(Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982; amended for the first time pursuant to the Decision on Amending the Trademark Law of the People's Republic of China adopted at the 30th Session of the Standing Committee of the Seventh National People's Congress on February 22, 1993; amended for the second time pursuant to the Decision on Amending the Trademark Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001; amended for the third time pursuant to the Decision on Amending the Trademark Law of the People's Republic of China adopted at the 4th Session of the Standing Committee of the Twelfth National People's Congress on August 30, 2013; amended for the fourth time pursuant to the Decision on Amending Eight Laws Including the Construction Law of the People's Republic of China adopted at the 10th Session of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019; revised at the 23rd Session of the Standing Committee of the Fourteenth National People's Congress on June 26, 2026)

CONTENTS

Chapter I    General Provisions

Chapter II   Conditions for Trademark Registration

Chapter III  Application for Trademark Registration

Chapter IV   Examination and Approval of Trademark Registration

Chapter V    Renewal, Alteration, Assignment and Cancellation of Registered Trademarks

Chapter VI   Invalidation of Registered Trademarks

Chapter VII  Administration of Trademarks

Chapter VIII Protection of the Exclusive Right to Use a Registered Trademark

Chapter IX   Supplementary Provisions

Chapter I  General Provisions

Article 1  This Law is enacted for the purposes of protecting the exclusive right to use a registered trademark, strengthening the administration of trademarks, regulating the registration and use of trademarks, prompting producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, safeguarding the interests of consumers, producers and traders, and promoting the sound development of the socialist market economy.

Article 2  For the purposes of this Law, “trademark” means a sign used to identify and distinguish the source of goods or services, including trademarks for goods and trademarks for services. The provisions of this Law concerning trademarks for goods shall apply to trademarks for services.

For the purposes of this Law, “use of a trademark” means the act of using a trademark on goods, the packaging or containers of goods, or in transaction documents relating to goods, or using a trademark in advertising, exhibitions, or other commercial activities, for the purpose of identifying and distinguishing the source of goods.

The use of a trademark referred to in the preceding paragraph includes use through the Internet and other information networks.

Article 3  Trademark work shall implement the strategic deployment of the Party and the State on intellectual property, and shall enhance the level of trademark protection, application, administration and services.

Article 4  The trademark administration department under the State Council shall be responsible for the registration and administration of trademarks nationwide. The departments in charge of trademark work under the local people's governments at or above the county level shall be responsible for trademark administration within their respective administrative regions.

The departments performing trademark law enforcement functions under the people's governments at or above the county level shall be responsible for trademark law enforcement within the scope of their respective duties and powers.

The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement shall establish working mechanisms to strengthen information sharing and work coordination.

Article 5  A trademark approved for registration by the trademark administration department under the State Council is a registered trademark. The registrant of a trademark is entitled to indicate “registered trademark” or a registration mark thereon, and shall enjoy the exclusive right to use the registered trademark, which shall be protected by law.

Where a natural person, legal person or unincorporated organization needs to obtain the exclusive right to use a registered trademark for its goods or services in the course of production and business operations, it shall file an application for trademark registration with the trademark administration department under the State Council.

Article 6  For the purposes of this Law, “collective mark” means a sign registered in the name of an industry association or other organization, for use by the members of such organization in their commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, “certification mark” means a sign controlled by an organization that has the capacity to supervise a particular kind of goods or services, and used by entities or individuals other than that organization on their goods or services, to certify the origin, raw materials, manufacturing method, quality or other particular qualities of such goods or services.

Special matters concerning the registration and administration of collective marks and certification marks shall be prescribed by the trademark administration department under the State Council.

Article 7  Two or more natural persons, legal persons or unincorporated organizations may jointly apply to the trademark administration department under the State Council for registration of the same trademark, and shall jointly enjoy and exercise the exclusive right to use such registered trademark.

Article 8  Where laws or administrative regulations require that a registered trademark be used for particular goods, an application for trademark registration shall be filed, and such goods may not be sold on the market without approved registration.

Article 9  An applicant for registration and a user of a trademark shall adhere to the principle of good faith, and shall not abuse rights so as to harm State interests, the public interest, or the lawful rights and interests of others.

A trademark user shall be responsible for the quality of the goods on which the trademark is used. The departments at all levels responsible for trademark administration and trademark law enforcement shall, in accordance with law, strengthen trademark administration and enforcement, and shall put a stop to acts that deceive consumers.

Article 10  An applicant for trademark registration or a party handling other trademark matters may handle the matter itself, or may entrust a trademark agency lawfully established to handle the matter.

Article 11  Where a foreign national, foreign enterprise or other foreign organization applies for trademark registration in China, the matter shall be handled in accordance with any agreement concluded between the country to which the applicant belongs and the People's Republic of China, or any international treaty to which both countries are parties, or on the basis of the principle of reciprocity.

A foreign national, foreign enterprise or other foreign organization that has no habitual residence or place of business in China and applies for trademark registration or handles other trademark matters in China shall entrust a trademark agency lawfully established to handle the matter.

Article 12  International registration of trademarks shall follow the system established under the relevant international treaties concluded or acceded to by the People's Republic of China, and the specific measures therefor shall be prescribed by the State Council.

Article 13  The trademark administration department under the State Council shall strengthen the development of an informatized and intelligent public service system for trademarks, enhance the convenience of handling trademark business, release trademark information in a complete, accurate and timely manner, and improve the standard of trademark information services and administration.

Chapter II  Conditions for Trademark Registration

Article 14  Any sign capable of distinguishing the goods of a natural person, legal person or unincorporated organization from those of others, including words, designs, letters, numerals, three-dimensional signs, combinations of colors, sounds, motion marks, and combinations of the foregoing elements, may be applied for registration as a trademark.

