Revised Draft of the Trademark Law of the People's Republic of China (Draft for Comments). Comparison table with current law

Current regulations

Revised at the 10th meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019, and the revised terms will come into effect on November 1, 2019

Revised draft

Draft for comments

General provisions

Chapter I General Provisions

Article 1 [Purpose of legislation] This Law 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, producers and operators, and promote the development of the socialist market economy.

Article 1 [Purpose of legislation] This Law is formulated in order to protect the legitimate rights and interests of trademark owners, safeguard the rights and interests of consumers and social public interests, safeguard the interests of producers and operators, urge them to ensure the quality of goods and services, maintain the reputation of trademarks, strengthen the management, use and brand building of trademarks, and promote the high-quality development of the socialist market economy.

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Article 2 [Leading position of the Party] The leadership of the CPC shall be adhered in trademark protection work.

The state supports the construction of intellectual property protection, encourage the comprehensively management in improving the level of creation, application, protection, management and service of intellectual property, pay full attention to improve the important role of the trademark system by optimize the business environment, and promotes the transformation of Chinese products into Chinese brands.

Article 2 [Competent Authority] The Trademark Office of the administrative department for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.

The administrative department for industry and commerce under the State Council has established a Trademark Review and Adjudication Board to handle trademark disputes.

Article 3 [Competent department] The Intellectual property administrative department of the State Council is responsible for the registration, management and brand work of trademarks throughout the country, and is responsible for handling trademark disputes.

The intellectual property management departments at or above the county level shall be responsible for the trademark management in their respective regions.

Article 8 [Elements of trademark] Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements, can be applied for registration as a trademark.

Article 4.2Law concerning commodity trademarks shall apply to service trademarks.

Article 4 [Trademark] The term "trademark", including a commodity trademark and a service trademark, it refers to a mark that can be used to identify and distinguish the origin of goods or services, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds or other elements, as well as combinations of the above elements, which can be applied for registration as a trademark according to law.

Unless otherwise provided, the provisions of this Law relating to commodity trademarks shall apply to service trademarks.

Article 4.1 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in its production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected.

Article 5 [Application for trademark registration] Where a natural person, legal person or non-legal person organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business operations, it shall apply to the intellectual property administrative department under the State Council for trademark registration.

A trademark approved and registered by the intellectual property administrative department of the State Council is a registered trademark. The trademark registrant has the exclusive right to use the trademark and is protected by law.

Article 3.1 The trademarks approved and registered by the Trademark Office in the first paragraph of Article 3 are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant has the exclusive right to use the trademark and is protected by law.

Article 3.2 to Article 3.4 The collective trademark mentioned in the second to fourth paragraphs of thisArticle refers to a sign 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.

For the purposes of this Law, a certification trademark refers to a mark controlled by an organization with the ability to supervise certain goods or services and used by a unit or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific quality of the goods or services.

Special matters concerning the registration and administration of collective trademarks and certification trademarks shall be prescribed by the administrative department for industry and commerce under the State Council.

Article 6 [Collective trademark and certification trademark] A collective trademark refers to a sign registered in the name of a trade association or other social organization or unincorporated organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

A certification trademark refers to a mark controlled by an organization with the ability to supervise certain goods or services and used by a unit or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific quality of the goods or services.

Geographical indications can be applied for registration as certification trademarks or collective trademarks.

Article 5 [Joint application] 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 7 [Joint application] Two or more natural persons, legal persons or organizations without legal personality may jointly apply to the intellectual property administrative department under the State Council for the registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

Article 6 [Compulsory registration] The goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.

Article 8 (No change in content)

Article 7 [Principle of good faith] The application for registration and use of trademarks shall follow the principle of good faith.

The trademark user shall be responsible for the quality of the goods for which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark administration, stop acts of cheating consumers.

Article 9 [Principle of good faith and prohibition of abuse of rights] The application for registration of trademarks and the exercise of trademark rights shall follow the principle of good faith.

The trademark owner shall not abuse the trademark right to damage the national interests, social and public interests or the legitimate rights and interests of others.

The trademark user shall be responsible for the quality of the goods or services in which the trademark is used. The intellectual property management departments at all levels shall, through trademark management, stop the acts of cheating consumers.

Article 13.1 The holder of a trademark that is well-known to the relevant public in the first paragraph may request the protection of a well-known trademark in accordance with the provisions of this Law when he considers that his rights have been infringed.

Article 10 [Well-known trademark and its protection principles] A trademark that is well known to the relevant public, and the holder may request the protection of a well-known trademark in accordance with the provisions of this Law when he believes that his rights have been infringed.

The protection of well-known trademarks follows the principles of case by case, passive protection and on-demand confirmation.

The scope and intensity of protection of well-known trademarks should be compatible with their distinctive characteristics and popularity.

The well-known trademark shall be confirmed according to the request of the parties as the facts that need to be recognized in handling trademark cases. The following factors shall be taken into consideration when confirming the well-known trademark:

（1） The level of awareness of the trademark by the relevant public;

（2） The duration, manner and geographical scope of the use of the trademark;

（3） The duration, extent and geographical scope of any publicity of the trademark;

（4） The application and registration of the trademark at home and abroad;

（5） The protected record of the trademark, especially the record protected as a well-known trademark;

（6） The value of the trademark;

（7） Other factors that make the trademark famous.

Article 14.1 A well-known trademark in the first paragraph of Article 14 shall be identified as a fact that needs to be identified when dealing with trademark cases at the request of the parties concerned. The following factors shall be taken into consideration when identifying a well-known trademark:

（1） The level of awareness of the trademark by the relevant public;

（2） The duration of the use of the trademark;

（3） The duration, extent and geographical scope of any publicity of the trademark;

（4） The record that the trademark is protected as a well-known trademark;

（5） Other factors that make the trademark famous.

Article 17 [Principle of reciprocity] Where a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and the People's Republic of China or the international treaty to which it is a party, or in accordance with the principle of reciprocity.

Article 11 (No change in content)

Article 18 [Entrusted agency] An application for trademark registration or other trademark matters may be handled by itself or by a legally established trademark agency.

Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a trademark agency established according to law to handle the matter.

Article 12 [Entrusted agency] An application for trademark registration or other trademark matters may be handled by itself or by a legally established trademark agency.

