office shall publish the trademark which has been approved for renewal.

Article 41
Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.

Article 42
Where a registered trademark is assigned, the assignor and assignee shall conclude a contract for the assignment, and jointly file an application with the trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.

Where a registered trademark is to be assigned, the trademark registrant shall assign all the trademarks which are identical with or similar to the said mark on identical or similar goods simultaneously.
 
Where the assignment is likely to cause confusion or there is other unhealthy influence, the Trademark Office shall not approve it and notify the applicant of the reasons in writing.

The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive right to use the trademark from the date of publication.

Article 43
Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used.

Where any party is authorized 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 that bear the registered trademark.

Where to license a registered trademark to others, the licensor shall have the trademark license contract submitted to the Trademark Office for record and publish. Without record, the trademark license shall not be against a third party in good faith.

Chapter V Invalidation of Registered Trademarks

Article 44
Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall invalidate the registered trademark; and any other organization or individual may request the Trademark Review and Adjudication Board to invalidate such a registered trademark.

The Trademark Office shall notify the interested parties in writing when the invalidation decision is made. Any party who is dissatisfied with the decision made by the Trademark Office may, within fifteen days from the date of receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision to maintain or invalidate the registration within 9 months from the receipt of the application and notify the interested parties in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 3 months after the approval of the administrative authority for industry and commerce under the State Council. Where any interested party who is dissatisfied with the decision made by the Trademark Review and Adjudication Board, he may institute legal proceedings in the People's Court within 30 days from receipt of the notification.

Where any other organization or individual requests the Trademark Review and Adjudication Board to invalidate a registered trademark, the Trademark Review and Adjudication Board shall notify the interested parties in writing and request to make a response within the prescribed period. The Trademark Review and Adjudication Board shall make a decision to maintain or invalidate the registration within 9 months from the receipt of the application and notify the interested parties in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 3 months after the approval of the administrative authority for industry and commerce under the State Council. Where any interested party who is dissatisfied with the decision made by the Trademark Review and Adjudication Board, he may institute legal proceedings in the People's Court within 30 days from receipt of the notification. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.

Article 45
Where a registered trademark stands in violation of the provisions of Articles l3(2) and (3), l5, l6(1), 30, 31 and 32 of this Law, the owner of prior right or interested party may, within five years from the date of the registration of the trademark, file a request with the Trademark Review and Adjudication Board for adjudication to invalidate the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.

Where the Trademark Review and Adjudication Board receives an invalidation application of registered trademark, it shall notify the relevant parties in writing and request to make a response within the prescribed period. The Trademark Review and Adjudication Board shall make a decision to maintain or invalidate the registration within 12 months from the receipt of the application and notify the interested parties in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 6 months after the approval of the administrative authority for industry and commerce under the State Council. Where any interested party who is dissatisfied with the decision made by the Trademark Review and Adjudication Board, he may institute legal proceedings in the People's Court within 30 days from receipt of the notification. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.

Where the confirmation of the involved prior right must be based on the result of another case handled by the People’s Court or administrative authorities during the examination of the invalidation request according to the preceding paragraph, the Trademark Review and Adjudication Board shall suspend the examination and it shall be resumed after the causes of the suspension have been eliminated.

Article 46
Where the interested party does not, within the statutory time limit, apply for the reexamination of the invalidation decision of a registered mark made by the Trademark Office or does not institute legal proceedings in respect of the review and adjudication decision of maintaining or invalidating of the registered trademark made by the Trademark Review and Adjudication Board, the decision of Trademark Office or the review or adjudication decision of Trademark Review and Adjudication Board takes effect.

Article 47
The registered trademark which is invalidated according to Article 44 and Article 45 of this law shall be published by the Trademark Office and the trademark exclusive right shall be deemed not existed from the beginning.

The invalidation or adjudication decision of a registered trademark shall not be retrospective to the trademark infringement judgments, decisions, mediation agreement made and executed by the People’s Court, the decision of trademark infringement made and executed by the administrative authorities, and the trademark assignment or license which have been performed. However, if the loss is caused due to the bad faith of the user, it shall be compensated.