Article 15  None of the following signs may be registered or used as a trademark:

(1) those identical or similar to the name, flag, or emblem of the Communist Party of China, or to medals, or to iconic elements relating to important theoretical achievements or historical events of the Communist Party of China;

(2) those identical or similar to the State name, flag, national emblem, national anthem, military flag, military emblem, or military anthem of the People's Republic of China, or to medals thereof, or those identical to the names or signs of central State organs, the names of specific locations where they are situated, or the names or designs of landmark buildings thereof;

(3) those identical or similar to the State name, flag, national emblem, or military flag of a foreign country, unless the government of that country consents thereto;

(4) those identical or similar to the name, flag, or emblem of an intergovernmental international organization, unless that organization consents thereto or such use is unlikely to mislead the public;

(5) those identical or similar to official signs or inspection marks indicating control or guarantee, unless authorized;

(6) those identical or similar to the name or sign of the “Red Cross” or “Red Crescent”;

(7) those having ethnic discriminatory implications;

(8) those that are deceptive and likely to mislead the public as to the quality, craftsmanship, raw materials or other characteristics, or the place of origin, of the goods; or

(9) those contrary to public order or morality, or otherwise having an adverse effect.

Article 16  The name of an administrative division at or above the county level, or a foreign geographical name well known to the public, may not be registered or used as a trademark, except where the geographical name has another meaning or forms part of a collective mark or certification mark; trademarks already registered that use such geographical names shall remain valid.

The registration and use as trademarks of national park signs, Olympic signs, special signs and the like shall be governed by this Law and the relevant laws and administrative regulations.

Article 17  A trademark applied for registration shall possess distinctive features and be readily identifiable. None of the following signs may be registered as a trademark:

(1) those consisting solely of the generic name, design, or model number of the goods concerned;

(2) those consisting solely of signs that directly indicate the quality, main raw materials, function, intended use, weight, quantity or other characteristics of the goods; or

(3) other signs lacking distinctive features.

Signs listed in the preceding paragraph that have acquired distinctive features through use, and are readily identifiable, may be registered as trademarks.

Article 18  Where an application is filed for registration of a trademark consisting of a three-dimensional sign, a combination of colors, a sound, a motion mark or the like, no shape, combination of colors, sound, or motion effect that results solely from the nature of the goods themselves, that is necessary to obtain a technical effect, or that gives the goods substantial value, may be registered as a trademark.

Article 19  An application for trademark registration that is not filed for the purpose of use, and that obviously exceeds the scope reasonably required for normal production and business operations, shall not be approved for registration.

No application for trademark registration may be filed by fraud or other improper means.

Article 20  A trademark applied for registration shall not be identical or similar to a trademark already registered, or for which an earlier application has been filed, by another person in respect of the same or similar goods.

Article 21  Where a trademark applied for registration in respect of the same or similar goods constitutes a reproduction, imitation or translation of another person's well-known trademark not registered in China, and is likely to cause confusion, the application shall be rejected and the use thereof shall be prohibited.

Where a trademark applied for registration in respect of dissimilar goods constitutes a reproduction, imitation or translation of another person's well-known trademark, misleads the public, and is likely to prejudice the interests of the holder of the well-known trademark, the application shall be rejected and the use thereof shall be prohibited.

Article 22  Where an agent or representative, without authorization, registers in its own name a trademark belonging to its principal or the person it represents, and the principal or the person represented raises an objection thereto, the application shall be rejected and the use thereof shall be prohibited.

Where a trademark applied for registration in respect of the same or similar goods is identical or similar to an unregistered trademark already used by another person, and the applicant, due to a contractual, business, or other relationship with that other person other than as provided in the preceding paragraph, knew of the existence of that other person's trademark, the application shall be rejected upon objection by that other person.

Article 23  Where a trademark contains a geographical indication for goods, but the goods concerned do not originate from the region indicated by such sign, thereby misleading the public, the application shall be rejected and the use thereof shall be prohibited; provided that a registration already obtained in good faith shall remain valid.

For the purposes of the preceding paragraph, “geographical indication” means a sign indicating that particular goods originate from a particular region, where a given quality, reputation or other characteristic of the goods is essentially attributable to the natural or human factors of that region.

Article 24  An application for trademark registration shall not prejudice another person's existing prior lawful rights and interests, nor shall it preemptively register, in bad faith, a trademark already used by another person and having acquired a certain influence.

Article 25  A trademark agency may not apply for registration of any trademark other than for the agency services it provides.

Chapter III  Application for Trademark Registration

Article 26  An applicant for trademark registration shall, in accordance with the prescribed classification table of goods, fill in the class and name of the goods on which the trademark is to be used, and file the application for registration.

An applicant for trademark registration may apply for registration of the same trademark in respect of goods in multiple classes through a single application.

Applications for trademark registration and other related documents shall be filed in writing. Data messages that, by means of electronic data exchange or otherwise, are capable of tangibly representing the contents contained therein and may be retrieved for reference at any time shall be deemed to be in written form.

Article 27  Where a registered trademark needs to obtain the exclusive right to use it on goods outside the originally approved scope of use, a separate application for registration shall be filed.

Article 28  Where a registered trademark needs to alter its sign, a new application for registration shall be filed.

Article 29  Where an applicant for trademark registration, within six months from the date on which it first files an application for trademark registration of the same trademark in a foreign country, files an application for registration of the same trademark in respect of the same goods in China, it may enjoy a right of priority pursuant to any agreement concluded between that foreign country and China, or any international treaty to which both are parties, or in accordance with the principle of mutual recognition of priority rights.

