Decisions of the Standing Committee of the National People's Congress Concerning Alterations to the Trademark Law of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on the Revision of the Trademark Law of the People's Republic of China

Order of the President of the People's Republic of China No.6

August 30, 2013

The Decision of the Standing Committee of the National People's Congress on the Revision of the Trademark Law of the People's Republic of China, adopted at the Fourth Meeting of Standing Committee of the 12th National People's Congress on August 30, 2013, is hereby issued for implementation as of May 1, 2014.

Xi Jinping, President of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on the Revision of the Trademark Law of the People's Republic of China

(Adopted at the Fourth Meeting of the Standing Committee of the 12th National People's Congress on August 30, 2013)

The Fourth Meeting of the Standing Committee of the 12th National People's Congress has decided to revise the Trademark Law of the People's Republic of China as follows:

I. Combine Paragraphs 1 with 2 of Article 4 into one paragraph to read: "Any natural person, legal person, or other organizations that needs to acquire the exclusive right to use a trademark in the production and operation activities shall file an application for trademark registration with the Trademark Office."

II. Revise Article 6 to read: "With respect to goods requiring the use of a registered trademark according to the laws and administrative laws and regulations, an application for trademark registration shall be filed; the goods may not be sold on the market before the registration thereof is approved."

III. Add a paragraph to Article 7 as Paragraph 1 thereof which reads: "The application for registration and use of a trademark shall be based on the principle of good faith."

IV. Revise Article 8 to read "Article 8 Any sign that distinguishes the goods of a natural person, legal person, or other organizations from those of others, including any word, device, letter, number, three-dimensional sign, color combination, sound and combination thereof, may be registered as a trademark."

V. Revise Items 1-3, Paragraph 1 of Article 10 to read: "1. Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military songs, medals and others of the People's Republic of China; those identical with the names and signs of central state organs, names of the specific locations thereof, or those identical with the names or device of landmark buildings;
2. Those identical with or similar to the state names, national flags, national emblems or military flags of foreign countries, unless permitted by the government of the country;
3. Those identical with or similar to the names, flags, or emblems of international inter-governmental organizations, unless permitted by the organization concerned or unlikely to mislead the public;"
Revise Item 7, Paragraph 1 to read: "7. Those of fraud that may easily mislead the public in the characteristics such as the quality of goods, or place of production; and"

VI. Change "Merely" in Item 2, Paragraph 1 of Article 11 to "Only".
Revise Item 3, Paragraph 1 to read: "3. Marks that lack distinctive characteristics."

VII. Add a paragraph to Article 13 as Paragraph 1 thereof which reads: " Holders of trademarks known to the public may seek for protection of well-known trademarks in accordance with the provisions hereof, when they believe that their rights have been infringed."

VIII. Revise Article 14 to read: "Article 14 Well-known trademarks shall be, as requested by the party involved, determined as those facts that are required to be determined when handling trademark-related cases. The following factors shall be considered in determining a well-known trademark:
1. The popularity degree of the trademark in its trading areas;
2. The duration the trademark has been in use;
3. The duration, extent and geographical range of advertising and publicity of the trademark;
4. The records on the protection of the trademark as a well-known trademark; and
5. Other reasons for the reputation of the trademark.
During the process of registered trademark review or investigation of cases in violation of laws concerning trademarks by the administrative department for industry and commerce, where the parties involved claim their rights in accordance with the provisions of Article 13 hereof, the Trademark Office may, as required by such review or handling, determine whether the trademarks are well-known trademarks or not.
During the settlement of disputes in connection with trademarks, where the parties involved claim their rights in accordance with the provisions of Article 13 hereof, the Trademark Review and Adjudication Board may, as required by case handling, determine whether the trademarks are well-known trademarks or not.
During the process of hearing civil or administrative cases concerning trademarks, where the parties involved claim their rights in accordance with the provisions of Article 13 hereof, the people's court designated by the Supreme People's Court may, as required by case hearing, determine whether the trademarks are well-known trademarks or not.
Producers and operators shall neither use characters such as "Well-known Trademark" in the goods, on the packaging or vessels nor apply the same for advertising, exhibition or other commercial activities. "

IX. Add a paragraph to Article 15 as Paragraph 2 which reads: "Where a trademark that the applicant applies for registration with respect to the same or similar goods is the same as or similar to an unregistered trademark that has been used by others, and there is contractual, business or any other relation between the applicant and others in addition to previous provisions, such trademark shall not be registered when the others raise objections. "

X. Revise Article 18 to read: "Article 18 Matters concerning application for trademark registration or other issues in connection with trademarks may be handled independently, or a qualified trademark agency that has been established in accordance with laws may be entrusted.
The foreigner or foreign enterprise that needs to apply for the registration of a trademark or handle any other trademark matters in China shall authorize an organization qualified as a trademark agency. "

XI. Add an article as Article 19 which reads: "Article 19 The trademark agency shall apply for registered trademarks or handle any other trademark matters authorized by the clients based on the principle of integrity, honesty and credibility and in accordance with laws and administrative rules and regulations; and the trademark agency shall assume confidentiality obligations for trade secrets of the client obtained during the agency.
The trademark that the client applies for registration may not be registered in accordance with the Law, in which case the trademark agency shall explicitly notify the client.
The trademark agency knows or has already known that, where the client applies for a trademark that falls into Article 15 and Article 32 hereof, the trademark agency shall not accept the entrustment.
Except for the registration of trademarks on behalf of client, the trademark agency shall not apply for the registration of any other trademarks.
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