Trademark Law of the People's Republic of China (Amended in 2019)
Trademark Law of the People's Republic of China (Amended in 2019)
Trademark Law of the People's Republic of China (Amended in 2019)
Order of the President of the People's Republic of China No.29
April 23, 2019
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982; amended for the first time in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993; amended for the second time in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the third time in accordance with the Decisions on Revising 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; and amended for the fourth time in accordance with the Decision on Revising Eight Laws Including the Construction Law of the People's Republic of China adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Alteration, Assignment and Licensing of Registered Trademarks
Chapter V Nullification of Registered Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Right to Use a Registered Trademark
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Trademark Law of the People's Republic of China (hereinafter referred to as "the Law") is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, encouraging producers or operators to guarantee the quality of their goods or services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and operators and promoting the development of the socialist market economy.
Article 2 The administrative department for industry and commerce under the State Council has established a Trademark Office to take charge of matters concerning trademark registration and administration throughout the country.
The administrative department for industry and commerce under the State Council has established a Trademark Review and Adjudication Board to be responsible for handling of trademark disputes.
Article 3 "Registered trademark" refers to trademarks that have been approved by and registered with the Trademark Office, including goods marks, service marks, collective marks and certification marks. The registrant of a trademark enjoys the exclusive right to use the trademark, which shall be protected by law.
"Collective mark" in the Law refers to a mark registered in the name of a group, association, or any other organization and used in business activities by its members to indicate their membership.
"Certification mark" in the Law refers to a mark which is controlled by an organization that exercises supervision over particular goods or services and which is used to indicate that third-party goods or services meet certain standards pertaining to place of origin, raw materials, mode of manufacture, quality, or other specific characteristics.
Special matters pertaining to the registration and administration of collective marks and certification marks shall be specified by the administrative department for industry and commerce under the State Council.
(Relevant articles: Practical materials 1)
Article 4 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. The application for trademark registration that is malicious and not filed for the purpose of use shall be refused.
Provisions of the Law regarding goods marks apply to service marks.
(Relevant articles: Legal news 2 Articles 4 Legislation 2)
Article 5 Two or more natural persons, legal persons, or other organizations may jointly file an application for the registration of the same trademark with the Trademark Office, jointly enjoying and exercising the exclusive right to use the trademark.
Article 6 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.
Article 7 The application for registration and use of a trademark shall be based on the principle of good faith.
Users of a trademark shall be liable for the quality of the goods on which the trademark is used. The administrative department for industry and commerce at all levels shall, through the administration of trademarks, prohibit any practice that defrauds the consumers.
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.
Article 9 The trademark applied for registration shall have distinctive characteristics for identification, and shall not conflict with the prior legitimate rights of others.
The registrant of a trademark has the right to indicate the wording 'Registered Trademark' or a sign indicating that it is registered.
Article 10 The following signs shall not be used as trademarks:
1. Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, 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;
4. Those identical with or similar to an official sign or inspection seal that indicates control and guarantee, unless it is authorized;
5. Those identical with or similar to the names or signs of the Red Cross or the Red Crescent;
6. Those of discrimination against any race;
7. Those of fraud that may easily mislead the public in the characteristics such as the quality of goods, or place of production; and
8. Those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names of administrative divisions at or above the county level and foreign geographical names well-known to the public shall not be used as trademarks, except for geographical names that contain other meanings or constitute parts of a collective mark or certification mark. Where a trademark bearing any of the above-mentioned geographical names has been registered, it shall continue to be valid.
(Relevant articles: Legislation 2)
Article 11 The following signs shall not be registered as trademarks:
1. Those that only bear the generic names, designs, or model numbers of the goods;
2. Those that simply indicate the quality, main raw materials, function, use, weight, quantity or other features of the goods; or
3. Those that lack distinctive characteristics.
The signs referred to in the preceding paragraph may be registered as a trademark where they have acquired distinctiveness through use and are readily distinguishable.
Article 12 Where a three-dimensional sign is applied for registration as a trademark, application shall be rejected if the three-dimensional sign merely indicates the shape inherent in the nature of the goods concerned or if the three-dimensional sign is only dictated by the need to achieve technical effects or the need to give the goods substantive value.
Article 13 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.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has not been registered in China in respect of identical or similar goods, which is likely to lead to confusion, such mark shall not be registered and shall be prohibited from being used.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has been registered in China in respect of different or other types of goods, which may mislead the public and damage the interests of the registrant of the well-known trademark, such mark shall not be registered and shall be prohibited from being used.
(Relevant articles: Legislation 2 Legal news 1)
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.
(Relevant articles: Legal news 1 Legislation 1)
Article 15 In the event that an agent or a representative seeks to register the client's trademark in its own name without the authorization of the client and faces objection from the client, such trademark shall not be registered and be prohibited from being used.
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.
(Relevant articles: Legislation 2)
Article 16 In the event that a trademark containing a geographical indication of goods misleads the public for the goods does not come from the location as stated in the indication, such trademark shall not be registered and shall be prohibited from being used.
