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Trademark Law of the People Republic of China
Summary:
In order to strengthen trademark management, protect trademark exclusive rights, urge producers and operators to guarantee the quality of goods and services, and maintain trademark credibility, to protect the interests of consumers and producers and o...
Trademark Law of the People Republic of China
(Adopted at the 24th meeting of the Standing Committee of the Fifth National People’s Congress on August 23, 1982, in accordance with the 30th meeting of the Standing Committee of the Seventh National People’s Congress on February 22, 1993 The “Decision on the Trademark Law of the Republic of China” was revised for the first time in accordance with 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. According to 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, the third amendment was based on the 13th National People’s Congress on April 23, 2019. The 10th meeting of the Standing Committee of the People's Congress "Decision on Amending Eight Laws including the Construction Law of the People's Republic of China" fourth amendment)
 
Chapter 1   General
 
Article 1 In order to strengthen trademark management, protect trademark exclusive rights, urge producers and operators to guarantee the quality of goods and services, and maintain trademark credibility, to protect the interests of consumers and producers and operators, and to promote the development of the socialist market economy, it is specially formulated This law.
 
   Article 2   The Trademark Office of the Administration for Industry and Commerce of the State Council is in charge of trademark registration and management throughout the country.
 
   The State Council Administration for Industry and Commerce has established a Trademark Review and Adjudication Board to handle trademark disputes.
 
   Article 3   Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; trademark registrants have the right to use trademarks and are protected by law.
 
   The collective mark referred to in this law refers to a mark registered in the name of a group, association or other organization for members of the organization to use in commercial activities to indicate the user’s membership in the organization.
 
The certification mark referred to in this law refers to a product or service that is controlled by an organization that has the ability to supervise a certain product or service, and is used by a unit or individual other than the organization for its product or service to prove the origin of the product or service. , Raw materials, manufacturing methods, quality or other specific quality signs.
 
   Special matters concerning the registration and management of collective trademarks and certification trademarks shall be prescribed by the administrative department for industry and commerce under the State Council.
 
  Article 4  Natural persons, legal persons or other organizations that need to obtain the exclusive right to use trademarks for their goods or services during production and business activities shall apply to the Trademark Office for trademark registration. Malicious trademark registration applications that are not intended for use shall be rejected.
 
  The provisions of this Law concerning product 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 the 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 according to laws and administrative regulations must apply for trademark registration, and those without approval of registration shall not be sold on the market.
 
  Article 7 Applying for registration and use of trademarks shall follow the principle of good faith.
 
   The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop deceiving consumers.
 
Article 8 Any logo that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including text, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as a combination of the above elements, can be used as Trademark application registration.
 
  Article 9 The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the lawful rights obtained by others.
 
   The trademark registrant has the right to indicate "registered trademark" or registration mark.
 
   Article 10  The following signs shall not be used as trademarks:
 
(1) It is the same as or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People’s Republic of China, and the same as the name, logo, name of the specific location or landmark building of the central state agency The names and graphics of the objects are the same;
 
   (2) The same or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, unless approved by the government of that country;
 
  (3) Those identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except those that have been agreed by the organization or are not easy to mislead the public;
 
  (4) The same or similar to the official mark and inspection mark indicating the implementation of control and guarantee, except for authorized ones;
 
   (5) The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;
 
   (6) Ethnically discriminatory;
 
   (7) It is deceptive, which is likely to cause the public to misunderstand the quality and other characteristics of the product or the place of origin;
 
   (8) Those that are harmful to socialist morals and customs or have other adverse effects.
 
   The place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, place names have other meanings or are used as part of collective trademarks or certification marks; registered trademarks that use place names continue to be valid.
 
  Article 11 The following signs shall not be registered as trademarks:
 
   (1) Only the generic name, graphics, and model of this product;
 
  (2) Only directly indicate the quality, main raw materials, function, purpose, weight, quantity and other characteristics of the product;
 
   (3) Other lack of distinctive features.
 