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

Article 30  Where a trademark is first used on goods exhibited at an international exhibition sponsored or recognized by the Chinese Government, the applicant for registration of that trademark may enjoy a right of priority within six months from the date the goods are exhibited.

Where priority is claimed in accordance with the preceding paragraph, a written declaration shall be made at the time the application for trademark registration is filed, and within three months thereafter, supporting documents shall be submitted, including the name of the exhibition at which the goods were exhibited, evidence of the use of the trademark on the exhibited goods, and the date of exhibition; where no written declaration is made, or the supporting documents are not submitted within the time limit, priority shall be deemed not to have been claimed.

Article 31  The matters declared and the materials submitted for an application for trademark registration shall be true, accurate and complete.

Chapter IV  Examination and Approval of Trademark Registration

Article 32  The trademark administration department under the State Council shall complete its examination of an application for trademark registration within nine months from the date of receipt of the application documents and, where the application conforms to the relevant provisions of this Law, shall publish a preliminary approval announcement thereof.

Article 33  Where, in the course of examination, the trademark administration department under the State Council considers that the content of an application for trademark registration requires explanation or amendment, it may require the applicant to provide an explanation or make an amendment. Where the applicant fails to provide an explanation or make an amendment, this shall not affect the examination decision made by the trademark administration department under the State Council.

Article 34  Where a trademark applied for registration does not conform to the relevant provisions of this Law, the trademark administration department under the State Council shall reject the application and shall not publish an announcement thereof.

Article 35  Where two or more applicants apply for registration of identical or similar trademarks in respect of the same or similar goods, preliminary approval shall be granted, and an announcement published, in respect of the trademark for which the application was filed earlier; where the applications are filed on the same day, preliminary approval shall be granted, and an announcement published, in respect of the trademark used earlier, and the applications of the other parties shall be rejected without an announcement being published.

Article 36  With respect to a trademark for which a preliminary approval announcement has been published, any prior right holder or interested party that considers the trademark to be in violation of Articles 20 through 22, the first paragraph of Article 23, or Article 24 of this Law, or any person who considers it to be in violation of Article 15, the first paragraph of Article 16, Articles 17 through 19, or Article 25 of this Law, may file an objection with the trademark administration department under the State Council within two months from the date of the announcement. Where no objection is filed upon the expiration of the announcement period, the trademark shall be approved for registration, a certificate of trademark registration shall be issued, and an announcement shall be published.

Article 37  Where an application is rejected and no announcement is published, the trademark administration department under the State Council shall notify the applicant for trademark registration in writing. Where the applicant for trademark registration disagrees, it may, within fifteen days from the date of receipt of the notice, apply to the trademark administration department under the State Council for review. The trademark administration department under the State Council shall make a decision within nine months from the date of receipt of the application for review and shall notify the applicant in writing. Where there are special circumstances requiring an extension, the period may be extended by three months upon approval by the person in charge of the trademark administration department under the State Council. Where a party disagrees with the review decision, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice.

Article 38  Where an objection is filed against a trademark for which a preliminary approval announcement has been published, the trademark administration department under the State Council shall hear the facts and reasons presented by the objector and the party against whom the objection is filed and, after investigation and verification, shall, within twelve months from the date of expiration of the announcement period, make a decision on whether to approve the registration, and shall notify the objector and the party against whom the objection is filed in writing. Where there are special circumstances requiring an extension, the period may be extended by six months upon approval by the person in charge of the trademark administration department under the State Council.

Where the trademark administration department under the State Council decides to approve the registration, it shall issue a certificate of trademark registration and publish an announcement thereof. Where the objector disagrees, it may request the trademark administration department under the State Council to declare the registered trademark invalid in accordance with Articles 50 and 51 of this Law.

Where the trademark administration department under the State Council decides not to approve the registration, and the party against whom the objection is filed disagrees, it may apply for review within fifteen days from the date of receipt of the notice. The trademark administration department under the State Council shall make a review decision within twelve months from the date of receipt of the application and shall notify the objector and the party against whom the objection is filed in writing. Where there are special circumstances requiring an extension, the period may be extended by six months upon approval by the person in charge of the trademark administration department under the State Council. Where the party against whom the objection is filed disagrees with the review decision, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice. The people's court shall notify the objector to participate in the proceedings as a third party.

Article 39  Where, upon expiration of the statutory time limit, a party fails to apply for review of a decision of rejection or a decision not to approve registration made by the trademark administration department under the State Council, or fails to institute legal proceedings in a people's court against a review decision, the decision of rejection, the decision not to approve registration, or the review decision shall take effect.

Where, upon examination, an objection is found to be unfounded and the trademark is approved for registration, the time at which the applicant for trademark registration acquires the exclusive right to use the registered trademark shall be calculated from the date of expiration of the two-month preliminary approval announcement period. From the date of expiration of the announcement period for that trademark until the decision approving registration is made, no liability shall attach retroactively in respect of another person's use, on the same or similar goods, of a sign identical or similar to that trademark; provided that compensation shall be paid for any loss caused to the trademark registrant by such user's bad faith.

Article 40  The trademark administration department under the State Council shall conduct timely examination of applications for trademark registration and applications for trademark review.

An applicant may apply to withdraw a matter referred to in the preceding paragraph.

Article 41  Where, in the course of examining and hearing a trademark objection, a review of rejection, a review of refusal to approve registration, or an invalidation case, the determination of a prior right or interest involved must be based on the outcome of another case being heard by a people's court or handled by an administrative authority, the trademark administration department under the State Council may suspend the examination or hearing. Once the grounds for suspension cease to exist, the examination or hearing procedure shall be resumed in a timely manner.

Article 42  Where an applicant for trademark registration or a registrant discovers an obvious error in the application documents or registration documents, it may apply for correction. The trademark administration department under the State Council shall make the correction within the scope of its statutory authority and shall notify the party concerned.