Where a foreign natural person, legal person or unincorporated organization that has no habitual residence or business office in China applies for trademark registration and handles other trademark matters in China, it shall entrust a trademark agency established in accordance with the law to handle the matter.

Article 21 [International registration] 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 formulated by the State Council.

Article 13 (No change in content)

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Chapter II Conditions for Trademark Registration

Article 9.1 The trademark applied for registration in the first paragraph of Article 9 shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously acquired by others.

Article 14 [Conditions for registration] The trademark applied for registration shall have distinctive features, be easy to identify, and shall not violate public order and good customs, and shall not conflict with the legal rights or interests previously acquired by others.

Unless otherwise specified, the same applicant shall register only one identical trademark for the same goods or services.

Article 10 [Prohibited Marks] The following marks shall not be used as trademarks:

（1） Those that are the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medal, etc. of the People's Republic of China, and those that are the same as the names, signs, names of specific places where the central state organs are located, or the names and graphics of landmark buildings;

（2） It is the same as or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;

（3） It is the same as or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except that it is not easy to mislead the public with the consent of the organization;

（4） It is the same or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except the authorized one;

（5） The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;

（6） Those with ethnic discrimination;

（7） It is deceptive and easy to make the public misunderstand the quality and other characteristics of the goods or the origin;

（8） It is harmful to socialist morals and customs or has other adverse effects.

The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, the place name has other meanings or is part of a collective trademark or certification trademark; Registered trademarks that use place names continue to be valid.

Article 15 [Prohibited Marks] The following marks shall not be used as trademarks:

（1） Those that are the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medal, etc. of the People's Republic of China, and those that are the same as the names, signs, names of specific places where the central state organs are located, or the names and graphics of landmark buildings;

（2） It is the same as or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;

（3） It is the same as or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except that it is not easy to mislead the public with the consent of the organization;

（4） It is the same or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except the authorized one;

（5） Those that are the same or similar to the names and signs of important traditional cultural symbols, except those authorized;

（6） The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;

（7） Those with ethnic discrimination;

（8） It is deceptive and easy to make the public misunderstand the quality and other characteristics of the goods or the origin;

（9） Those that are contrary to the core socialist values, harmful to the socialist ethics, the excellent traditional Chinese culture, or have other adverse effects.

The names of administrative divisions at or above the county level or of domestic and foreign geographical names known to the public shall not be used as trademarks. However, the place name has other meanings or is part of a collective trademark or certification trademark; Registered trademarks that use place names continue to be valid.

Article 11 [Notable features] The following marks shall not be registered as trademarks:

（1） Only the general name, figure and model of the product;

（2） It only directly represents the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;

（3） Others lack significant characteristics.

The marks listed in the preceding paragraph may be registered as trademarks if they have obtained distinctive features through use and are easy to identify.

Article 16 [Notable features] The following marks shall not be registered as trademarks:

（1） Only the general name, figure, model and technical term of the product;

（2） It only directly represents the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity;

（3） Others lack significant characteristics.

The marks listed in the second and third items of the preceding paragraph that have been used to obtain distinctive features and are easy to identify may be registered as trademarks.

Article 12 [Non-functionality of three-dimensional signs] When applying for the registration of a trademark with three-dimensional signs, the shape of the goods produced only by the nature of the goods itself, the shape of the goods necessary to obtain technical effects, or the shape of the goods that make the goods have substantive value, shall not be registered.

Article 17 (No change in content)

Article 13.1 to 13.2 The trademark applied for registration in the second and third paragraphs of Article 13 for the same or similar goods is a well-known trademark that is copied, imitated or translated by others and is not registered in China. If it is easy to cause confusion, it shall not be registered and its use shall be prohibited.

Where a trademark applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, which is copied, imitated or translated, and misleads the public, causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 18 [Protection of well-known trademarks] A trademark used or applied for registration on the same or similar goods is a well-known trademark that is copied, imitated or translated by others and is not registered in China. If it is easy to cause confusion, it is prohibited to use and refused to be registered

If a trademark used or applied for registration on dissimilar goods is a copy, imitation or translation of another's well-known trademark, which misleads the public and may harm the interests of the holder of the well-known trademark, the use of the trademark is prohibited and the registration is not allowed.

If the trademark used or applied for registration is copied, imitated or translated from a well-known trademark to the general public, which is enough to make the relevant public think that the trademark has a certain degree of connection with the well-known trademark, and weaken the prominent features of the well-known trademark, thus, the use of the trademark is prohibited and the registration is not allowed if using it will derogate the prior trademark market reputation, or improperly use the market reputation of the well-known trademark,

Article 15 [Agents, representatives and interested parties rush to register] Without authorization, the agents or representatives register the trademark of the principal or the representative in their own name. If the principal or the representative raises an objection, the trademark will not be registered and its use is prohibited.

The trademark applied for registration of the same or similar goods is the same or similar to the unregistered trademark previously used by another person. If the applicant has a contract, business relationship or other relationship with the other person other than the one specified in the preceding paragraph and knows that the other person's trademark exists, and the other person raises an objection, the registration shall not be granted.

Article 19 (No change in content)

Article 16 [Protection of geographical indications] Where a trademark contains a geographical indication of a commodity that does not originate in the area indicated by the trademark and misleads the public, the trademark shall not be registered and its use shall be prohibited; However, the registration obtained in good faith continues to be valid.

The geographical indication mentioned in the preceding paragraph refers to the indication 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 or cultural factors of the region.

Article 20 (No change in content)

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Article 21 [Prohibition of repeated registration] The trademark applied for registration shall not be the same as the previous trademark that the applicant has applied or registered on the same commodity, or has been cancelled, or declared invalid within one year before the application date. Except in the following circumstances or where the applicant agrees to cancel the original registered trademark:

（1） For the needs of production and operation, the applicant can explain the difference by making minor improvements on the basis of the actually used prior trademark;

（2） Failure to renew the previous trademark due to reasons not attributable to the applicant;

（3） The earlier registered trademark has been cancelled due to the failure to submit the trademark use instructions in time, but the earlier trademark has been actually used;

（4） Due to reasons not attributable to the applicant, the previous trademark was revoked because it failed to provide evidence of use in the non-use revocation procedure for three consecutive years, but the previous trademark should be actually used;

（5） The prior trademark is invalid due to conflict with the prior rights or prior interests of others, and the prior rights or prior interests no longer exist;

（6） There are other legitimate reasons for repeating or reapplying for trademark registration.