......
Order of the President of the People's Republic of China No.29
April 23, 2019
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982; amended for the first time in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993; amended for the second time in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 24th Meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the third time in accordance with the Decisions on Revising 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; and amended for the fourth time in accordance with the Decision on Revising Eight Laws Including the Construction Law of the People's Republic of China adopted at the Tenth Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019)
Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Alteration, Assignment and Licensing of Registered Trademarks
Chapter V Nullification of Registered Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Right to Use a Registered Trademark
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Trademark Law of the People's Republic of China (hereinafter referred to as "the Law") is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, encouraging producers or operators to guarantee the quality of their goods or services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and operators and promoting the development of the socialist market economy.
Article 2 The administrative department for industry and commerce under the State Council has established a Trademark Office to take charge of matters concerning trademark registration and administration throughout the country.
The administrative department for industry and commerce under the State Council has established a Trademark Review and Adjudication Board to be responsible for handling of trademark disputes.
Article 3 "Registered trademark" refers to trademarks that have been approved by and registered with the Trademark Office, including goods marks, service marks, collective marks and certification marks. The registrant of a trademark enjoys the exclusive right to use the trademark, which shall be protected by law.
"Collective mark" in the Law refers to a mark registered in the name of a group, association, or any other organization and used in business activities by its members to indicate their membership.
"Certification mark" in the Law refers to a mark which is controlled by an organization that exercises supervision over particular goods or services and which is used to indicate that third-party goods or services meet certain standards pertaining to place of origin, raw materials, mode of manufacture, quality, or other specific characteristics.
Special matters pertaining to the registration and administration of collective marks and certification marks shall be specified by the administrative department for industry and commerce under the State Council.
(Relevant articles: Practical materials 1)
Article 4 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. The application for trademark registration that is malicious and not filed for the purpose of use shall be refused.
Provisions of the Law regarding goods marks apply to service marks.
(Relevant articles: Legal news 2 Articles 4 Legislation 2)
Article 5 Two or more natural persons, legal persons, or other organizations may jointly file an application for the registration of the same trademark with the Trademark Office, jointly enjoying and exercising the exclusive right to use the trademark.
Article 6 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.
Article 7 The application for registration and use of a trademark shall be based on the principle of good faith.
Users of a trademark shall be liable for the quality of the goods on which the trademark is used. The administrative department for industry and commerce at all levels shall, through the administration of trademarks, prohibit any practice that defrauds the consumers.
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.
Article 9 The trademark applied for registration shall have distinctive characteristics for identification, and shall not conflict with the prior legitimate rights of others.
The registrant of a trademark has the right to indicate the wording 'Registered Trademark' or a sign indicating that it is registered.
Article 10 The following signs shall not be used as trademarks:
1. Those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, 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;
4. Those identical with or similar to an official sign or inspection seal that indicates control and guarantee, unless it is authorized;
5. Those identical with or similar to the names or signs of the Red Cross or the Red Crescent;
6. Those of discrimination against any race;
7. Those of fraud that may easily mislead the public in the characteristics such as the quality of goods, or place of production; and
8. Those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical names of administrative divisions at or above the county level and foreign geographical names well-known to the public shall not be used as trademarks, except for geographical names that contain other meanings or constitute parts of a collective mark or certification mark. Where a trademark bearing any of the above-mentioned geographical names has been registered, it shall continue to be valid.
(Relevant articles: Legislation 2)
Article 11 The following signs shall not be registered as trademarks:
1. Those that only bear the generic names, designs, or model numbers of the goods;
2. Those that simply indicate the quality, main raw materials, function, use, weight, quantity or other features of the goods; or
3. Those that lack distinctive characteristics.
The signs referred to in the preceding paragraph may be registered as a trademark where they have acquired distinctiveness through use and are readily distinguishable.
Article 12 Where a three-dimensional sign is applied for registration as a trademark, application shall be rejected if the three-dimensional sign merely indicates the shape inherent in the nature of the goods concerned or if the three-dimensional sign is only dictated by the need to achieve technical effects or the need to give the goods substantive value.
Article 13 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.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has not been registered in China in respect of identical or similar goods, which is likely to lead to confusion, such mark shall not be registered and shall be prohibited from being used.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has been registered in China in respect of different or other types of goods, which may mislead the public and damage the interests of the registrant of the well-known trademark, such mark shall not be registered and shall be prohibited from being used.
(Relevant articles: Legislation 2 Legal news 1)
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.
(Relevant articles: Legal news 1 Legislation 1)
Article 15 In the event that an agent or a representative seeks to register the client's trademark in its own name without the authorization of the client and faces objection from the client, such trademark shall not be registered and be prohibited from being used.
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.
(Relevant articles: Legislation 2)
Article 16 In the event that a trademark containing a geographical indication of goods misleads the public for the goods does not come from the location as stated in the indication, such trademark shall not be registered and shall be prohibited from being used.
......