The correction of errors referred to in the preceding paragraph shall not involve the substantive content of the application documents or registration documents.

Chapter V  Renewal, Alteration, Assignment and Cancellation of Registered Trademarks

Article 43  The term of validity of a registered trademark shall be ten years, calculated from the date of approval of registration.

Article 44  Where a registered trademark needs to continue to be used after the expiration of its term of validity, the registrant shall, in accordance with the relevant provisions, complete renewal formalities within twelve months prior to the expiration of the term; where the formalities are not completed within that period, a grace period of six months may be granted. The term of validity of each renewed registration shall be ten years, calculated from the day following the expiration of the preceding term of validity of the trademark. Where renewal formalities are not completed upon expiration of the grace period, the registered trademark shall be cancelled.

The trademark administration department under the State Council shall publish an announcement of trademarks for which renewal registration has been granted.

Article 45  Where a registered trademark needs to alter the name, address, or other registered particulars of its registrant, an application for alteration shall be filed.

Article 46  Where a registered trademark is assigned, the assignor and the assignee shall enter into an assignment agreement and shall jointly file an application with the trademark administration department under the State Council. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

Where a registered trademark is assigned, the trademark registrant shall assign together therewith any similar trademark it has registered in respect of the same goods, or any identical or similar trademark it has registered in respect of similar goods.

Where an assignment is likely to cause confusion or has other adverse effects, the trademark administration department under the State Council shall not approve it, and shall notify the applicant in writing, stating the reasons therefor.

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

Article 47  Where a collective mark or certification mark is assigned, the assignee shall possess the corresponding qualifications and capacity for supervision.

Article 48  Where a trademark registrant applies to cancel its registered trademark, or to cancel the registration of its trademark in respect of part of the designated goods, and the trademark administration department under the State Council approves such cancellation, an announcement shall be published; the exclusive right to use the registered trademark, or its effect in respect of such part of the designated goods, shall terminate from the date of the announcement.

Article 49  Where a trademark registrant applies to cancel its registered trademark, the trademark administration department under the State Council shall, within one year from the date of the cancellation announcement, refuse to approve another person's application for registration of an identical or similar trademark in respect of the same or similar goods.

Chapter VI  Invalidation of Registered Trademarks

Article 50  Where a registered trademark violates Article 15, the first paragraph of Article 16, Articles 17 through 19, or Article 25 of this Law, the trademark administration department under the State Council shall declare the registered trademark invalid; any other entity or individual may also request the trademark administration department under the State Council to declare the registered trademark invalid.

Where the trademark administration department under the State Council makes a decision declaring a registered trademark invalid, it shall notify the party concerned in writing. Where the party disagrees, it may apply for review within fifteen days from the date of receipt of the notice. The trademark administration department under the State Council shall make a decision within nine months from the date of receipt of the application and shall notify the party in writing. Where there are special circumstances requiring an extension, the period may be extended by three months upon approval by the person in charge of the trademark administration department under the State Council. Where the party disagrees with the review decision, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice.

Where another entity or individual requests the trademark administration department under the State Council to declare a registered trademark invalid, the trademark administration department under the State Council shall, upon receipt of the request, notify the parties concerned in writing and set a time limit for the submission of a defense. The trademark administration department under the State Council shall, within nine months from the date of receipt of the request, render a ruling either to maintain the registered trademark or to declare it invalid, and shall notify the parties in writing. Where there are special circumstances requiring an extension, the period may be extended by three months upon approval by the person in charge of the trademark administration department under the State Council. Where a party disagrees with the ruling of the trademark administration department under the State Council, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposing party in the trademark ruling proceedings to participate in the proceedings as a third party.

Article 51  Where a registered trademark violates Articles 20 through 22, the first paragraph of Article 23, or Article 24 of this Law, a prior right holder or interested party may, within five years from the date of registration of the trademark, request the trademark administration department under the State Council to declare the registered trademark invalid. With respect to a trademark registered in bad faith, the holder of a well-known trademark shall not be subject to the five-year time limit.

Upon receipt of a request for a declaration of invalidity of a registered trademark, the trademark administration department under the State Council shall notify the parties concerned in writing and set a time limit for the submission of a defense. The trademark administration department under the State Council shall, within twelve months from the date of receipt of the request, render a ruling either to maintain the registered trademark or to declare it invalid, and shall notify the parties in writing. Where there are special circumstances requiring an extension, the period may be extended by six months upon approval by the person in charge of the trademark administration department under the State Council. Where a party disagrees with the ruling of the trademark administration department under the State Council, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice. The people's court shall notify the opposing party in the trademark ruling proceedings to participate in the proceedings as a third party.

Article 52  Where, upon expiration of the statutory time limit, a party fails to apply for review of a decision of the trademark administration department under the State Council declaring a registered trademark invalid, or fails to institute legal proceedings in a people's court against a review decision, or against a ruling maintaining a registered trademark or declaring it invalid, the decision or ruling of the trademark administration department under the State Council shall take effect.

Article 53  Where a registered trademark is declared invalid in accordance with Article 50 or 51 of this Law, the trademark administration department under the State Council shall publish an announcement thereof, and the exclusive right to use the registered trademark shall be deemed never to have existed.

A decision or ruling declaring a registered trademark invalid shall have no retroactive effect on a judgment, ruling, or mediation document rendered and already enforced by a people's court in a trademark infringement case prior to the declaration of invalidity, on a disposition decision already enforced by a department responsible for trademark law enforcement in a trademark infringement case, or on a trademark assignment or licensing contract already performed; provided that compensation shall be paid for any loss caused to another person by the bad faith of the trademark registrant.