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Article 22 [Application for malicious trademark registration] The applicant shall not apply for trademark registration in bad faith, including:

（1） A large number of applications for trademark registration are not for the purpose of use, which disturbs the order of trademark registration;

（2） Applying for trademark registration by bad faith or other improper means;

（3） An application for registration of a trademark that is detrimental to the interests of the State, the social and public interests or has other major adverse effects;

（4） Violating the provisions of Articles 18, 19 and 23 of this Law, deliberately damaging the lawful rights or interests of others, or seeking illegitimate benefits;

（5） Any other malicious application for trademark registration.

Article 32 [Protection of prior rights] An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by improper means.

Article 23 [Protection of prior rights] An application for trademark registration shall not prejudice the existing prior rights or interests of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by improper means.

The enterprise name (including abbreviation, shop name, group name, etc.) and social organization name that have been registered and used by others and have certain influence belong to the existing prior rights or interests of others mentioned in the preceding paragraph.

Article 30 [Prior to registration] Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical or similar to the trademark already 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 24 [Prior to registration] The trademark applied for registration shall not be the same or similar to the trademark registered or preliminarily approved by others on the same or similar goods.

Article 31 [Prior to application] If two or more applicants for trademark registration apply for the registration of the same or similar trademarks on the same or similar goods, the trademark that has been applied for first shall be preliminarily approved and announced; If an application is filed on the same day, the trademark that has been used first shall be preliminarily approved and announced, and the application of others shall be rejected and no announcement shall be made.

Article 25 [Prior to application] Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, the trademark that has been applied for first shall be preliminarily approved and announced; If it is not possible to distinguish the time sequence of the application on the same day, the trademark that has been used first shall be preliminarily approved and announced, and the application of others shall be rejected, and no announcement shall be made.

Article 19.4 A trademark agency shall not apply for the registration of other trademarks except for the trademark registration of its agency services.

Article 26 [Agency's application for trademark restriction] A trademark agency shall not apply for the registration of other trademarks in addition to applying for trademark registration for its agency services, nor shall it engage in the above-mentioned acts in disguised form in other ways.

Chapter III Application for Trademark Registration

Chapter III Application for Trademark Registration

Article 22 [Requirements for application] The trademark registration applicant shall fill in the commodity category and commodity name of the trademark in accordance with the prescribed commodity classification form, and file an application for registration.

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

The application for trademark registration and other relevant documents may be filed in writing or by data message.

Article 27 [Requirements for application] The trademark registration applicant shall fill in the commodity category and commodity name of the trademark in accordance with the prescribed commodity classification form, and file an application for registration.

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

If no fee has been paid for the trademark registration application, the trademark registration application shall be deemed not to have been submitted.

The application for trademark registration and other relevant documents shall be submitted in writing or data message.

The intellectual property administrative department of the State Council shall accept and notify the applicant if the application procedures for trademark registration are complete and the application documents are filled in according to regulations; If the intellectual property administrative department of the State Council finds that the trademark applied for registration has obviously significant adverse effects, it shall not be accepted.

Article 23 [separate application] 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 28 (No change in content)

Article 24 [Re application] Where a registered trademark needs to change its logo, a new application for registration shall be filed.

Article 29 (No change in content)

Article 25 [Priority] If an applicant for trademark registration files an application for trademark registration in China for the same goods with the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

Where the right of priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing the trademark registration application, and a copy of the trademark registration application document filed for the first time shall be submitted within three months; If no written statement is made or a copy of the trademark registration application document is not submitted within the time limit, it shall be deemed that the right of priority has not been claimed.

Article 30 (No change in content)

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

Where priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time of filing an application for trademark registration, and documentary evidence such as the exhibition name of the goods on display, the evidence of the use of the trademark on the goods on display, and the date of exhibition shall be submitted within three months; If no written statement is made or the supporting documents are not submitted within the time limit, it shall be deemed that priority has not been claimed.

Article 31 (No change in content)

Article 27 [Material requirements] The items declared and materials provided for the application for trademark registration shall be true, accurate and complete.

Article 32 [Material requirements] The matters declared and materials provided for the application for trademark registration or other trademark matters shall be true, accurate and complete.

A party who, in violation of the provisions of the preceding paragraph, fabricates, conceals important facts or intentionally submits false materials shall bear adverse consequences in the corresponding proceedings; The department responsible for trademark law enforcement may, according to the circumstances, give a warning and impose a fine of not more than 100,000 yuan; If it cause losses to others, compensation shall be made.

Chapter IV Examination and Approval of Trademark Registration

Chapter IV Examination and Approval of Trademark Registration

Article 28 [Time limit for examination] The Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the application documents for trademark registration. If it conforms to the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.

Article 33 [Time limit for examination] The intellectual property administrative department under the State Council shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the application documents for trademark registration. If it conforms to the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.

Article 29 [Examination Opinions] During the examination, if the Trademark Office considers that the contents of the trademark registration application need to be explained or amended, it may request the applicant to make explanations or amendments. If the applicant fails to make explanations or amendments, the Trademark Office shall not be affected the applicant to make an examination decision.

Article 34 [Examination Opinion] In the course of examination, if the intellectual property administrative department under the State Council considers that the contents of the trademark registration application need to be explained or amended, it may send an examination opinion to request the applicant to make explanations or amendments. the intellectual property administrative department under the State Council shall not be affected to make an examination decision if the applicant fails to make explanations or amendments,

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Article 35 [Reject the application] Where the trademark applied for registration does not comply with the relevant provisions of this Law or the application for trademark registration that has been accepted does not meet the acceptance conditions after examination, the intellectual property administrative department under the State Council shall reject the application and not publish it.

Article 33 [Trademark Objection] Within three months from the date of publication of a trademark that has been preliminarily approved for publication, the previous obligee or interested party believes that it violates the provisions of Article 13, paragraph 2 and paragraph 3, Article 15, paragraph 1, Article 16, Article 30, Article 31, and Article 32 of this Law, or anyone believes that it violates Article 4, Article 10, Article 11, and Article 12 of this Law Article 19, paragraph 4, may raise an objection to the Trademark Office. If there is no objection 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 36 [Trademark Objection] Within two months from the date of publication of a trademark that has been preliminarily approved for publication, the previous obligee or interested party believes that it violates the provisions of Article 18, Article 19, Article 20, paragraph 1, Article 23, Article 24, and Article 25 of this Law, or anyone believes that it violates Article 15, Article 16, Article 17, Article 21, Article 22, paragraphs 1 and 2 of this Law Article 26 may raise an objection to the intellectual property administrative department under the State Council. If there is no objection 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.