   The marks listed in the preceding paragraph can be registered as trademarks if they have acquired distinctive features through use and are easy to identify.
 
   Article 12   Where a three-dimensional mark is used for trademark registration, the shape produced by the nature of the product itself, the product shape required for technical effects, or the shape that gives the product substantial value, shall not be registered.
 
  Article 13   is a well-known trademark by the relevant public. If the holder believes that his rights have been infringed, he may request the protection of the well-known trademark in accordance with the provisions of this law.
 
   The trademark applied for registration for the same or similar goods is a well-known trademark that is copied, imitated or translated by others that has not been registered in China, which is likely to cause confusion, and the registration is not allowed and the use is prohibited.
 
   If the trademark applied for registration of a different or dissimilar product is a well-known trademark that has been registered in China by copying, imitating or translating another person, misleading the public, and causing damage to the interests of the registrant of the well-known trademark, the registration shall not be granted and the use thereof shall be prohibited.
 
  Article 14   Well-known trademarks shall be recognized as facts that need to be recognized in handling trademark cases at the request of the parties. The following factors should be considered when identifying a well-known trademark:
 
   (1) The extent to which the relevant public knows the trademark;
 
   (2) The duration of use of the trademark;
 
   (3) The duration, extent and geographic scope of any publicity work of the trademark;
 
   (4) The trademark is protected as a well-known trademark;
 
   (5) Other factors that make the trademark famous.
 
   In the process of trademark registration review and the investigation and handling of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with Article 13 of this law, the Trademark Office may determine the well-known trademarks based on the needs of the review and handling of the case.
 
  In the process of handling trademark disputes, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark according to the needs of the case.
 
   During the trial of trademark civil and administrative cases, if the parties claim their rights in accordance with Article 13 of this Law, the people’s court designated by the Supreme People’s Court may, based on the needs of the trial, determine the well-known trademark.
 
   Producers and operators shall not use the words "well-known trademarks" on commodities, commodity packaging or containers, or in advertisements, exhibitions and other commercial activities.
 
   Article 15   Without authorization, the agent or representative registers the trademark of the principal or the representative in his own name, and if the principal or the representative raises an objection, the registration shall not be granted and the use shall be prohibited.
 
The trademark applied for registration of the same commodity or similar commodity is the same or similar to the unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than the provisions of the preceding paragraph and knows that the trademark of the other person exists, If the other person raises an objection, registration shall not be granted.
 
   Article 16   There is a geographical indication of a commodity in a trademark, and the commodity does not originate from the area indicated by the sign, and misleading the public shall not be registered and prohibited from use; however, the registration obtained in good faith will continue to be valid.
 
   The geographical indication mentioned in the preceding paragraph is a sign indicating that a product originates from a certain region, and the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region.
 
  Article 17   Foreigners or foreign enterprises applying for trademark registration in China shall be handled in accordance with the agreement signed between their country of origin and the People’s Republic of China or the international treaty jointly participated in, or the principle of reciprocity.
 
  Article 18  Applying for trademark registration or handling other trademark matters may be handled by oneself, or a trademark agency established according to law may be entrusted to handle it.
 
   Foreigners or foreign companies applying for trademark registration and handling other trademark matters in China shall entrust a legally established trademark agency to handle it.
 
Article 19 A trademark agency shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; it shall be liable for the agent’s business secrets learned during the agency process. Confidentiality.
 
   If the trademark applied by the client for registration may not be registered under this law, the trademark agency shall clearly inform the client.
 
   If a trademark agency knows or should know that the trademark applied by the client for registration falls under the circumstances specified in Article 4, Article 15 and Article 32 of this Law, it shall not accept its entrustment.
 
   In addition to applying for trademark registration for its agency services, trademark agencies shall not apply for the registration of other trademarks.
 
   Article 20   Trademark agency industry organizations shall, in accordance with the provisions of the articles of association, strictly implement the conditions for attracting members, and impose penalties on members who violate industry self-discipline standards. Trademark agency industry organizations shall promptly announce to the public the members they have recruited and the punishment of members.
 
