Table of contents
Chapter 1 General Provisions
Chapter 2 Application for Trademark Registration
Chapter 3 Review and Approval of Trademark Registration
Chapter 4 Renewal, Change, Transfer and Use License of Registered Trademarks
Chapter 5 Invalidation of Registered Trademarks
Chapter 6 Management of Trademark Use
Chapter 7 Protection of Exclusive Rights of Registered Trademarks
Chapter 8 Supplementary Provisions
Chapter 1 General Provisions
Article 1 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 and producers and operators, and promote the development of the socialist market economy. this law.
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.
The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.
Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including goodsTrademarks, service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
Collective trademarks as used in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate that the user A sign of membership in the organization.
Certification trademarks as used in this Law refer to those controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization For its goods or services, marks used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office .
The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 5 Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to the trademark.
Article 6: Products that must use registered trademarks as stipulated by laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market.
Article 7 When applying for registration and use of a trademark, the principle of good faith shall be followed.
Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.
Article 8 Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, and three-dimensional signs , color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.
Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate "registered trademark" oror registration mark.
Article 10 The following signs shall not be used as trademarks:
(1) Same as those of the People’s Republic of China The name of the country, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;
(2) Identical or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) The same or similar names or symbols as "Red Cross" or "Red Crescent";
(6) Ethnic discriminatory ;
(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;
(8) Harmful to socialist morals or have other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Article 11 The following marks shall not be registered as trademarks:
(1) Only this product The common names, graphics, and models;
(2) Only directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
If the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be used asRegister a trademark.
Article 12 When applying for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the use of The shape of the goods having substantial value shall not be registered.
Article 13: If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, he may apply for well-known trademark protection in accordance with the provisions of this Law.
If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and is prohibited. use.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the well-known trademark to be If the registrant's interests may be harmed, registration will not be granted and use will be prohibited.
Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:
(1) The degree of awareness of the trademark by the relevant public;
">(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous .
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with the provisions of Article 13 of this Law, the Trademark Office shall The well-known status of the trademark can be determined according to the needs of handling the case.
In the process of handling trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may, based on the needs of handling the case, review the well-known status of the trademark Make a determination.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the People's Court designated by the Supreme People's Court shallAccording to the needs of the case, the well-known status of the trademark can be determined.
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.
Article 15 Without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and the principal or If the represented person raises objections, registration will not be granted and use will be prohibited.
If you know the existence of another person's trademark through a contract, business relationship or other relationship and the other person raises an objection, it shall not be registered.
Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark and misleads the public, it shall not be registered and shall be prohibited. Use; however, registrations that have been obtained in good faith will continue to be valid.
The geographical indications referred to in the preceding paragraph refer to an indication that a commodity originates from a certain region. The specific quality, reputation or other characteristics of the commodity are mainly determined by the natural characteristics of the region. factors or human factors.
Article 17 Foreigners or foreign enterprises applying for trademark registration in China shall comply with the agreement signed by their country of origin and the People's Republic of China or the international treaty to which they both participate. handle it, or handle it on a reciprocal basis.
Article 18 When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.
When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.
Article 19 Trademark agencies shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; The agent shall have the obligation to keep confidential the principal’s business secrets learned during the agency process.
If the trademark applied for registration by the client may be prohibited from registration under this law, the trademark agency shall clearly inform the client.
TrademarkIf the administrative agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 15 and 32 of this Law, it shall not accept its entrustment.
Trademark agencies are not allowed to apply for registration of other trademarks except for trademark registration for their agency services.
Article 20 Trademark agency industry organizations shall, in accordance with the provisions of their charter, strictly implement the conditions for recruiting members, and punish members who violate industry self-discipline norms. Trademark agency industry organizations should promptly announce to the public the members they recruit and the disciplinary status of members.
Article 21 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 prescribed by the State Council.
Chapter 2 Application for Trademark Registration
Article 22 Applicants for trademark registration shall follow Fill in the prescribed product classification table with the product category and product name using the trademark, and submit an application for registration.
Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.
