Trademark Law of the People's Republic of China (Amended in 1993)

Trademark Law of the People's Republic of China (Amended in 1993)

Order of the President of People's Republic of China No.69

August 23, 1982

Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter IIIExamination for and Approval of Trademark Registration
Chapter IV Renewal, Assignment and Licensing of RegisteredTrademarks
Chapter V Adjudication of Disputes Concerning Registered Trademarks
Chapter VI Administration of the Use of Trademarks
Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use a trademark, and of encouraging producers to guarantee the quality of their goods and maintain the reputation of their trademarks, with a view to protecting consumers' interests and to promoting the development of socialist commodity economy.

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

Article 3 A registered trademark means a trademark that has been approved and registered by the Trademark Office. The trademark registrant shall enjoy an exclusive right to use the trademark, which shall be protected by law.

Article 4 Any enterprise, institution, or individual producer or trader, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the goods trademark with the Trademark Office.
Any enterprise, institution, or individual producer or trader, intending to acquire the exclusive right to use a service mark for the services provided by it or him, shall file an application for the registration of the service mark with the Trademark Office.
The provisions made in this Law concerning goods trademarks shall apply to service marks.

Article 5 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be sold on the market.

Article 6 Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, exercise supervision over the quality of the goods and shall stop any practice that deceives consumers.

Article 7 Any word, device or their combination that is used as a trademark shall be so distinctive as to be distinguishable. Where a registered trademark is used, it shall carry the indication of "Registered Trademark" or a sign indicating that it is registered.

Article 8 In trademarks, the following words or devices shall not be used:
1. those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China;
2. those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries;
3. those identical with or similar to the flags, emblems or names, of international intergovernmental organizations;
4. those identical with or similar to the symbols, or names, of the Red Cross or the Red Crescent;
5. those relating to generic names or designs of the goods in respect of which the trademark is used;
6. those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademark is used;
7. those having the nature of discrimination against any nationality;
8. those having the nature of exaggeration and fraud in advertising goods;
9. those detrimental to socialist morals or customs, or having other unhealthy influences.
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