   Article 21   The international registration of trademarks follows the system established by the relevant international treaties concluded or participated by the People’s Republic of China. The specific measures shall be stipulated by the State Council.
 
Chapter 2   Application for Trademark Registration
 
   Article 22   The applicant for trademark registration shall fill in the commodity category and commodity name for which the trademark is used in accordance with the prescribed commodity classification table, and submit an application for registration.
 
  A trademark registration applicant can apply for the registration of the same trademark for multiple categories of goods through one application.
 
   Trademark registration application and other relevant documents can be submitted in written form or data telegram.
 
   Article 23   If a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.
 
   Article 24   If a registered trademark needs to change its logo, a new registration application shall be filed.
 
Article 25. If an applicant for trademark registration files a trademark registration application in China for the same goods with the same trademark within six months from the date when the trademark registration application is first filed in a foreign country, the foreign The right of priority may be enjoyed in accordance with the agreement or international treaty of joint participation, or in accordance with the principle of mutual recognition of priority.
 
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be submitted when the trademark registration application is filed, and a copy of the first filed trademark registration application shall be submitted within three months; no written statement has been submitted or the trademark registration application has not been submitted within three months A copy of the document shall be deemed to have not claimed priority.
 
   Article 26   Where a trademark is used for the first time on a product 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 display of the product.
 
Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and the name of the exhibition where the goods are exhibited, evidence of the use of the trademark on the exhibited goods, and the date of exhibition shall be submitted within three months And other supporting documents; if a written statement is not submitted or the supporting documents are not submitted within the time limit, it shall be deemed that the priority is not claimed.
 
   Article 27   The matters declared and the materials provided for applying for trademark registration shall be true, accurate and complete.
 
Chapter III: Examination and Approval of Trademark Registration
 
   Article 28   For a trademark applied for registration, the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it shall issue a preliminary review announcement.
 
   Article 29   During the examination process, if the Trademark Office considers that the content of the trademark registration application requires explanation or amendment, it may request the applicant to make explanation or amendment. The failure of the applicant to make explanations or amendments shall not affect the examination decision of the Trademark Office.
 
   Article 30   Any trademark that does not comply with the relevant provisions of this Law or is identical or similar to another person’s registered or preliminarily approved trademark on the same or similar goods shall be rejected by the Trademark Office and shall not be announced.
 
Article 31 Where two or more trademark registration applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that was applied for earlier shall be preliminarily examined and announced; for the same day of application , Preliminary review and announcement of the use of the earlier trademark, rejection of other people’s applications, no announcement.
 
   Article 32   An application for trademark registration shall not damage the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has certain influence by improper means.
 
Article 33 For trademarks that have been preliminarily reviewed and announced, within three months from the date of announcement, prior right holders and interested parties believe that they violate Article 13, paragraphs 2 and 3, and Article 15 of this law. , Article 16, paragraph 1, Article 30, Article 31, Article 32, or anyone who believes that it violates Articles 4, 10, 11, and 10 of this law Article 2. An objection may be filed to the Trademark Office as provided in the fourth paragraph of Article 19. If there are no objections at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued, and the announcement shall be made.
 
   Article 34   For trademarks that have rejected the application and are not publicly announced, the Trademark Office shall notify the applicant for trademark registration in writing. If the trademark registration applicant is dissatisfied, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notification. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notice.
 
Article 35 If an objection is filed against a trademark that has been preliminarily reviewed and announced, the Trademark Office shall hear the opponent and the opponent state the facts and reasons. After investigation and verification, it shall make a decision within 12 months from the expiration of the announcement period. The decision to approve the registration shall be notified in writing to the opponent and the opponent. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council.
 
   If the Trademark Office makes a decision to approve registration, it shall issue a trademark registration certificate and make an announcement. If the dissident is not satisfied,The provisions of Article 44 and Article 45 of the Law shall request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
 
   If the Trademark Office makes a decision not to approve the registration, and the opposed party is not satisfied, it may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receiving 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 opponent in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council. If the opponent is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may file a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissident to participate in the litigation as a third party.
 