Trademark registration applications and other relevant documents can be submitted in writing or by data message.
Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.
Article 24 If a registered trademark needs to change its logo, a new registration application must be submitted.
Article 25 A trademark registration applicant shall, within six months from the date of first filing an application for trademark registration in a foreign country, register the same trademark in China again. If a trademark registration application is filed for goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by 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.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when filing an application for trademark registration, and submit the first proposed trademark registration within three months. Copies of application documents; if a written statement is not made or a copy of the trademark registration application documents is not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 26: Trademarks sponsored by the Chinese government orIf the trademark is used for the first time on goods exhibited at an international exhibition recognized by the trademark owner, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration and submit it to the exhibition where their goods will be displayed within three months. Name, evidence of the use of the trademark on the exhibited goods, date of exhibition and other supporting documents; if no written statement is made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.
Chapter 3 Review and Approval of Trademark Registration
Article 28 Regarding Application for Registration For trademarks, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.
Article 29: During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
Article 30: Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others on the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.
Article 31 Two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods. If the application is made on the same day, the trademark with the first application will be preliminarily reviewed and announced, and the application of others will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register by unfair means that others have already used and have certain influence. trademark.
Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right holder or interested party believes that it violates this law The provisions of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person who believes that it violates this Article If the provisions of Articles 10, 11, and 12 of the Law are met, an objection may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, it will be approved.Register, issue a trademark registration certificate, and publish it.
Article 34 For a trademark that rejects the application and will not be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
, make a decision on whether to approve registration within 12 months from the expiration of the announcement period, and notify the opponent and the person being opposed in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, 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 opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.
In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the matters currently being heard by the People's Court or being handled by the administrative agencies. The review may be suspended based on the outcome of another case. After the reasons for the suspension are eliminated, the review process should be resumed.
Article 36: Upon expiration of the statutory period, the party concerned shall not apply for review of the decision of the Trademark Office to reject the application or deny registration, or shall make a decision to the Trademark Review and Adjudication Board. If the person's review decision is not to file a lawsuit in the People's Court, the decision to reject the application, the decision not to register or the review decision shall take effect.
A trademark that is approved for registration after examination and objection is not established, the trademark registrationThe time for a registration applicant to obtain the exclusive right to use a trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.
Article 37: Applications for trademark registration and trademark review shall be reviewed in a timely manner.
Article 38 If a trademark registration applicant or registrant discovers that there are obvious errors in the trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties involved.
The correction errors referred to in the preceding paragraph do not involve the substantive content of the trademark application documents or registration documents.
Chapter 4 Renewal, Change, Transfer and License of Use of Registered Trademarks
Chapter 30 The nine-year registered trademark is valid for ten years, calculated from the date of approval of registration.
Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration; If the application cannot be processed during this period, a six-month grace period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
The Trademark Office shall announce the renewal of registered trademarks.
Article 41 If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application must be submitted.
Article 42: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same kind of goods, or the same or similar trademark registered on similar goods. should be transferred together.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The transferee shall have the exclusive right to use the trademark from the date of announcement.
Article 43 Trademark The registrant can license others to use its registered trademark by signing a trademark license contract. The licensor should supervise the quality of the goods used by the licensee using its registered trademark. The licensee should ensure the quality of the goods using the registered trademark.
If someone else's registered trademark is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.When permitting others to use its registered trademark, the licensor shall submit its trademark use license to the Trademark Office for filing, and the Trademark Office shall announce it. The trademark use license shall not be used against bona fide third parties without filing.
Chapter 5 Declaration of Invalidity of Registered Trademarks
Article 44 A registered trademark violates Article 10, Article 11 and Article 12, or if registration is obtained by deception 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.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing. If the party is dissatisfied with the decision of the Trademark Office, it may be filed within ten years from the date of receipt of the notice. Apply to the Trademark Review and Adjudication Board for reexamination within five days. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it may be extended with the approval of the industrial and commercial administration department of the State Council Three months. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Other units or individuals If the Trademark Review and Adjudication Board is requested to declare a registered trademark invalid, after receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application to maintain the registered trademark or The ruling declaring the registered trademark invalid and notifying the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it can be extended from the date of receipt of the notice. The People's Court shall file a lawsuit with the People's Court within thirty days. The People's Court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
Article 45 Already registered Trademark, violation of Article 10 of this LawArticle 3, paragraphs 2 and 3, Article 15, paragraph 1 of Article 16, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, The prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the fact that the People's Court is currently hearing or administrative The review may be suspended based on the outcome of another case currently being handled by the agency. After the reasons for the suspension are eliminated, the review process should be resumed.
