"Trademark Law of the People's Republic of China"

The 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982 adopted the "On Amending the People's Republic of China" at the 30th Session of the Standing Committee of the Seventh National People's Congress on February 22, 1993. The first amendment was based on the Decision on Amending the Trademark Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001. The second amendment was based on the Decision on Amending the Trademark Law of the People's Republic of China. The Decision on Amending the Trademark Law of the People's Republic of China at the Fourth Meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013 was revised for the third time in accordance with the Decision of the Thirteenth National People's Congress on April 23, 2019 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 National Congress was revised for the fourth time.

Chapter 1 General Provisions

Article 1 is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, maintain the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy. this law.

Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.

The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

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

The term "certification trademark" as used in this Law refers to a trademark controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

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

Article 6: Products that require the use of registered trademarks under laws and administrative regulations must apply for trademark registration. Products without approval of registration may not be sold in the market.

Article 7: When applying for registration and use of trademarks, the principle of good faith shall be followed.

Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.

Article 8 Any mark 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 marks, color combinations and sounds, etc., as well as combinations of the above elements, can be used as a mark. Trademark application for registration.

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 10 The following signs shall not be used as trademarks:

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, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 The following signs shall not be registered as trademarks:

Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be registered.

Article 13: If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling cases involving trademarks. The following factors should be considered when determining a well-known trademark:

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.

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

Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited.

A trademark applied for registration for the same kind of goods or similar goods is identical 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 those specified in the preceding paragraph and is fully aware of the existence of the other person's trademark. If the other person raises objections, the registration will not be granted.

Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, and it misleads the public, it shall not be registered and its use shall be prohibited; however, if the trademark has been registered in good faith, it shall continue to be valid.

The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or humanistic factors of the region.

Article 17 When foreigners or foreign enterprises apply for trademark registration in China, they shall do so in accordance with the agreement signed by their country of origin and the People's Republic of China or the international treaty they both participate in, or in accordance with the principle of reciprocity.

Article 18 When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.

When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.

Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; it shall be responsible for the agent's business secrets learned during the agency process. Confidentiality.

If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client.

If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.

In addition to applying for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks.

Article 20 Trademark agency industry organizations shall, in accordance with the provisions of their articles of association, strictly implement the conditions for recruiting members, and punish members who violate industry self-discipline norms. Trademark agency industry organizations should promptly announce to the public the members they recruit and the disciplinary status of 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 prescribed by the State Council.

Chapter 2 Application for Trademark Registration

Article 22 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.

Article 24 If a registered trademark needs to change its sign, a new registration application must be submitted.

Article 25 If a trademark registration applicant files an application for trademark registration in China with the same trademark for the same goods within six months from the date when the trademark is first filed in a foreign country, the applicant shall apply for trademark registration in China in accordance with the agreement signed between the foreign country and China. Priority may be enjoyed by an agreement or an international treaty to which both parties are a party, or in accordance with the principle of mutual recognition of priority.

To claim priority in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first trademark registration application document shall be submitted within three months; if a written statement is not made or the trademark registration application is not submitted within the time limit, Copies of documents shall be deemed not to have claimed priority.

Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods.

Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration, and submit within three months the name of the exhibition where the goods are exhibited, evidence of the use of the trademark on the goods on display, and the date of exhibition. and other supporting documents; if a written statement is not made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.

Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.

Chapter 3 Review and Approval of Trademark Registration

Article 28: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.

Article 29: During the examination process, if the Trademark Office believes that the contents of the trademark registration application need explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.

Article 31 If two or more trademark registration applicants apply for registration of identical or similar trademarks on the same or similar goods, the trademark that was applied for first will be initially reviewed and announced; if the application is made on the same day, , preliminarily examine and announce the previously used trademark, reject the application of others, and will not publish it.

Article 32: When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence.

Article 33 For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right owner or interested parties believe that it violates paragraphs 2 and 3 of Article 13 and Article 15 of this Law. , Article 16, Paragraph 1, Article 30, Article 31, and Article 32, or anyone believes that Article 4, Article 10, Article 11, Article 10 of this Law has been violated Article 2 and Article 19, paragraph 4, may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

Article 34: For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, make a decision within twelve months from the expiration of the announcement period. The decision to approve registration shall be made and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

Article 36 If the statutory period expires and the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or the decision to deny registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board, the decision to reject the application or the decision to deny registration shall be deemed to be The registration decision or review decision takes effect.

For a trademark that is approved for registration if the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.

Article 37: Applications for trademark registration and trademark review shall be reviewed in a timely manner.

Article 38 If a trademark registration applicant or registrant discovers that there are obvious errors in trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties involved.

The correction errors referred to in the preceding paragraph do not involve the substantive content of the trademark application documents or registration documents.

Chapter 4 Renewal, Change, Transfer and License of Use of Registered Trademarks

Article 39　The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, a six-month extension period may be granted . Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

The Trademark Office shall announce the renewal of registered trademarks.

Article 41 If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.

Article 42: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.

When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.

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

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

Article 43 A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

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

If the licensor permits others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for record, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without registration.