   In the process of the review by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case being tried by the people's court or by the administrative agency, the review may be suspended. After the reasons for the suspension are eliminated, the review procedures shall be resumed.
 
Article 36 At the expiration of the statutory time limit, if the party concerned does not apply for a review of the decision to reject the application made by the Trademark Office, the decision not to approve the registration, or the People's Court does not file a suit against the review decision made by the Trademark Review and Adjudication Board, the decision to reject the application shall be rejected. The registration decision or review decision takes effect.
 
   For a trademark that is approved for registration after an objection is not established, the time for the applicant for trademark registration to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary review and announcement. From the date of the expiration of the trademark announcement until the decision to approve the registration is made, there is no retrospective effect on the use of the same or similar marks as the trademark on the same or similar goods; however, due to the bad faith of the user The losses caused to the trademark registrant shall be compensated.
 
   Article 37   The application for trademark registration and trademark review shall be reviewed in a timely manner.
 
   Article 38   If a trademark registration applicant or registrant finds obvious errors in the trademark application or registration documents, he may apply for correction. The Trademark Office made corrections within the scope of its powers and notified the parties.
 
   The correction of errors mentioned in the preceding paragraph does not involve the substance of the trademark application documents or registration documents.
 
Chapter IV: Renewal, Modification, Assignment and Licensing of Registered Trademarks
 
   Article 39 The period of validity of a registered trademark is ten years, counting from the date of approval of registration.
 
Article 40. If a registered trademark has expired and needs to be used continuously, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration of the period; if the trademark fails to be processed during this period, a six-month grace period may be granted . The validity period of each renewal of registration is ten years, calculated from the day after the expiration of the previous validity period of the trademark. If the renewal formalities are not completed, the registered trademark shall be cancelled.
 
   The Trademark Office shall announce the renewed trademark.
 
   Article 41   If a registered trademark needs to change the registrant’s name, address or other registration matters, an application for change shall be submitted.
 
   Article 42   To transfer a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods on which the registered trademark is used.
 
   If a registered trademark is transferred, the trademark registrant shall transfer the similar trademarks registered on the same goods, or the same 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, and notify the applicant in writing and explain the reasons.
 
   The transfer of the registered trademark shall be announced after approval. The assignee has the right to exclusive use of the trademark from the date of announcement.
 
   Article 43   A trademark registrant may sign a trademark license contract to permit others to use his registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used.
 
   Anyone who is permitted to use a registered trademark of another person must indicate the name of the licensee and the place of origin of the product on the goods on which the registered trademark is used.
 
   To authorize 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 make an announcement. Trademark licenses shall not be used against bona fide third parties without filing.
 
Chapter 5   Declaration of Invalidation of Registered Trademark
 
Article 44 The registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, Article 19 Paragraph 4 of this law, or is deceived or otherwise improper Where the registration is obtained by means, the Trademark Office shall declare the registered trademark invalid; other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
 
   When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for a review within 15 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 need to be extended, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notice.
 
   Where other entities or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing after receiving the application and submit a defense within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 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 Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 13 of this law. As provided in Article 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not subject to the five-year time limit.
 
   After the Trademark Review and Adjudication Board receives an application for declaring a registered trademark invalid, it shall notify the relevant parties in writing and submit 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 need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce under the State Council. If the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receiving 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.
 
When the Trademark Review and Adjudication Board is reviewing the request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case being tried by the people’s court or the administrative agency, the review may be suspended . After the reasons for the suspension are eliminated, the review procedures shall be resumed.
 
Article 46 When the statutory time limit expires, if the party concerned does not apply for a review of the Trademark Office’s decision to declare a registered trademark invalid, or the Trademark Review and Adjudication Board’s decision to maintain the registered trademark or the ruling to declare the registered trademark invalid, the Trademark Office does not file a lawsuit with the People’s Court. The decision 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 right to exclusive use of the registered trademark shall be deemed to have not existed from the beginning.
 