Where not returning of the trademark infringement compensation for the damages, assignment fee, and license fee according to the preceding paragraph is an apparent violation of the principle of fairness, the fee shall be returned fully or in part.

Chapter VI Administration of the Use of Trademarks

Article 48
The use of trademarks prescribed in this law refers to the use of trademarks on goods, packages or containers thereof and commodity trading instruments, or use of the trademarks in advertisements, exhibitions and other commercial activities to identify the source of the goods.

Article 49
Where any trademark registrant who altered unilaterally the registered trademark image, the name, address or other registered matters in the use of a registered trademark, the local administrative authority of industry and commerce shall order him to rectify the situation within a specified period; failing to rectify within the specified period, the Trademark Office shall cancel the registered trademark.

Where the registered trademark becomes a generic term for the approved goods or without justified reasons, the use of the registered trademark has been ceased for three consecutive years, any organization or individual may request the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within 9 months from the receipt of the application. Where there is special circumstance which requires extending the examination time, it may be extended for 3 months after the approval of the administrative authority for industry and commerce under the State Council. 

Article 50
Where a registered trademark has been cancelled, invalidated or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation, invalidation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.

Article 51
Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine of no more than 20% of the illegal revenue when the illegal revenue is more than 50,000 Yuan; it may impose a fine of no more than 10,000 Yuan if there is no illegal revenue or the illegal revenue is no more than 50,000 Yuan.

Article 52
Where any person who uses an unregistered trademark falsely represented as registered or the use of the unregistered trademark is in violation of Article 10 of this law, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism. When the illegal revenue is more than 50,000 Yuan, it may impose a fine of no more than 20% of the illegal revenue; where there is no illegal revenue or the illegal revenue is no more than 50,000 Yuan, it may impose a fine of no more than 10,000 Yuan.
 
Article 53
Where any person who violates Article 14(5) of this law, the local administrative authority for industry and commerce shall order him to rectify the situation and impose a fine of 100,000 Yuan.

Article 54
Any party dissatisfied with the decision of the Trademark Office to cancel or not cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, file an application for a review. The Trademark Review and Adjudication Board shall make a decision within 9 months from the receipt of the application and notify the involved parties in writing. Where there is special circumstance which requires extending the examination time, it may be extended for 3 months after the approval of the administrative authority for industry and commerce under the State Council. Any interested party dissatisfied with the decision by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court.

Article 55
Where the interested party does not, within the statutory time limit, apply for the reexamination of the cancellation decision of a registered mark made by the Trademark Office or does not institute legal proceedings in respect of the review decision made by the Trademark Review and Adjudication Board, the cancellation decision of an registered trademark or the review decision takes effect.

Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks

Article 56
The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

Article 57
Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:
  (1) to use a trademark that is identical with a registered trademark in respect of the identical goods without the authorization from the trademark registrant;
  (2) to use a trademark that is similar to a registered trademark in respect of the identical goods or use a trademark that is identical with or similar to a registered trademark in respect of the similar goods, which is likely to cause confusion, without the authorization from the trademark registrant;
  (3) to sell goods that he knows bear a counterfeited registered trademark;
  (4) to counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization;
  (5) to replace, without the consent of the trademark registrant, its or his registered trademark and market again the goods bearing the replaced trademark;
(6) to provide convenience for others to infringe the exclusive right to use a registered trademark or to assist others to perform the infringing act against the exclusive right to use a registered trademark intentionally; or
  (7) to cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.

Article 58
Where the use of others’ registered trademark or unregistered well-known trademarks as trade name, which is misleading among the public, constitutes unfair competition act, it shall be handled according to Anti-Unfair Competition Law of People’s Republic of China.

Article 59
Where a registered trademark contains the generic term, device, model number, or quality, main raw materials, function, usage, weight, quantity and other features, or geographic name of the designated goods, the registrant of the trademark has no right to prevent others’ legal use.