Article 46: Upon expiration of the statutory period, the party concerned shall not apply for review of the Trademark Office’s decision to declare the registered trademark invalid or shall maintain the registered trademark against the Trademark Review and Adjudication Board’s review decision. Or if the ruling declaring the registered trademark invalid is not filed in the People's Court, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.
Article 47 A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office. The exclusive right to use a registered trademark is deemed to have ceased to exist from the beginning.
Decisions or rulings declaring the registered trademark invalid, judgments, rulings, mediation documents and industrial and commercial administration decisions on trademark infringement cases made and executed before the invalidation was declared Decisions on handling trademark infringement cases made and implemented by the management department and trademark transfer or licensing contracts that have been performed have no retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.
Chapter 6 Management of Trademark Use
Article 48 The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities. , used to identify the source of goods.
Article 49: In the process of using the registered trademark, the trademark registrant shall change the registered trademark and the name of the registrant on his own initiative , address or other registration information, the local industrial and commercial administrative department shall order it to make corrections within a time limit; if it does not make corrections within the time limit, the Trademark Office shall cancel its registered trademark.
Registered trademark If it becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. Decision. If there are special circumstances that require an extension, it may be extended for three months with the approval of the industrial and commercial administration department of the State Council.
Article 50: Registered trademarks are revoked and declared If it is invalid or will not be renewed upon expiration, within one year from the date of cancellation, declaration of invalidity or cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.
Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit. If the illegal business volume exceeds 50,000 yuan, a fine of 2% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.
Article 52: If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may notify the person. If the illegal business volume exceeds 50,000 yuan, the local industrial and commercial administration department may A fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and shall be fined 100,000 yuan.
Article 54 If the party concerned is dissatisfied with the Trademark Office's decision to revoke or not revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall apply to the Trademark Review and Adjudication Board for review from the date of receipt of the application. A decision shall be made within nine months from the date of the decision, and the parties shall be notified in writing. If there are special circumstances that require an extension, it may be extended for three months with the approval of the administrative department for industry and commerce of the State Council. The party concerned shall submit a request to the Trademark Review and Adjudication BoardIf you are dissatisfied with the decision, you may bring a lawsuit to the People's Court within thirty days from the date of receipt of the notice.
Article 55: Upon expiration of the statutory period, the party concerned shall not apply for review of the decision of the Trademark Office to cancel the registered trademark or the review decision of the Trademark Review and Adjudication Board. If you do not file a lawsuit with the People's Court, the decision to cancel the registered trademark or the review decision will take effect.
The canceled registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date of announcement.
Chapter 7 Protection of Exclusive Rights of Registered Trademarks
Article 56 Exclusive Rights of Registered Trademarks The rights are limited to the approved registered trademark and the approved goods for use.
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same goods, or use a trademark that is the same or similar to the registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forging or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized manufacturing Registered trademark logo;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;
(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute unfair competition shall be punished in accordance with "Anti-Unfair Competition Law of the People's Republic of China".
Article 59 The product contained in the registered trademarkThe holder of the exclusive right to a registered trademark has no right to prohibit others from using a common name, graphic, model, or a place name that directly represents the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product.
Three-dimensional mark registered trademark contains a shape resulting from the nature of the product itself, a shape of the product necessary to obtain technical effects, or a shape that makes the product have substantial value , the owner of the exclusive right to a registered trademark has no right to prohibit others from using it properly.