Decisions or rulings announcing the invalidation of registered trademarks, judgments, rulings, mediation documents of trademark infringement cases made and executed by the people’s court before the invalidation, and handling decisions of trademark infringement cases made and executed by the administrative department for industry and commerce, and The performed trademark assignment or licensing contract does not have retrospective effect. However, the losses caused to others due to the bad faith of the trademark registrant shall be compensated.
 
   In accordance with the provisions of the preceding paragraph, if the trademark infringement compensation, trademark transfer fee, or trademark usage fee is not refunded, if it obviously violates the principle of fairness, it shall be refunded in whole or in part.
 
Chapter VI: Management of Trademark Use
 
Article 48 The use of trademarks 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. The behavior of the source.
 
Article 49: Where a trademark registrant changes the registered trademark, registrant’s name, address, or other registration matters by himself in the process of using a registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; The Bureau revoked its registered trademark.
 
   If a registered trademark has become the generic name of the goods approved for use or has not used it for three consecutive years without a valid reason, any unit or individual may apply to the Trademark Office for the cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council.
 
Article 50 If a registered trademark is cancelled, declared invalid, or no longer renewed after the expiry date, within one year from the date of cancellation, invalidation or cancellation, the Trademark Office shall not approve the application for registration of a trademark identical or similar to the trademark. Approved.
 
Article 51 Those who violate the provisions of Article 6 of this law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit. If the illegal business turnover exceeds 50,000 yuan, a fine of less than 20% of the illegal business turnover may be imposed. If the business or illegal business is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.
 
Article 52. Anyone who uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of Article 10 of this Law, shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified. If the amount is more than 10,000 yuan, a fine of less than 20% of the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.
 
   Article 53   Violation of Article 14 Paragraph 5 of this Law shall be ordered by the local administrative department for industry and commerce to make corrections and impose a fine of 100,000 yuan.
 
   Article 54   If the party concerned is dissatisfied with the decision of the Trademark Office to revoke or not revoke a registered trademark, it may apply to the Trademark Review and Adjudication Board for review within 15 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 need to be extended, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in a people's court within 30 days from the date of receipt of the notice.
 
Article 55 Upon the expiration of the statutory time limit, if the party concerned does not apply for a review of the trademark cancellation decision made by the Trademark Office or does not file a lawsuit against the People's Court against the review decision made by the Trademark Review and Adjudication Board, the decision to cancel the registered trademark and the review decision shall take effect .
 
   The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall terminate on the date of announcement.
 
Chapter VII: Protection of the Exclusive Right to Use Registered Trademarks
 
   Article 56   The exclusive right to use a registered trademark shall be limited to the approved registered trademark and the goods approved for use.
 
   Article 57   Any of the following acts is an infringement of the exclusive right to use a registered trademark:
 
   (1) Without the permission of the trademark registrant, use the same trademark as its registered trademark on the same commodity;
 
   (2) Using a trademark similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
 
   (3) Selling goods that infringe the exclusive right to use a registered trademark;
 
   (4) Forging or arbitrarily manufacturing others' registered trademark signs or selling forged or arbitrarily made registered trademark signs;
 
  (5) Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
 
   (6) Deliberately providing conveniences for infringement of the exclusive rights of trademarks of others, and helping others to infringe the exclusive rights of trademarks;
 
   (7) Causes other damages to the exclusive right of the registered trademark of others.
 
   Article 58   If the registered trademark or unregistered well-known trademark of another person is used as the name in the name of a company to mislead the public and constitute an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the People’s Republic of China.
 
Article 59 The general name, figure, model of the product contained in the registered trademark, or directly indicate the quality, main raw material, function, purpose, weight, quantity and other characteristics of the product, or the place name contained, the exclusive right to use the registered trademark People have no right to prohibit others from using it properly.
 