Where a registered three-dimensional trademark contains shape derived from the goods itself, required for obtaining the technical effect, or giving the goods substantive &#118alue, the holder of the registered trademark has no right to prevent others’ legal use.

Before the registration application is filed, where an identical or similar trademark has been used on identical or similar goods by others and obtained certain popularity, the holder of the registered trademark has no right to prevent others’ continuous use of the trademark within the original scope, but he may request the prior user to attach appropriate identification sign.

Article 60
Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 57 of this Law and has caused a dispute, the interested parties shall resolve the dispute through consultation; where they are reluctant to resolve the matter through consultation or the consultation fails, the trademark registrant or interested party may institute legal proceedings in the People's Court or request the administrative authority for industry and commerce for actions.

Where it is established that the infringing act is constituted in its handling the matter, the administrative authority for industry and commerce handling the matter shall order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for the manufacture of the infringing goods and for counterfeiting the representations of the registered trademark, and impose a fine of no more than 5 times of the illegal revenue when that is more than 50,000 Yuan; it may impose a fine of no more than 250,000 Yuan if there is no illegal revenue or the illegal revenue is no more than 50,000 Yuan. Anyone who is committed infringements more than twice within 5 years or there are other serious circumstances shall be given a heavier punishment. Anyone who does not know the goods sold that has infringed the exclusive right to use a registered trademark, and is able to prove that it or he has obtained the goods legitimately and indicates the supplier thereof, the administrative authority for industry and commerce shall order him to stop selling immediately.

Where there is dispute on the amount of the compensation for the damages for infringement against the exclusive right to use a registered trademark, any interested party may ask the administrative authority for industry and commerce to medicate or institute legal proceedings in the People's Court. After medication by the administrative authority for industry and commerce, where no settlement is reached or the medication agreement fails to be performed, the interested parties may institute legal proceedings in the People's Court.

Article 61
The administrative authority for industry and commerce has the power to investigate and handle any act of infringement of the exclusive right to use a registered trademark according to law; where the case is so serious as to constitute a crime, it shall be transferred to the judicial authority for handling.

Article 62
When investigating and handling an act suspected of infringement of a registered trademark, the administrative authority for industry and commerce at or above the county level may, according to the obtained evidence of the suspected violation of law or informed offence, exercise the following functions and authorities:
  (1) to inquire of the interested parties involved, and to investigate the relevant events of the infringement of the exclusive right to use the trademark;
  (2) to read and make copy of the contract, receipts, account books and other relevant materials of the interested parties relating to the infringement;
(3) to inspect the site where the interested party committed the alleged infringement of the exclusive right to use the trademark; and
  (4) to inspect any articles relevant to the infringement; any articles that prove to have been used for the infringement of another person's exclusive right to use the trademark may be sealed up or seized.
When the administrative authority for industry and commerce exercises the preceding functions and authorities, the interested party shall cooperate and help, and shall not refuse to do so or stand in the way.

During the investigation on the trademark infringement, where the ownership of the trademark is disputable or the holder institutes legal proceedings for infringement in the People's Court simultaneously, the administrative authority for industry and commerce may suspend the investigation. The examination shall be resumed after the causes of the suspension have been eliminated.

Article 63
The amount of compensation for the damages shall be determined according to the actual loss suffered by the holder due to the infringement; where it is difficult to determine the actual loss, it may be determined according to the profit that the infringer has earned because of the infringement; where it is difficult to determine the actual loss or the profit that the infringer has earned, it may be determined appropriately according to the multiples of license fee of the trademark. Where the exclusive right to use a registered trademark is infringed maliciously or the circumstance is serious, the amount may be determined within 1 to 3 times of the amount determined according to the above mentioned ways. The amount of compensation for the damages shall include the appropriate expenses of the infringee for stopping the infringement.

Where the infringee has tried best to provide proof, but the account books and materials relevant to the infringement are mainly kept by the infringer, the People’s Court may order the infringer to provide the account books and materials relevant to the infringement; where the infringer does not provide or provide fake account books and materials, the People’s Court may determine the amount of compensation for the damages according to the infringee’s claim and evidence.

