Trademark Law of the People's Republic of China
Trademark Law of the People's Republic of China
Trademark Law of the People's Republic of China
Order of Standing Committee of The National People's Congress No.10
August 23, 1982
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, and of encouraging producers to guarantee the quality of their goods and maintain the reputation of their trademarks, with a view to protecting consumers' interests and to promoting the development of socialist commodity economy.
Article 2 The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.
Article 3 A registered trademark means a trademark that has been approved and registered by the Trademark Office. The trademark registrant shall enjoy an exclusive right to use the trademark, which shall be protected by law.
Article 4 Any enterprise, institution, or individual industrialists and businessmen, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the goods trademark with the Trademark Office.
Article 5 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be sold on the market.
Article 6 Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, exercise supervision over the quality of the goods and shall stop any practice that deceives consumers.
Article 7 Any word, device or their combination that is used as a trademark shall be so distinctive as to be distinguishable. Where a registered trademark is used, it shall carry the indication of "Registered Trademark" or a sign indicating that it is registered.
Article 8 In trademarks, the following words or devices shall not be used:
1. those identical with or similar to the State name, national flag, national emblem, military flag, or medals, of the People's Republic of China;
2. those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;
3. those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
4. those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
5. those relating to generic names or designs of the goods in respect of which the trademark is used;
6. those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
7. those having the nature of discrimination against any nationality;
8. those having the nature of exaggeration and fraud in advertising goods; and
9. those detrimental to socialist morals or customs, or having other unhealthy influences.
Article 9 Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.
Article 10 Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as designated by the State to act as his or its agent.
Chapter II Application for Trademark Registration
Article 11 An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.
Article 12 Where any applicant intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.
Article 13 Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.
Article 14 Where any word or device of a registered trademark is to be altered, a new registration shall be applied for.
Article 15 Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.
Chapter III Examination for and Approval of Trademark Registration
Article 16 Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.
Article 17 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
Article 18 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed.
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