   The three-dimensional mark registered trademark contains the shape produced by the nature of the product itself, the shape of the product required to obtain the technical effect, or the shape that makes the product have substantial value, the registered trademark owner has no right to prohibit others from using it properly.
 
Before a trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has certain influence on the same commodity or similar commodity before the trademark registrant, the registered trademark owner has no right to prohibit the user from using the original trademark. The trademark will continue to be used within the scope of use, but it can be required to attach appropriate distinguishing marks.
 
Article 60: Where there is one of the violations of the exclusive right to use a registered trademark as listed in Article 57 of this Law, which causes a dispute, the parties concerned shall negotiate and resolve the dispute; if the negotiation is unwilling or the negotiation fails, the trademark registrant or interested party may report to the people The court can also request the administrative department for industry and commerce to deal with it.
 
When the administrative department for industry and commerce determines that the infringement is established, it shall be ordered to stop the infringement immediately, confiscate and destroy the infringing goods and the tools mainly used to manufacture infringing goods and forge registered trademark signs, and the illegal business amount of more than 50,000 yuan may be punished A fine of less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Those who commit trademark infringements more than twice within five years or have other serious circumstances shall be severely punished. Sales of goods that are not known to infringe on the exclusive right to use a registered trademark can prove that the goods were obtained legally by oneself and the provider shall be ordered by the administrative department for industry and commerce to stop sales.
 
   For disputes over the amount of compensation for infringement of trademark exclusive rights, the parties can request mediation by the administrative department for industry and commerce that handles the dispute, or they can file a suit in a people’s court in accordance with the Civil Procedure Law of the People’s Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform the mediation agreement after it becomes effective, the parties may bring a suit in a people’s court in accordance with the Civil Procedure Law of the People’s Republic of China.
 
   Article 61   The administrative department for industry and commerce shall have the right to investigate and deal with infringements of the exclusive right to use a registered trademark; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling.
 
   Article 62   The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and punishing acts suspected of infringing on the exclusive rights of others' registered trademarks based on the evidence or reports that have been obtained for suspected violations of the law:
 
   (1) Inquiring the relevant parties and investigating the circumstances related to the infringement of the exclusive right of others to use a registered trademark;
 
   (2) Inspect and copy the parties' contracts, invoices, account books and other relevant materials related to the infringing activities;
 
  (3) Conduct on-site inspections of the premises where the parties are suspected of infringing on the exclusive rights of others' registered trademarks;
 
   (4) Inspection of articles related to infringement activities; articles that have evidence to prove that they infringe the exclusive rights of others' registered trademarks may be sealed up or seized.
 
   When the administrative department for industry and commerce exercises the functions and 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.
 
  In the process of investigating and handling trademark infringement cases, if there is a dispute over the ownership of the trademark or the right holder simultaneously initiates a trademark infringement lawsuit in the people's court, the administrative department for industry and commerce may suspend the investigation 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 according to the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined according to the benefit obtained by the infringer due to the infringement; the right holder’s loss or infringement If it is difficult to determine the benefits obtained by the person, it shall be reasonably determined with reference to the multiple of the trademark license fee. For malicious infringement of the right to exclusive use of a trademark, if the circumstances are serious, the amount of compensation may be determined at more than one time and less than five times the amount determined in accordance with the above methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement.
 
In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and information related to the infringement when the right holder has tried its best to provide evidence and the account books and information related to the infringement are mainly in the hands of the infringer; the infringer does not provide it Or if false accounting books and materials are provided, the people's court may refer to the claims of the right holder and the evidence provided to determine the amount of compensation.
 
   If it is difficult to determine the actual loss suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the license fee for the registered trademark, the people's court shall award a compensation of less than RMB 5 million based on the circumstances of the infringement.
 
The people’s courts shall order the destruction of goods that are counterfeit registered trademarks, except in special circumstances, in cases of trademark disputes at the request of the right holder; order the destruction of materials and tools mainly used to manufacture goods with counterfeit registered trademarks without compensation. ; Or under special circumstances, order to prohibit the aforementioned materials and tools from entering commercial channels without compensation.
 