Where it is difficult to determine the actual loss suffered by the infringee because of the infringement, the profit that the infringer has earned because of the infringement, or the license fee of the registered trademark, the People's Court shall impose an amount of compensation for the damages of no more than RMB 3,000, 000 Yuan according to the circumstances of the infringement.

Article 64
Where the holder of the registered trademark requests compensation for the damages, the alleged infringer pleads on the grounds of the registered trademark has not been in use by the registrant, the People’s Court may request the trademark holder to provide use evidence of the trademark in the previous three years. Where the registrant fails to prove the actual use of the trademark in the previous years and other loss he suffered from the infringement, the alleged infringer shall not bear the liability of compensation for the damages.

Anyone who sells the goods that it or he does not know has infringed the exclusive right to use a registered trademark, and is able to prove that it or he has obtained the goods legitimately and indicates the supplier thereof shall not bear the liability of compensation for the damages.

Article 65
Where a trademark registrant or interested party who has evidence to show that another person is committing or will commit an infringement of the right to use its or his registered trademark, and that failure to promptly stop the infringement will cause irreparable damages to its or his legitimate rights and interests, it or he may file an application with the People's Court to order cessation of the relevant act and to take measures for property preservation before instituting legal proceedings in the People's Court according to the law.
   
Article 66
In order to stop an infringing act, any trademark registrant or interested party may file an application with the People's Court for preservation of the evidence before instituting legal proceedings in the People's Court where the evidence will possibly be destroyed or lost or difficult to be obtained again in the future.

Article 67
Where any party uses, without the authorization from the trademark registrant, a trademark identical with a registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.

Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.

Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.

Article 68
Where the trademark agency has committed any of the following, the administrative authority for industry and commerce shall order it to rectify the situation within a specified period, give a warning and impose a fine of more than 10,000 Yuan and less than 100,000 Yuan; it shall give a warning to the person who is directly in charge and the other responsible people and impose a fine of more than 5,000 Yuan and less than 50,000 Yuan; where constituting a crime, he shall be prosecuted, according to law:
(1) to counterfeit, alter or use forged, altered legal document, stamp, signature during the handling of trademark matters;
(2) to solicit trademark business by means of slander other trademark agencies or others unfair means, which disturbs the order of the trademark agency market;
(3) to violate Article 19(3) and 19(4) of this law.

Where the trademark agency commits any of the acts prescribed in the preceding paragraph, the administrative authority for industry and commerce shall record it on the credit files; where the circumstance is serious, the Trademark Office and Trademark Review and Adjudication Board may order it to stop handling trademark agency business and publish it.

Where the trademark agency violates the principle of honesty and creditability and infringes the lawful interests of the entrusted party, it shall bear civil liability and the trademark agency association shall punish it according to its articles of association.

Article 69
The State functionaries for the registration, administration and reexamination of trademarks must handle cases according to law, be incorruptible and disciplined, devoted to their duties and courteous and honest in their provision of service.

The State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and those working for the registration, administration and reexamination of trademarks shall not practice as trademark agent and engage in any activity to manufacture and market goods.

Article 70
The administrative authority for industry and commerce shall establish and amplify its internal supervision system to supervise and inspect the State functionaries for the registration, administration and reexamination of trademarks in their implementation of the laws and administrative regulations and in their observation of the discipline.

Article 71
Where any State functionary for the registration, administration and reexamination of trademarks neglects his duty, abuses his power, engages in malpractice for personal gain, handles the registration, administration and reexamination of trademarks in violation of law, accepts money or material wealth from any interested party or seeks illicit interest, which constitutes a crime, he or she shall be prosecuted for his or her criminal liabi1ity. If the case is not serious enough to constitute a crime, he or she shall be given disciplinary sanction according to law.

Chapter VIII Supplementary Provisions

Article 72
Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fees as prescribed. The schedule of fees shall be prescribed separately.

Article 73
This Law shall enter into force on March l, l983. The 'Regulations Governing Trademarks' promulgated by the State Council on April l0, l963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time.

Trademarks registered before this Law enters into force shall continue to be valid.

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