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Article 37 [Cancellation of the preliminary approval announcement] Before the approval and registration of a trademark, if the intellectual property administrative department under the State Council finds that the trademark registration application that has been preliminarily approved and announced violates the provisions of Article 15 of this Law, it may revoke the announcement and re-examine it.

Article 34 [Rejection and Reexamination] The Trademark Office shall notify the trademark registration applicant in writing of the trademark that has rejected the application and has not been announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination 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 receiving the application and notify the applicant in writing. If it is necessary to extend the period under special circumstances, 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 not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice.

Article 38 [Rejection and Reexamination] The intellectual property administrative department under the State Council shall notify the trademark registration applicant in writing of the trademark that has been rejected or not announced. If the applicant for trademark registration is not satisfied, he may apply to the intellectual property administrative department of the State Council for reexamination within 15 days from the date of receipt of the notice. The intellectual property administrative department under the State Council shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. If it is necessary to extend the period under special circumstances, it may be extended for three months upon approval. If a party is not satisfied with the reexamination decision to reject the application, it may bring a suit in a people's court within 30 days from the date of receiving the notice.

Article 35 [Examination of Objections] If an objection is raised to a trademark that has been preliminarily approved for publication, the Trademark Office shall hear the facts and reasons stated by the objector and the objected. After investigation and verification, the Trademark Office shall make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council.

If the Trademark Office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the opponent is not satisfied, 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 respondent is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a review decision within 12 months from the date of receiving the application, and notify the objector and the objected in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council. If the respondent is not satisfied with the decision of the Trademark Review and Adjudication Board, he may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

The Trademark Review and Adjudication Board may suspend the review if the determination of the prior rights involved in the process of review in accordance with the provisions of the preceding paragraph must be based on the results of another case being tried by the people's court or handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.

Article 39 [Examination of Objections] Where an objection is raised to a trademark that has been preliminarily approved for publication, the intellectual property administrative department of the State Council shall hear the facts and reasons stated by the objector and the objected, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the publication, and notify the objector and the objected in writing. If it is necessary to extend the period under special circumstances, it may be extended for six months upon approval.

If the intellectual property administrative department under the State Council makes a decision to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the opponent is not satisfied, he may request the intellectual property administrative department under the State Council to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the intellectual property administrative department of the State Council makes a decision not to register, and the objected party is not satisfied with it, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to participate in the proceedings as a third party.

Article 36 [Effect of decision] If the party concerned does not apply for review of the decision of rejection of the application made by the Trademark Office or the decision of non-registration made by the Trademark Review and Adjudication Board or does not bring a lawsuit to the people's court at the expiration of the legal period, the decision of rejection of the application, the decision of non-registration or the decision of re-examination shall take effect.

For a trademark that has been approved for registration because the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the expiration of three months from the date of the preliminary approval announcement. From the date of the expiration of the trademark announcement to the date of the decision to approve the registration, there shall be no retroactive effect on the use of the same or similar marks with the trademark by others on the same or similar goods; However, compensation shall be made for the losses caused to the trademark registrant due to the malicious intent of the user.

Article 40 [Effect of decision] If the party concerned does not apply for reexamination of the decision of rejecting the application made by the intellectual property administrative department of the State Council, or does not bring a lawsuit to the people's court for the decision of rejecting the registration or the decision of rejecting the reexamination, the decision of rejecting the application, the decision of rejecting the registration or the decision of rejecting the reexamination shall take effect.

For a trademark that has been approved for registration because the objection is not established after examination, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be calculated from the expiration of two months from the date of the preliminary approval announcement. From the date of the expiration of the trademark announcement to the date of the approval of the registration decision, there shall be no retroactive effect on the use of the same or similar marks with the trademark by others on the same or similar goods; However, compensation shall be made for the losses caused to the trademark registrant due to the malicious intent of the user.

Article 37 [Timely review] The trademark registration application and trademark review application shall be reviewed in a timely manner.

Article 41 [Timely review and withdrawal of application] The intellectual property administrative department under the State Council shall promptly review and handle the trademark registration application, trademark review application or other trademark matters applied for by the parties concerned.

The parties concerned may apply for withdrawal of the matters specified in the preceding paragraph. If the intellectual property administrative department under the State Council considers that it can be withdrawn after examination, the procedure shall be terminated.

Article 35.3 The Trademark Review and Adjudication Board, in the process of reviewing in accordance with the provisions of the preceding paragraph, may suspend the review if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.

Article 42 [Suspension of procedure] The intellectual property administrative department of the State Council may suspend the examination and adjudication of trademarks if the determination of the prior rights involved in the examination and adjudication of trademarks must be based on the results of another case being tried by the people's court or handled by the administrative organ. After the reasons for suspension are eliminated, the review and hearing procedures shall be resumed in a timely manner.

The people's court hearing the decision of rejection of review, the decision of rejection of registration or the ruling of invalidation made by the intellectual property administrative department of the State Council in accordance with Articles 24 and 25 of this Law shall be subject to the state of fact at the time of the decision or ruling being sued. Any change in the state of the relevant trademark after the sued decision or ruling is made shall not affect the hearing of the sued decision or ruling by the people's court, except for the obvious violation of the principle of fairness.

Article 38 [Correction of obvious errors] An applicant or registrant for trademark registration may apply for correction if it finds obvious errors in the trademark application documents or registration documents. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.

Article 43 [Correction of obvious errors] An applicant or registrant for trademark registration may apply for correction if it finds obvious errors in the trademark application documents or registration documents. The intellectual property administrative department of the State Council shall make corrections within the scope of its functions and powers and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive content of the trademark application documents or registration documents.

Chapter V Invalidation of Registered Trademarks

Chapter V Invalidation and Cancellation of Registered Trademarks

Article 44 [Declaration of Invalidation for Absolute Reasons] Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, Article 19, paragraph 4 of this Law, or is registered by fraudulent means or other improper 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.