Where failure to refund trademark infringement damages, trademark assignment fees, or trademark licensing fees pursuant to the preceding paragraph would obviously violate the principle of fairness, such amounts shall be refunded in whole or in part.

Chapter VII  Administration of Trademarks

Article 54  Where an applicant for trademark registration commits any of the following acts of malicious application for trademark registration, causing an adverse effect, the department responsible for trademark law enforcement shall issue a warning and may, in addition, impose a fine of up to RMB 100,000:

(1) applying for registration of a sign as a trademark while knowing that it violates Article 15 or the first paragraph of Article 16 of this Law;

(2) applying for trademark registration in violation of Article 19 of this Law; or

(3) intentionally applying for trademark registration in violation of Article 21, 22, or 24 of this Law.

Article 55  A trademark registrant may use the trademark itself, or may, by entering into a trademark licensing contract, license another person to use its registered trademark. The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used. Where the licensee fails to perform its quality-guarantee obligation, the licensor shall have the right to terminate the trademark licensing contract.

Where a registered trademark of another person is used under license, the name of the licensee and the place of origin of the goods must be indicated on the goods on which the registered trademark is used.

Where a person licenses another to use its registered trademark, the licensor shall file the trademark license with the trademark administration department under the State Council for the record, and the trademark administration department under the State Council shall publish an announcement thereof. A trademark license that has not been filed for the record may not be asserted against a bona fide third party.

Article 56  Where a registered trademark is used in a manner that misleads the public, the department responsible for trademark law enforcement shall order the violator to rectify the matter within a prescribed time limit; where the amount of illegal turnover is RMB 50,000 or more, a fine of up to five times the amount of illegal turnover may be imposed; where there is no illegal turnover or the illegal turnover is less than RMB 50,000, a fine of up to RMB 250,000 may be imposed. Where the violator fails to make the rectification within the time limit, the trademark administration department under the State Council shall cancel the registered trademark.

Article 57  Where, in the course of using a registered trademark, the trademark registrant alters, on its own, the registered trademark, the name or address of the registrant, or other registered particulars, the department responsible for trademark law enforcement shall order the registrant to rectify the matter within a prescribed time limit; where the registrant fails to do so within the time limit, a fine of up to RMB 50,000 shall be imposed; where the circumstances are serious, the trademark administration department under the State Council shall cancel the registered trademark.

Where a registered trademark has become the generic name of the goods for which it was approved, or has not been used for three consecutive years without justifiable reason, any entity or individual may apply to the trademark administration department under the State Council for cancellation of the registered trademark. The trademark administration department under the State Council shall make a decision within nine months from the date of receipt of the application. Where there are special circumstances requiring an extension, the period may be extended by three months upon approval by the person in charge of the trademark administration department under the State Council.

Where a registered trademark falls under the circumstances described in the preceding paragraph, the trademark administration department under the State Council may cancel the registered trademark. The specific measures therefor shall be prescribed by the trademark administration department under the State Council.

Article 58  Where a party disagrees with a decision of the trademark administration department under the State Council to cancel or not to cancel a registered trademark, it may apply to the trademark administration department under the State Council for review within fifteen days from the date of receipt of the notice. The trademark administration department under the State Council shall make a decision within nine months from the date of receipt of the application and shall notify the party in writing. Where there are special circumstances requiring an extension, the period may be extended by three months upon approval by the person in charge of the trademark administration department under the State Council. Where the party disagrees with the review decision, it may institute legal proceedings in a people's court within thirty days from the date of receipt of the notice.

Article 59  Where, upon expiration of the statutory time limit, a party fails to apply for review of a decision of the trademark administration department under the State Council to cancel a registered trademark, or fails to institute legal proceedings in a people's court against a review decision, the decision to cancel the registered trademark or the review decision shall take effect.

The trademark administration department under the State Council shall publish an announcement of a cancelled registered trademark, and the exclusive right to use the registered trademark shall terminate from the date of the announcement.

Article 60  Where the registrant of a collective mark or certification mark commits any of the following acts, the department responsible for trademark law enforcement shall order it to rectify the matter within a prescribed time limit; where it fails to do so within the time limit, a fine of up to RMB 10,000 shall be imposed; where the circumstances are serious, a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed:

(1) being remiss in performing trademark administration duties, thereby causing harm to consumers;

(2) the registrant of a collective mark refusing, without justifiable reason, to permit a member of its organization to use the collective mark, or the registrant of a certification mark refusing, without justifiable reason, to license a qualified applicant to use the certification mark; or

(3) exercising the exclusive right to use the registered trademark in violation of this Law, the relevant administrative regulations or relevant State provisions, thereby causing an adverse effect.

Article 61  Where Article 8 of this Law is violated, the department responsible for trademark law enforcement shall order the violator to apply for registration within a prescribed time limit; where the amount of illegal turnover is RMB 50,000 or more, a fine of up to 20 percent of the amount of illegal turnover may be imposed; where there is no illegal turnover or the illegal turnover is less than RMB 50,000, a fine of up to RMB 10,000 may be imposed.

Article 62  Where an unregistered trademark is passed off as a registered trademark, or an unregistered trademark is used in violation of Article 15 or the first paragraph of Article 16 of this Law, the department responsible for trademark law enforcement shall order the violator to rectify the matter within a prescribed time limit; where the amount of illegal turnover is RMB 50,000 or more, a fine of up to 20 percent of the amount of illegal turnover may be imposed; where there is no illegal turnover or the illegal turnover is less than RMB 50,000, a fine of up to RMB 10,000 may be imposed.

Article 63  Where the holder of a trademark well known to the relevant public considers its rights to have been infringed, it may request protection as a well-known trademark in accordance with the provisions of this Law.