   Products with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
 
Article 64: Where the registered trademark right holder requests compensation, and the accused infringer raises a defense against the registered trademark right holder’s failure to use the registered trademark, the people’s court may request the registered trademark right holder to provide the actual use of the registered trademark within the previous three years evidence. If the owner of the right to exclusive use of a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.
 
  Selling goods that are not known to infringe the exclusive rights of registered trademarks, and can prove that the goods are obtained legally by oneself and explain the provider, and shall not be liable for compensation.
 
Article 65 Where a trademark registrant or interested party has evidence to prove that another person is committing or is about to commit an act that infringes the exclusive right to use its registered trademark, and if it is not stopped in time, it will cause irreparable damage to its legitimate rights and interests. Before filing a lawsuit, apply to the people’s court for measures to order the suspension of relevant acts and property preservation.
 
   Article 66   In order to stop the infringement, the trademark registrant or the interested party may apply to the people's court for evidence preservation before the lawsuit is filed under circumstances where the evidence may be lost or difficult to obtain in the future.
 
   Article 67   If the use of a trademark that is the same as its registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating for the loss of the infringed, criminal responsibility shall be investigated in accordance with the law.
 
   Forgery or arbitrarily manufacturing others' registered trademarks or selling forged or arbitrarily made registered trademarks constitutes a crime, in addition to compensating for the loss of the infringed, criminal responsibility shall be investigated according to law.
 
   If the sale of goods known to be counterfeit registered trademarks constitutes a crime, in addition to compensating for the loss of the infringed, criminal responsibility shall be investigated in accordance with the law.
 
Article 68 Where a trademark agency commits one of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give a warning, and impose a fine of 10,000 yuan to 100,000 yuan; the directly responsible persons in charge and other directly responsible persons 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 responsibility shall be investigated according to law:
 
   (1) Forging, altering or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;
 
   (2) To solicit trademark agency business by slandering other trademark agencies or other means to disrupt the order of the trademark agency market;
 
  (3) Violation of the provisions of Article 4, Paragraph 3 and Paragraph 4 of Article 19 of this Law.
 
   If a trademark agency conducts the acts specified in the preceding paragraph, it shall be recorded in the credit file by the administrative department for industry and commerce; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting its trademark agency business and make an announcement.
 
   If a trademark agency violates the principle of good faith and infringes on the legal interests of the client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with the articles of association.
 
   For malicious applications for trademark registration, administrative penalties such as warnings and fines shall be given according to the circumstances; for maliciously filed trademark lawsuits, the people's court shall impose penalties in accordance with the law.
 
  Article 69  The staff of state agencies engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, loyal to their duties, and provide civilized services.
 
   The Trademark Office, the Trademark Review and Adjudication Board, and the staff of state agencies engaged in trademark registration, management and review shall not engage in trademark agency business and commodity production and operation activities.
 
  Article 70 The administrative department for industry and commerce shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations, and discipline by the staff of state agencies responsible for trademark registration, management, and review.
 
Article 71: Staff of state organs engaged in trademark registration, management, and review work negligence of duty, abuse of power, malpractices for personal gain, illegally handle trademark registration, management, and review matters, accept property from parties, seek illegitimate benefits, and constitute a crime, Investigate criminal responsibility according to law; if it does not constitute a crime, it shall be punished according to law.
 
Chapter 8 Attached
 
   Article 72   Those who apply for trademark registration and handle other trademark matters shall pay fees, and the specific charging standards shall be determined separately.
 
  Article 73 This Law shall come into force on March 1, 1983. The "Regulations on Trademark Administration" promulgated by the State Council on April 10, 1963 shall be repealed at the same time; other regulations on trademark administration that are in conflict with this law shall become invalid at the same time.
 
   Trademarks registered before the implementation of this law shall continue to be valid.

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