Chapter 5 Declaration of Invalidity of Registered Trademarks

Article 44 A registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 and Article 19, paragraph 4 of this Law, or is registered by deceptive means or other unfair means. If registration is obtained by means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

Article 45 A registered trademark violates paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 16 of this Law. Article 32 stipulates that within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

In the process of reviewing a request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the review if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or is being handled by the administrative agency. . After the reasons for the suspension are eliminated, the review process should be resumed.

Article 46 If the statutory period expires and the party concerned does not apply for review of the Trademark Office's decision to declare the registered trademark invalid or does not file a lawsuit with the People's Court against the Trademark Review and Adjudication Board's review decision or the ruling to maintain the registered trademark or declare the registered trademark invalid, the Trademark Office shall The decision of the Trademark Review and Adjudication Board or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

Article 47: A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning.

Decisions or rulings declaring the registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.

If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.

Chapter 6 Management of Trademark Use

Article 48 The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities to identify commodities. source behavior.

Article 49 If a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administrative department shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, the trademark registrant shall The Bureau revoked its registered trademark.

If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

Article 50 If a registered trademark is revoked, declared invalid or will not be renewed upon expiration, within one year from the date of cancellation, invalidation or cancellation, the Trademark Office will not accept applications for trademark registration that are identical or similar to the trademark. approved.

Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. There is no violation of the law. If the business volume or illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 52 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may report the illegal business amount to five If the amount exceeds 10,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local administrative department for industry and commerce and shall be fined 100,000 yuan.

Article 54 If the party concerned is dissatisfied with the Trademark Office's decision to revoke or not revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 55 If the statutory period expires and the party concerned does not apply for review of the Trademark Office's decision to cancel the registered trademark or does not file a lawsuit with the People's Court against the Trademark Review and Adjudication Board's review decision, the decision to cancel the registered trademark or the review decision shall take effect. .

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

Chapter 7 Protection of Exclusive Rights of Registered Trademarks

Article 56: The exclusive right of a registered trademark is limited to the trademark approved for registration and the goods approved for use.

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a business name to mislead the public and constitute unfair competition shall be dealt with in accordance with the Anti-Unfair Competition Law of the People’s Republic of China.

Article 59 If a registered trademark contains the common name, graphics, or model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contains a place name, the exclusive right to use the registered trademark shall not apply. No one has the right to prohibit others from using it properly.

If a three-dimensional mark registered trademark contains a shape resulting from the nature of the product itself, a shape of the product necessary to obtain technical effects, or a shape that makes the product of substantial value, the owner of the exclusive right to the registered trademark has no right to prohibit others from legitimate use.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user from using the original trademark. Continue to use the trademark within the scope of use, but you can require it to be attached with appropriate distinguishing marks.

Article 60 If any dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the people. You can file a lawsuit in court or request the industrial and commercial administration department to handle it.

When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive right to use a registered trademark in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

Article 62: When the industrial and commercial administrative departments at or above the county level investigate and deal with suspected infringement of other people's exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations of law, they may exercise the following powers:

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

During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the benefits gained by the infringer due to the infringement; the right holder’s losses or infringement If the benefits obtained by a person are difficult to determine, they shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

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

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.

When hearing trademark dispute cases, the People's Court shall, at the request of the obligee, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; and order the destruction of materials and tools mainly used to manufacture goods with counterfeit registered trademarks without compensation. ; Or under special circumstances, be ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

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

Article 64 If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to the registered trademark to provide information on the actual use of the registered trademark within the previous three years. evidence. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.

If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and identify the supplier.

Article 65 If a trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, and if they are not stopped in a timely manner, their legitimate rights and interests will be irreparably damaged, they may, in accordance with the law, Before filing a lawsuit, apply to the People's Court for measures to order the cessation of relevant behavior and property preservation.

Article 66: In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court for the preservation of evidence before filing a lawsuit in accordance with the law.

Article 67 If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

If a person forges or manufactures a registered trademark of another person without authorization or sells a registered trademark that has been forged or manufactured without authorization, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.

Article 68 If a trademark agency commits any of the following acts, the industrial and commercial administrative department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than RMB 10,000 but not more than RMB 100,000; the directly responsible person in charge and other directly responsible personnel Give a warning and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

If a trademark agency engages in the conduct specified in the preceding paragraph, the industrial and commercial administration department shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and make an announcement.

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

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

Article 69: State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner.

Staff of the Trademark Office, Trademark Review and Adjudication Board and state agencies engaged in trademark registration, management and review are not allowed to engage in trademark agency business and commodity production and operation activities.

Article 70: The industrial and commercial administrative department shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations and compliance with disciplines by state agency staff responsible for trademark registration, management and review.

Article 71 If state agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, management and review matters, accept property from parties, and seek illegitimate benefits, which constitutes a crime, Criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, sanctions shall be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 72: Those who apply for trademark registration and handle other trademark matters must pay fees, and the specific fee standards will be determined separately.

Article 73 This Law shall come into effect on March 1, 1983. The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be abolished at the same time; other provisions related to trademark management that conflict with this law shall be invalid at the same time.

Trademarks that have been registered before the implementation of this law will continue to be valid .