The Trademark Office shall notify the parties in writing of its decision to declare a registered trademark invalid. If the party concerned is not satisfied with the decision of the Trademark Office, 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 receiving the application and notify the parties in writing. If it is necessary to extend the period under special circumstances, 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 not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice.

Where any other entity or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If it is necessary to extend the period under special circumstances, 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 not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.

Article 44 [Invalidation for absolute reasons] Where a registered trademark violates the provisions of Article 15, Article 16, Article 17, Article 21, Article 22.1, Article 22.1, , and Article 26 of this Law, the intellectual property administrative department under the State Council shall declare the registered trademark invalid.

The intellectual property administrative department under the State Council shall notify the parties in writing of the decision to declare the registered trademark invalid. If the parties are not satisfied, they may apply for review within 15 days from the date of receipt of the notice. The intellectual property administrative department under the State Council shall make a decision within nine months from the date of receiving the application for review and notify the parties in writing. If it is necessary to extend the period under special circumstances, it may be extended for three months upon approval. If a party is not satisfied with the review decision, it may bring a suit in a people's court within 30 days from the date of receiving the notice.

Under the circumstances listed in the first paragraph of this Article, other natural persons, legal persons or organizations without legal personality may request the intellectual property administrative department under the State Council to declare the registered trademark invalid. After receiving the application, the intellectual property administrative department under the State Council shall notify the parties concerned in writing and submit a reply within a time limit. The intellectual property administrative department under the State Council shall, within nine months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If it is necessary to extend the period under special circumstances, it may be extended for three months upon approval. If the party concerned is not satisfied with the ruling of the intellectual property administrative department under the State Council, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.

Article 45 If a registered trademark violates the provisions of the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31 and Article 32 of this Law, within five years from the date of registration of the trademark, the previous owner 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 receiving the application for declaring a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the administrative department for industry and commerce under the State Council. If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.

Article 45 If a registered trademark violates the provisions of Article 18, Article 19, Article 20.1, Article 23, Article 24 and Article 25 of this Law, the prior obligee or interested party may request the intellectual property administrative department of the State Council to declare the registered trademark invalid within five years from the date of trademark registration. In case of violating the provisions of Articles 18 and 19 of this Law, or in violation of the provisions of Article 23 of this Law to preempt the registration of a trademark that has been used by others and has a certain impact, the prior obligee may request that the registered trademark be transferred to his own name. For malicious registration, the owner of a well-known trademark is not subject to the five-year time limit.

After receiving an application for declaring a registered trademark invalid or transferring a registered trademark, the intellectual property administrative department under the State Council shall notify the parties concerned in writing and file a reply within a time limit. The intellectual property administrative department under the State Council shall, within 12 months from the date of receiving the application, make a ruling to maintain the registered trademark, transfer the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If it is necessary to extend the period under special circumstances, it may be extended for six months upon approval. If the party concerned is not satisfied with the ruling of the intellectual property administrative department under the State Council, it may bring a suit in the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.

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Article 46 [Treatment of trademark transfer] The intellectual property administrative department of the State Council shall make a ruling on the transfer of the registered trademark if it considers that the reason for requesting the transfer of the registered trademark is tenable, there is no other reason for declaring the registered trademark invalid, and the transfer is not easy to cause confusion or other adverse effects; If it believes that there are other reasons that should be declared invalid, or although the reason for requesting the transfer of a registered trademark is established, but the transfer of a trademark is likely to cause confusion or other adverse effects, it shall make a ruling declaring the registered trademark invalid.

After the ruling on the transfer of a registered trademark is made and before it takes effect, the trademark registrant shall not dispose of the trademark, except for the disposal made to maintain the validity of the registered trademark.

Article 46 [Effectiveness of invalidation decision and ruling] If the party concerned does not apply for reexamination of the decision of the Trademark Office to declare the registered trademark invalid or does not bring a lawsuit to the People's Court against the reexamination decision of the Trademark Review and Adjudication Board, the decision of the Trademark Office or the reexamination decision and ruling of the Trademark Review and Adjudication Board to declare the registered trademark invalid after the expiration of the legal period.

Article 47 [Effectiveness of invalidation decision and ruling] If the party concerned does not apply for reexamination of the decision of the intellectual property administrative department of the State Council declaring the registered trademark invalid or does not bring a lawsuit to the people's court for the reexamination decision, maintaining the registered trademark, transferring the registered trademark or declaring the registered trademark invalid after the expiration of the legal period, the decision and ruling of the intellectual property administrative department of the State Council shall take effect.

After the ruling on the transfer of a registered trademark takes effect, it shall be public, and the transfer applicant shall enjoy the exclusive right to use the trademark from the date of the announcement.

Article 47 [Effect of invalidation] A registered trademark that has been 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 not to exist from the beginning.

The decision or ruling declaring a registered trademark invalid has no retroactive effect on the judgment, ruling, conciliation statement of the trademark infringement case made and executed by the people's court before the declaration of invalidity, the decision on the handling of the trademark infringement case made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been executed. However, compensation shall be made for losses caused to others by the trademark registrant's malicious acts.

If the trademark infringement compensation, trademark transfer fee or trademark use fee are not returned in accordance with the provisions of the preceding paragraph, which clearly violates the principle of fairness, they shall be returned in whole or in part.

Article 48 [Effect of invalidation] A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the intellectual property administrative department of the State Council, and the exclusive right to use the registered trademark shall be deemed not to exist from the beginning.

The decision or ruling declaring a registered trademark invalid has no retroactive effect on the judgment, ruling, mediation statement of trademark infringement cases made and executed by the people's court before the declaration of invalidity, the decision on handling trademark infringement cases made and executed by the department in charge of trademark law enforcement, and the trademark transfer or use license contract that has been performed. However, compensation shall be made for losses caused to others by the trademark registrant's malicious acts.

After the trademark is approved for registration and before the trademark is declared invalid, if the use of the trademark infringes upon the exclusive right of another person to use the registered trademark, and the trademark registrant or licensee has malicious intentions, it shall be dealt with in accordance with the provisions of the second paragraph of Article 74.2 of this Law.

If the trademark infringement compensation, trademark transfer fee, and trademark use fee are not returned in accordance with the provisions of the second paragraph of this article, which clearly violates the principle of fairness, they shall be returned in whole or in part.

Article 49 [Cancellation of a registered trademark] If a trademark registrant changes the registered trademark, the name, address or other registered matters of the registrant during the use of the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the Trademark Office shall revoke its registered trademark.