In the course of examining and hearing a trademark registration matter, or investigating and handling a case of trademark violation or unfair competition, where a party lawfully asserts its rights, the trademark administration department under the State Council may, as needed for the handling of the case, make a determination as to whether the trademark is well known.

In the course of hearing a civil case, administrative case, or unfair competition case involving a trademark, where a party lawfully asserts its rights, a people's court designated by the Supreme People's Court may, as needed for the hearing of the case, make a determination as to whether the trademark is well known.

A determination as to whether a trademark is well known shall, upon the request of a party, be made as a finding of fact necessary for handling the trademark case concerned. In determining whether a trademark is well known, the following factors shall be comprehensively considered:

(1) the degree of recognition of the trademark among the relevant public;

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

(3) the duration, extent and geographical scope of any promotional work for the trademark;

(4) the record of protection accorded to the trademark, in particular any record of protection as a well-known trademark; and

(5) other factors relevant to the trademark being well known.

Article 64  No producer or trader may use the words “well-known trademark” on goods, the packaging or containers of goods, or in advertising, exhibitions, or other commercial activities.

Where the preceding paragraph is violated, the department responsible for trademark law enforcement shall order rectification and impose a fine of up to RMB 100,000.

Article 65  Trademark agencies and their practitioners shall adhere to the principle of good faith, comply with laws and administrative regulations, abide by professional ethics and practice discipline, perform their duties of diligence, safeguard the lawful rights and interests of their clients, and shall not engage in, or assist a client in engaging in, any act that harms State interests, the public interest, or the lawful rights and interests of others.

A trademark agency shall handle an application for trademark registration or other trademark matters in accordance with its client's mandate, and shall be under an obligation of confidentiality with respect to the client's trade secrets learned in the course of the agency relationship; where a trademark for which a client applies for registration may fall under a circumstance in which registration is prohibited under this Law, the trademark agency shall clearly notify the client thereof.

A trademark agency practitioner shall handle trademark agency business as assigned by the trademark agency, and may not accept a mandate on its own. A trademark agency practitioner may not engage in trademark agency business for two or more trademark agencies at the same time. A trademark agency practitioner shall be responsible for the trademark agency business it handles under its own signature.

A trademark agency shall file the relevant information of the agency and its trademark agency practitioners with the trademark administration department under the State Council for the record. The departments at all levels responsible for trademark administration and trademark law enforcement shall strengthen the administration of trademark agencies and their practitioners.

Article 66  A trademark agency industry organization is a self-regulatory organization of the trademark agency industry.

A trademark agency industry organization shall, in accordance with its charter, strictly implement the conditions for admitting members, strengthen industry self-regulation, formulate industry self-regulatory norms and disciplinary rules, conduct business training and education on professional ethics and practice discipline, organize and guide its members to engage in trademark agency business in accordance with laws and regulations, continuously improve the standard of industry services, and impose discipline on members who violate the industry self-regulatory norms. A trademark agency industry organization shall promptly disclose to the public information concerning the admission of members and the imposition of discipline.

Article 67  Where a trademark agency commits any of the following acts, the department responsible for trademark law enforcement shall order it to rectify the matter within a prescribed time limit and impose a fine of not less than RMB 10,000 but not more than RMB 100,000; where the circumstances are serious, a fine of not less than RMB 100,000 but not more than RMB 200,000 shall be imposed; the directly responsible person in charge and other directly responsible personnel shall be given a warning and fined not less than RMB 5,000 but not more than RMB 50,000, or, where the circumstances are serious, not less than RMB 50,000 but not more than RMB 100,000:

(1) forging, altering, or using a forged or altered legal document, seal, or signature in the course of handling trademark matters;

(2) soliciting trademark agency business by fraud, deception, or defamation of other trademark agencies, or by other such means;

(3) accepting, in the same trademark case, the mandate of both parties whose interests conflict with each other;

(4) accepting a client's mandate while knowing or having reason to know that the trademark for which the client applies for registration falls under a circumstance described in Article 15, the first paragraph of Article 16, or Article 19, 21, 22, or 24 of this Law;

(5) violating Article 25 of this Law, or committing an act described in Article 54 of this Law; or

(6) disrupting order in the trademark agency market by other improper means.

Where a trademark agency commits an act described in the preceding paragraph and the circumstances are serious, the trademark administration department under the State Council may decide to stop accepting its trademark agency business and shall publish an announcement thereof.

Where a trademark agency fails to file for the record as required by law, the department responsible for trademark law enforcement shall order it to rectify the matter within a prescribed time limit; where it fails to do so within the time limit, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed.

Where a trademark agency, in violation of the principle of good faith, fails to perform its duty of diligence and thereby prejudices the lawful interests of its client, it shall bear civil liability in accordance with law, and shall be subject to discipline by the trademark agency industry organization in accordance with its charter.

Article 68  Where a trademark agency practitioner commits any of the following acts, the department responsible for trademark law enforcement shall order it to rectify the matter within a prescribed time limit, issue a warning, and impose a fine of not less than RMB 5,000 but not more than RMB 50,000; where the circumstances are serious, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed:

(1) accepting a mandate to handle trademark agency business on its own;

(2) engaging in trademark agency business for two or more trademark agencies at the same time; or

(3) other acts that seriously disrupt order in the trademark agency market.

Article 69  Where, in the course of an examination, hearing, or handling of a trademark case in connection with a trademark registration outside China, it is necessary to prove that a trademark is well known to the relevant public within China, the trademark administration department under the State Council may, upon the request of a party, make a determination as to whether the trademark is well known in accordance with Article 63 of this Law.