Before the trademark registrant applies for trademark registration, others have already used the same or similar registered trademark on the same or similar goods before the trademark registrant and have certain influence. For a trademark, the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach an appropriate distinguishing mark.
Article 60: Any dispute caused by any of the infringements of the exclusive rights to registered trademarks listed in Article 57 of this Law shall be resolved by negotiation between the parties; If negotiation or negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods, and forge registration For tools marked with trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the "Civil Procedure Law of the People's Republic of China" File a lawsuit with the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive right to use a registered trademark; if a crime is suspected, it should be promptly transferred to the judicial authority for handling in accordance with the law. .
Article 62 The industrial and commercial administration departments at or above the county level shall, based on the obtained evidence of suspicion of illegal acts or theWhen reporting, when investigating and punishing acts suspected of infringing on the exclusive rights of others' registered trademarks, the following powers may be exercised:
(1) Inquiry of relevant parties, investigation and infringement of others' registered trademarks Situations related to exclusive rights;
(2) Review and copy the parties’ contracts, invoices, account books and other relevant materials related to infringement activities;
(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others;
(4) Inspections Items related to infringement activities; items that have evidence to prove infringement of the exclusive rights of others' registered trademarks may be sealed or detained.
When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
In the process of investigating a trademark infringement case, if there is a dispute over the ownership of the trademark or the right holder files a trademark infringement lawsuit in the People's Court at the same time, the industrial and commercial administrative department may suspend the case. investigation. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined according to The benefits obtained by the infringer due to the infringement shall be determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the People’s Court may order The infringer provides account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall decide based on the infringement. Due to the circumstances of the conduct, the court ordered a compensation of less than three million yuan.
Article 64 Registered TrademarksIf the exclusive right holder requests compensation and the alleged infringer makes a defense on the grounds that the registered trademark exclusive right holder has not used the registered trademark, the people's court may require the registered trademark exclusive right holder to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.
Selling goods that are not known to infringe the exclusive rights of registered trademarks, and can prove that the goods were obtained legally and indicate the supplier, will not be liable for compensation.
Article 65 If a trademark registrant or interested party has evidence proving that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark, if it is not stopped in time If the person's legal rights and interests will be irreparably damaged, he may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit.
Article 66: In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may file a lawsuit in accordance with the law. Apply to the People's Court for evidence preservation.
Article 67 If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the infringed party In addition to losses, criminal liability shall be pursued in accordance with the law.
Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, which constitutes a crime, shall be investigated in accordance with the law in addition to compensating the losses of the infringed party. criminal responsibility.
Article 68 If a trademark agency commits any of the following acts, the industrial and commercial administration department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than RMB 10,000 and RMB 100,000. A fine of not more than RMB 5,000 shall be imposed; the directly responsible person in charge and other directly responsible persons shall be given a warning, and a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;
(2) To solicit trademark agency business by slandering other trademark agencies or disrupting the order of the trademark agency market by other unfair means;
(3) Violating the provisions of paragraphs 3 and 4 of Article 19 of this Law.If a trademark agency commits any act specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to terminate Accept the trademark agency business and make an announcement.
If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its charter.
Article 69 State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner.
Trademark Office, Trademark Review and Adjudication Board, and state agency staff engaged in trademark registration, management and review shall not engage in trademark agency business and commodity production and operation activities.
Article 70 The industrial and commercial administrative department shall establish and improve an internal supervision system and enforce laws and administrative regulations on state agency staff responsible for trademark registration, management and review. and conduct supervision and inspection on compliance with discipline.
Article 71: State agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, and illegally handle trademark registration, management and review work. In matters under review, if the person accepts property from the parties and seeks illegitimate benefits, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, he shall be punished in accordance with the law.
Chapter 8 Supplementary Provisions
Article 72 Application for trademark registration and handling other trademark matters , fees must be paid, and the specific charging standards will be determined separately.
Article 73 This law shall come into effect on March 1, 1983. The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be abolished at the same time; other provisions related to trademark management that conflict with this law shall be invalid at the same time.
Trademarks that have been registered before the implementation of this law will continue to be valid.
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