Where a registered trademark has become the common name of the goods approved for use or has not been used for three consecutive years without justified reasons, 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 it is necessary to extend the period under special circumstances, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council.

Article 49 [Cancellation of a registered trademark] Under any of the following circumstances, any natural person, legal person or unincorporated organization may apply to the intellectual property administrative department under the State Council for the cancellation of the registered trademark, but it shall not damage the legitimate rights and interests of the trademark registrant or disrupt the order of trademark registration:

（1） The registered trademark becomes the common name of the goods approved for use;

（2） The registered trademark is not used for three consecutive years without justified reasons;

（3） The use of a registered trademark causes the relevant public to misunderstand the quality and other characteristics of the goods or the origin;

（4） The registrant of a collective trademark or certification trademark violates the provisions of Article 63 of this Law, and the circumstances are particularly serious;

（5） The use of a registered trademark or the exercise of the exclusive right to use a registered trademark seriously harms public interests and causes major adverse effects.

Where a registered trademark falls under the circumstances listed in items 4 and 5 of the preceding paragraph, the intellectual property administrative department under the State Council may revoke the registered trademark in accordance with its authority.

The intellectual property administrative department under the State Council shall make a decision within nine months from the date of receiving the application for cancellation. If it is necessary to extend the period under special circumstances, it may be extended for three months upon approval.

Article 50 [Trademark Registration Segregation Period] If a registered trademark is revoked, declared invalid, or no longer renewed at the expiration of the period, the Trademark Office shall not approve the application for trademark registration that is the same or similar to the trademark within one year from the date of revocation, declaration of invalidity, or cancellation.

Article 50 [Segregation period for trademark registration] Where a registered trademark is revoked due to the existence of the circumstances listed in items 3 to 5 of the first paragraph of Article 49 of this Law or the violation of Article 64 of this Law, or is revoked or cancelled due to the violation of Article 61 of this Law, or is not renewed at the expiration of the period, and the trademark applied for registration within one year from the date of the revocation or cancellation announcement is the same or similar to the trademark, The intellectual property administrative department of the State Council shall not approve it.

Article 54 [Cancellation and Reexamination] If the party concerned is not satisfied with the decision of the Trademark Office to cancel or not to cancel the registered trademark, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. If it is necessary to extend the period under special circumstances, 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 not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notice.

Article 51 [Cancellation and Reexamination] If the party concerned is not satisfied with the decision of the intellectual property administrative department of the State Council to cancel or not to cancel the registered trademark, it may apply to the intellectual property administrative department of the State Council for reexamination within 15 days from the date of receiving the notice. The intellectual property administrative department under the State Council shall make a decision within nine months from the date of receiving the application and notify the parties in writing. If it is necessary to extend the period under special circumstances, it may be extended for three months upon approval. If a party is not satisfied with the review decision, it may bring a suit in a people's court within 30 days from the date of receiving the notice.

Article 55 [Effect of revocation] If the party concerned does not apply for a review of the decision of the Trademark Office to revoke the registered trademark or does not bring a lawsuit to the people's court against the review decision made by the Trademark Review and Adjudication Board at the expiration of the statutory period, the decision and review decision to revoke the registered trademark 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 from the date of the announcement.

Article 52 [Effect of revocation] At the expiration of the statutory period, if the party concerned does not apply for a review of the decision of the intellectual property administrative department of the State Council to revoke the registered trademark or does not bring a lawsuit to the people's court against the review decision, the decision of revocation of the registered trademark and the review decision shall take effect.

The revoked registered trademark shall be announced by the intellectual property administrative department of the State Council, and the exclusive right to use the registered trademark shall terminate as of the date of the announcement.

Chapter IV Renewal, Alteration, Transfer and Use License of Registered Trademarks

Chapter VI Renewal, Alteration, Transfer and Cancellation of Registered Trademarks

Article 39 [Term of validity of registered trademark] The term of validity of a registered trademark is 10 years, counting from the date of approval of registration.

Article 53 (No change in content)

Article 40 [Renewal of a registered trademark] If a registered trademark needs to continue to be used after the expiration of its validity, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration of the period; If the application fails to be handled during this period, a six-month grace period may be granted. The term of validity of each renewal of registration is 10 years, counting from the day after the expiration of the last term of validity of the trademark. If no renewal formalities are handled at the expiration of the period, the registered trademark shall be cancelled.

The Trademark Office shall make an announcement of the trademark that has been renewed.

Article 54 [Renewal of a registered trademark] When the validity of a registered trademark expires and it is necessary to continue to use it, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If the application fails to be handled during this period, a six-month grace period may be granted. The term of validity of each renewal of registration is 10 years, counting from the day after the expiration of the last term of validity of the trademark. If no renewal formalities are handled at the expiration of the period, the registered trademark shall be cancelled.

The intellectual property administrative department under the State Council shall make an announcement of the renewed registered trademark.

Article 41 [Change matters] Where a registered trademark needs to change the name, address or other registered matters of the registrant, an application for change shall be filed.

Article 55 (No change in content)

Article 42 [Trademark assignment] In the case of assignment of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark is assigned, the trademark registrant shall assign the same or similar trademarks registered on the same goods or the same or similar trademarks registered on similar goods.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and notify the applicant in writing and explain the reasons.

The assignment of a registered trademark shall be announced after approval. The transferee shall enjoy the exclusive right to use the trademark from the date of the announcement.

Article 56 [Trademark assignment] In the case of assignment of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the intellectual property administrative department under the State Council. The transferee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark is assigned, the trademark registrant shall assign the same or similar trademarks registered on the same goods or the same or similar trademarks registered on similar goods.

The intellectual property administrative department of the State Council shall not approve the transfer that is likely to cause confusion or have other adverse effects, and notify the applicant in writing and explain the reasons.

The assignment of a registered trademark shall be announced after approval. The transferee shall enjoy the exclusive right to use the trademark from the date of the announcement.

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Article 57 [Restrictions on the transfer of collective trademarks and certification trademarks] Where an application for the transfer of a collective trademark or certification trademark or a transfer of a collective trademark or certification trademark occurs, the assignee or right successor shall have the corresponding subject qualification and supervision ability.