Where a person, by fraud or other improper means, handles an application for trademark registration outside China or other trademark matters on behalf of a client within China, thereby harming the interests of the client, or State interests, the public interest, or the lawful rights and interests of others, the matter shall be handled and penalized in accordance with Article 67 of this Law.

Article 70  With respect to violations of law such as using a registered trademark in a manner that misleads the public or infringing the exclusive right to use a registered trademark, any entity or individual shall have the right to lodge a complaint or report with the department responsible for trademark administration or trademark law enforcement.

Chapter VIII  Protection of the Exclusive Right to Use a Registered Trademark

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.

Article 72  Any of the following acts shall constitute infringement of the exclusive right to use a registered trademark:

(1) using, without the authorization of the trademark registrant, a trademark identical to its registered trademark on the same goods;

(2) using, without the authorization of the trademark registrant, a trademark similar to its registered trademark on the same goods, or a trademark identical or similar to its registered trademark on similar goods, where such use is likely to cause confusion;

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

(4) counterfeiting or making, without authorization, representations of another person's registered trademark, or selling counterfeited or unauthorized representations of a registered trademark;

(5) replacing, without the consent of the trademark registrant, the registered trademark on goods and reintroducing the goods bearing the replaced trademark into the market;

(6) intentionally providing facilitating conditions for an act infringing another person's exclusive right to use a registered trademark, or assisting another person in committing such an act of infringement; or

(7) otherwise causing harm to another person's exclusive right to use a registered trademark.

Article 73  The holder of the exclusive right to use a registered trademark shall have no right to prohibit another person's legitimate use of the generic name, design, or model number of the goods concerned that is contained in the registered trademark, or of a geographical name contained therein, or of any element directly indicating the kind, nature, quality, main raw materials, function, intended use, weight, quantity, value, geographical origin or other characteristics of the goods.

The holder of the exclusive right to use a registered trademark consisting of a three-dimensional sign, a combination of colors, a sound, a motion mark or the like shall have no right to prohibit another person's legitimate use of any shape, combination of colors, sound, or motion effect contained therein that results solely from the nature of the goods themselves, that is necessary to obtain a technical effect, or that gives the goods substantial value.

The holder of the exclusive right to use a registered trademark shall have no right to prohibit another person's legitimate use of the relevant registered trademark solely for the purpose of indicating information such as the intended use, applicable subjects, or application scenarios of the goods provided, or of indicating the true origin thereof, except where such use is likely to cause confusion.

Where, prior to the trademark registrant's application for trademark registration, another person has already used, on the same or similar goods, a trademark identical or similar to the registered trademark and having acquired a certain influence, earlier than the trademark registrant, the holder of the exclusive right to use the registered trademark shall have no right to prohibit that user from continuing to use the trademark within the original scope of use, but may require that user to add an appropriate distinguishing mark.

Article 74  Where a dispute arises from the commission of any of the acts of infringement of the exclusive right to use a registered trademark listed in Article 72 of this Law, the parties may resolve it through negotiation; where they are unwilling to negotiate, or negotiation fails, the trademark registrant or an interested party may institute legal proceedings in a people's court, or may request the department responsible for trademark law enforcement to handle the matter.

Where the department responsible for trademark law enforcement, in handling the matter, determines that the infringement is established, it shall order the immediate cessation of the infringing act, confiscate the infringing goods and the tools mainly used to manufacture the infringing goods or counterfeit representations of the registered trademark, and, where the amount of illegal turnover is RMB 50,000 or more, may additionally impose a fine of up to five times the amount of illegal turnover, or, where there is no illegal turnover or the illegal turnover is less than RMB 50,000, may additionally impose a fine of up to RMB 250,000. Where a person has committed trademark infringement two or more times within five years, or other serious circumstances exist, a heavier penalty shall be imposed. Where a person sells goods without knowing that they infringe the exclusive right to use a registered trademark, and can prove that it lawfully acquired the goods and identify the supplier, the department responsible for trademark law enforcement shall order it to stop the sale.

With respect to a dispute over the amount of compensation for infringement of the exclusive right to use a registered trademark, the parties may request mediation by the department responsible for trademark law enforcement, or may institute legal proceedings in a people's court in accordance with the Civil Procedure Law of the People's Republic of China. Where, after mediation by the department responsible for trademark law enforcement, the parties fail to reach an agreement, or fail to perform the mediation document after it takes effect, the parties may institute legal proceedings in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 75  The department responsible for trademark law enforcement shall have the power to investigate and handle, in accordance with law, acts that infringe the exclusive right to use a registered trademark.

Where an infringement of the exclusive right to use a registered trademark is suspected of constituting a crime, the department responsible for trademark law enforcement shall promptly refer the case to the public security authority for handling in accordance with law; where criminal liability need not be pursued in accordance with law, or criminal punishment is to be waived, but administrative punishment should be imposed, the public security authority, the people's procuratorate, or the people's court shall promptly refer the case to the department responsible for trademark law enforcement for handling in accordance with law. Where the public security authority, the people's procuratorate, or the people's court requests the department responsible for trademark law enforcement and the department responsible for trademark registration and administration to provide professional support, an opinion on determination, or assistance such as the harmless disposal of infringing goods, the relevant departments shall promptly provide such assistance.

Article 76  Where the department responsible for trademark law enforcement, on the basis of evidence of a suspected violation already obtained or a complaint or report received, investigates and handles a suspected act of infringement of another person's exclusive right to use a registered trademark, it may exercise the following powers:

(1) to question the parties concerned and investigate matters relating to the infringement of another person's exclusive right to use a registered trademark;

(2) to consult and copy contracts, invoices, account books, receipts, documents, records, business correspondence, audio-visual materials, electronic data, and other relevant materials of the parties relating to the infringing activity;

(3) to conduct on-site inspections of premises where a party is suspected of engaging in activity infringing another person's exclusive right to use a registered trademark;

(4) to inspect articles relating to the infringing activity; and, where there is evidence proving that an article infringes another person's exclusive right to use a registered trademark, to seal up or seize it; and

(5) where evidence might be destroyed or lost, or might become difficult to obtain later, to register and preserve such evidence in advance.

Where the department responsible for trademark law enforcement exercises the powers set forth in the preceding paragraph in accordance with law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

In the course of investigating and handling a case of trademark infringement, where a dispute exists over the ownership of the trademark right, or the right holder has simultaneously instituted a trademark infringement action in a people's court, the department responsible for trademark law enforcement may suspend its investigation and handling of the case. Once the grounds for suspension cease to exist, the case investigation and handling procedure shall be resumed or terminated.

Article 77  The amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined according to the actual loss suffered by the right holder as a result of the infringement, or the profit gained by the infringer as a result of the infringement; where the loss suffered by the right holder or the profit gained by the infringer is difficult to determine, the amount shall be reasonably determined by reference to a multiple of the trademark's licensing fee. Where the infringement of the exclusive right to use a registered trademark is intentional and the circumstances are serious, the amount of compensation may be determined at not less than one time and not more than five times the amount determined according to the foregoing methods.

Where, in order to determine the amount of compensation, the right holder has made its best efforts to produce evidence, and the account books and materials relating to the infringing act are mainly in the possession of the infringer, the people's court may order the infringer to produce the account books and materials relating to the infringing act; where the infringer fails to produce them, or produces false account books or materials, the people's court may determine the amount of compensation by reference to the claims and evidence provided by the right holder.

Where the actual loss suffered by the right holder as a result of the infringement, the profit gained by the infringer as a result of the infringement, or the licensing fee for the registered trademark are difficult to determine, the people's court shall render a judgment awarding compensation of up to RMB 5,000,000, having regard to the circumstances of the infringing act.

The amount of compensation shall also include the reasonable expenses incurred by the right holder in putting a stop to the infringing act.

In hearing a trademark dispute case, a people's court shall, upon the request of the right holder, order the destruction of goods bearing a counterfeit registered trademark, except in special circumstances; shall order the destruction, without compensation, of materials and tools used mainly to manufacture goods bearing a counterfeit registered trademark; or, in special circumstances, shall order such materials and tools to be prohibited from entering commercial channels, without compensation.

Goods bearing a counterfeit registered trademark may not enter commercial channels merely upon removal of the counterfeit registered trademark.

Article 78  Where the holder of the exclusive right to use a registered trademark claims compensation, and the alleged infringer raises a defense that the right holder has not used the registered trademark, the people's court may require the holder of the exclusive right to use the registered trademark to produce evidence of its actual use of the registered trademark within three years prior to the occurrence of the infringing act. Where the holder of the exclusive right to use the registered trademark is unable to prove actual use of the registered trademark within the preceding three years, and is also unable to prove that it suffered other loss as a result of the infringing act, the alleged infringer shall not be liable for compensation.

Where a person sells goods without knowing that they infringe the exclusive right to use a registered trademark, and can prove that it lawfully acquired the goods and identify the supplier, it shall not be liable for compensation.

Article 79  Where a trademark registrant or an interested party has evidence proving that another person is committing or is about to commit an act infringing its exclusive right to use a registered trademark, and that failure to stop such act promptly would cause irreparable harm to its lawful rights and interests, it may, prior to instituting legal proceedings, apply to a people's court in accordance with law for an order to cease the relevant act and for property preservation measures.

Article 80  In order to put a stop to an infringing act, where evidence might be destroyed or lost, or might become difficult to obtain later, a trademark registrant or an interested party may, prior to instituting legal proceedings, apply to a people's court in accordance with law for evidence preservation.

Article 81  Where a trademark action is instituted by malicious collusion, unilateral fabrication of basic facts, or other such means, the people's court shall impose punishment in accordance with law; where loss is caused to the opposing party, civil liability shall be borne in accordance with law.

Article 82  Public officials engaged in trademark registration, administration, and enforcement work must enforce the law impartially, maintain integrity and self-discipline, be devoted to their duties, and provide civilized service.

The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement, as well as the public officials engaged in trademark registration, administration, and enforcement work, may not engage in trademark agency business or in the production and business operation of goods.

Article 83  The departments responsible for trademark registration and administration and the departments responsible for trademark law enforcement shall establish and improve internal oversight systems, and shall supervise and inspect the compliance, by public officials engaged in trademark registration, administration, and enforcement work, with laws, administrative regulations, and discipline.

Article 84  Where a public official engaged in trademark registration, administration, or enforcement work, in violation of this Law, engages in trademark agency business or in the production and business operation of goods, or abuses authority, neglects duty, or engages in malpractice for personal gain, and any of the following circumstances applies, the official shall be subject to disciplinary sanction in accordance with law:

(1) approving trademark registration for a trademark that does not meet the conditions for registration, thereby causing an adverse effect;

(2) failing to make a decision such as an order of rectification or an administrative penalty that should have been made in accordance with law;

(3) failing to perform trademark administration or law enforcement duties in accordance with law upon discovering an illegal act or receiving a complaint or report; or

(4) other acts for which disciplinary sanction should be imposed in accordance with law.

Article 85  Where a violation of this Law constitutes a crime, criminal liability shall be pursued in accordance with law.

Chapter IX  Supplementary Provisions

Article 86  Fees shall be paid for filing an application for trademark registration and handling other trademark matters; the specific fee schedule shall be separately prescribed.

Article 87  This Law shall come into force on January 1, 2027.

Trademarks already registered prior to the effective date of this Law shall remain valid.