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Article 58 [Trademark cancellation] Where a trademark registrant applies for the cancellation of its registered trademark or the cancellation of its trademark registration on some designated goods, and the cancellation is approved by the intellectual property administrative department under the State Council, it shall be announced; The effect of the exclusive right to use the registered trademark or the exclusive right to use the registered trademark on the designated goods shall terminate from the date of the announcement.

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Chapter VII Use and Administration of Trademarks

Article 48 [Use of trademarks] The term "use of trademarks" as used in this Law refers to the use of trademarks on commodities, commodity packages or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities to identify the origin of commodities.

Article 59 [Use of trademarks] The use of trademarks referred to in this Law refers to the use of trademarks in goods, packaging or containers of goods, and trade documents of goods, the use of trademarks in places of service or on service-related carriers, or the use of trademarks in advertising, exhibition, and other commercial activities, to identify the source of goods or services.

The acts listed in the preceding paragraph include those carried out through the Internet and other information networks.

Article 43 [Use and licensing of trademarks] A trademark registrant may license others to use its registered trademark by signing a trademark use license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

Where a person is licensed to use another person's registered trademark, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

Where a licensor licenses another person to use its registered trademark, the licensor shall report its trademark use license to the Trademark Office for filing, and the Trademark Office shall make an announcement. The trademark use license shall not be used against a bona fide third party without filing.

Article 60 [Use and licensing of trademarks] A trademark registrant may use the trademark itself or authorize others to use its registered trademark by signing a trademark licensing contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

Where a person is licensed to use another person's registered trademark, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

Where a licensor licenses another person to use its registered trademark, the licensor shall report its trademark use license to the intellectual property administrative department under the State Council for the record, and the intellectual property administrative department under the State Council shall make an announcement. The trademark use license shall not be used against a bona fide third party without filing.

If a licensor or licensee violates the provisions of the first paragraph of this article and causes damage to consumers, the department responsible for trademark law enforcement shall order it to make corrections within a time limit. If the illegal business amount is more than 50,000 yuan, it may be imposed a fine of less than 20% of the illegal business amount; If there is no illegal operation amount or the illegal operation amount is less than 50000 yuan, a fine of not more than 10000 yuan may be imposed.

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Article 61 [State the use of the trademark] The trademark registrant shall, within 12 months after every five years from the date of approval of the registration of the trademark, explain to the intellectual property administrative department under the State Council the use of the trademark on the approved goods or the justifiable reasons for not using the trademark. The trademark registrant may make a centralized explanation of the use of multiple trademarks within the above-mentioned period.

If no explanation is made at the expiration of the time limit, the intellectual property administrative department under the State Council shall notify the trademark registrant. If the trademark registrant fails to explain within six months from the date of receipt of the notice, it shall be deemed to have abandoned the registered trademark, and the intellectual property administrative department under the State Council shall cancel the registered trademark.

The intellectual property administrative department of the State Council shall conduct a random spot check on the authenticity of the statement, and may, if necessary, require the trademark registrant to supplement relevant evidence or entrust the local intellectual property administrative department to carry out verification. The intellectual property administrative department under the State Council shall revoke the registered trademark if the explanation is not true after random inspection.

Article 59 [Circumstances without right to prohibit] The exclusive right holder of a registered trademark has no right to prohibit the proper use of the common name, figure, model of the commodity contained in the registered trademark, or the place name directly indicating the quality, main raw materials, function, purpose, weight, quantity and other characteristics of the commodity, or the place name contained in the registered trademark.

The exclusive right holder of the registered trademark has no right to prohibit others from using the shape of the commodity itself contained in the registered trademark of three-dimensional signs, the shape of the commodity necessary for obtaining technical effects or the shape of the commodity with substantial value.

Before the trademark registrant applies for trademark registration, if another person has used a trademark that is the same or similar to the registered trademark and has a certain impact on the same or similar goods before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require it to attach appropriate distinguishing marks.

Article 62 [Circumstances without right to prohibit] The exclusive right holder of a registered trademark has no right to prohibit others from carrying out the following acts in conformity with commercial practices:

（1） Use one's own name,  address in good faith;

（2） In order to describe the type, nature, quality, function, use, weight, quantity, value, geographical origin and other characteristics of the goods, the use of the place name contained in the registered trademark, the common name, graphics, model, technical terms of the goods or other signs related to the description;

（3） Those who use their registered trademarks only for the purpose of indicating the use, application objects or application scenarios of the goods, except those that mislead the public.

The exclusive right holder of the registered trademark has no right to prohibit others from using it properly if the shape of the goods contained in the registered trademark of three-dimensional signs is generated by the nature of the goods themselves, the shape of the goods needed to obtain technical effects, or the shape that makes the goods have substantive value.

Before the trademark registrant applies for trademark registration, if another person has used a trademark that is the same or similar to the registered trademark and has a certain impact on the same or similar goods before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require it to attach appropriate distinguishing marks.

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Article 63 [Obligations of registrants of collective trademarks and certification trademarks] If a registrant of a collective trademark or certification trademark commits any of the following acts, the department responsible for trademark law enforcement shall order it to make corrections within a time limit, and confiscate the illegal gains, if any; If it refuses to make corrections, it shall be fined not more than 100,000 yuan if there are illegal gains, or not more than 10,000 yuan if there are no illegal gains; If the circumstances are particularly serious, the intellectual property administrative department under the State Council may revoke the trademark in accordance with the provisions of Article 49 of this Law:

（1） Negligent in exercising the trademark management duties, resulting in the goods using the trademark failing to meet the requirements of the use management rules and causing damage to consumers;

（2） Maliciously preventing others from using the place name, trade name or category contained in the trademark, and disturbing the order of trademark administration;

（3） Others behaviors that have adverse effects on society.

Article 49.1 Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name, address or other registered matters of the registrant, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the Trademark Office shall revoke its registered trademark.

Article 64 If a trademark registrant changes the registered trademark, the name, address or other registered matters of the registrant during the use of the registered trademark, the department responsible for trademark law enforcement shall order it to make corrections within a time limit and may impose a fine of not more than 100,000 yuan; If it fails to make corrections within the time limit, the intellectual property administrative department under the State Council shall revoke its registered trademark.

Where a trademark registrant, in violation of the provisions of the preceding paragraph, infringes upon another person's exclusive right to use a registered trademark, it shall be dealt with in accordance with the provisions of the second paragraph of Article 74 and the first paragraph of Article 85 of this Law.

Article 51 [Legal Liability for Passing off Registered Trademarks and Violating Prohibited Provisions] Where 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 administrative department for industry and commerce shall stop it, make corrections within a time limit, and may circulate a notice. If the amount of illegal business is more than 50000 yuan, a fine of less than 20% of the amount of illegal business may be imposed, If there is no illegal operation amount or the illegal operation amount is less than 50000 yuan, a fine of not more than 10000 yuan may be imposed.

Article 65 [Legal Liability for Misleading the Public by Passing off Registered Trademarks, Violating Prohibited Provisions and Using Trademarks Containing Geographical Indications] Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 15 and Paragraph 1 of Article 20 of this Law, the department in charge of trademark law enforcement shall order it to make corrections within a time limit. If the amount of illegal business is more than 50000 yuan, a fine of not more than 20% of the amount of illegal business may be imposed; If there is no illegal operation amount or the illegal operation amount is less than 50000 yuan, a fine of not more than 10000 yuan may be imposed.

Those who knowingly sell goods in violation of the provisions of Article 15 and the first paragraph of Article 20 of this Law, or knowingly provide convenience conditions such as warehousing, transportation, mailing, printing, concealment, business premises, and online commodity trading platforms for acts in violation of the provisions of Article 15 and the first paragraph of Article 20 of this Law, shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 14, paragraph 5, producers and business operators shall not use the words "well-known trademark" on commodities, commodity packages or containers, or in advertising, exhibition and other commercial activities.

Article 53 Any violator of the provisions of the fifth paragraph of Article 14 of this Law shall be ordered by the local administrative department for industry and commerce to make corrections and be fined 100000 yuan.

Article 66 [Legal liability for the illegal use of the word "well-known trademark"] Producers and operators shall not use the word "well-known trademark" on commodities, commodity packages or containers, or in advertising, exhibition and other commercial activities.

In case of violation of the provisions of the preceding paragraph of this Law, the department responsible for trademark law enforcement shall order correction and impose a fine of not more than 100,000 yuan.

Article 68.4 For those who apply for trademark registration in bad faith,  shall be given administrative penalties such as warning and fine according to the circumstances; If a trademark lawsuit is filed maliciously, the people's court shall impose punishment according to law.

Article 67 [Penalty for Malicious Trademark Registration Application] Where an applicant, in violation of the provisions of Article 22 of this Law, maliciously applies for trademark registration, the department responsible for trademark law enforcement shall give a warning or a fine of not more than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 250,000 yuan may be imposed. Any illegal gains shall be confiscated.

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Article 68 [Trademark Agency] Where a trademark agency is a company or partnership registered by the market entity registration authority to engage in trademark agency business according to law, more than two-thirds of its shareholders or partners shall be trademark agency practitioners with more than three years of experience, or have legal professional qualifications, patent agent professional qualifications, or intellectual property agent intermediate or higher titles, And shall file with the intellectual property administrative department of the State Council. If the trademark agency is a law firm, it shall file with the intellectual property administrative department of the State Council.

Where a trademark agency violates the provisions of the preceding paragraph, the intellectual property administrative department under the State Council shall order it to make corrections; If it refuses to make corrections and the circumstances are serious, the department responsible for trademark law enforcement shall give a warning and impose a fine of not less than 10000 yuan but not more than 50000 yuan. The intellectual property administrative department under the State Council may decide to stop accepting its trademark agency business and make an announcement.

Article 19.1 to 19.3 A trademark agency from the first to the third paragraphs of Article 19 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 principal; Be obligated to keep confidential the principal's business secrets learned during the agency process.

Where the trademark applied for registration by the principal may not be registered under the provisions of this Law, the trademark agency shall clearly inform the principal.

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

Article 69 [Obligations of trademark agency] A trademark agency shall follow the principle of honesty and credibility, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the principal; Be obligated to keep confidential the principal's business secrets learned during the agency process.

Where the trademark applied for registration by the principal may not be registered under the provisions of this Law, the trademark agency shall clearly inform the principal.

If a trademark agency knows or should know that the trademark applied for registration by the principal falls under the circumstances specified in Article 22 of this Law, it shall not accept its entrustment.

The trademark agency practitioners shall abide by the law, have good credit standing, good conduct, be familiar with trademark laws and regulations, and have the ability to engage in trademark agency business according to law. Trademark agency practitioners shall not engage in trademark agency business in more than two trademark agencies at the same time.

Article 20 [Trademark agency industry organization] The trademark agency industry organization shall, in accordance with the provisions of the Articles of Association, strictly implement the conditions for admitting members, and punish members who violate the self-discipline norms of the industry. The trademark agency industry organization shall promptly disclose to the public the members it has accepted and the disciplinary measures it has imposed on its members.

Article 70 [Trademark agency industry organization] The trademark agency industry organization is a self-regulatory organization of the trademark agency industry.

The trademark agency industry organization shall, in accordance with the provisions of the Articles of Association, strictly implement the conditions for attracting members, strictly enforce industry self-discipline, formulate industry self-discipline norms and disciplinary rules, strengthen business training and professional ethics and professional discipline education, organize and guide the trademark agency and trademark agency professionals to conduct trademark agency business in accordance with the law, and continuously improve the service level of the industry, The trademark agency and trademark agency practitioners who violate the self-discipline rules of the industry shall be punished. The trade organization of trademark agency shall promptly disclose to the public the information about its membership and disciplinary action.

Chapter VIII Protection of the exclusive right to use registered trademarks

Chapter VIII Protection of the exclusive right to use registered trademarks

Article 56 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.

Article 9, paragraph 2. A trademark registrant has the right to indicate "registered trademark" or a registered mark.

Article 71 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.

The trademark registrant has the right to mark the "registered trademark" or the registered mark and 。

Article 57 [Infringement of the exclusive right to use a registered trademark] Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

（1） Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

（2） Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same goods, or using a trademark identical or similar to its registered trademark on similar goods, which is easy to cause confusion;

（3） Selling goods that infringe the exclusive right to use a registered trademark;

（4） Forgery or unauthorized manufacture of registered trademark marks of others or sale of forged or unauthorized manufacture of registered trademark marks;

（5） Changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

（6） Intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others, and helping others to carry out the infringement of the exclusive right to use a trademark;

（7） Causing other damage to the exclusive right of another person to use a registered trademark.