中华人民共和国商标法（修正） Trademark Law of the Peoples Republic of China

（Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23， 1982， and amended in accordance with the Decision on Revising the Trademark Law of the People's Republic of China adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22， 1993）
时效性：已被修正　 颁布日期：19930222 　实施日期：19830301 　失效日期：20011201 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Application for Trademark Registration

　　Chapter III Examination and Approval of Trademark Registration

　　Chapter IV Renewal， Assignment and Licensing of Registered Trademarks

　　Chapter V Determination of Disputes Concerning Registered Trademarks

　　Chapter VI Administrative Control of the Use of Trademarks

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

　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated for the purpose of improving the administration of trademarks， protecting the right to exclusive use of trademarks and encouraging producers to guarantee the quality of their goods and maintain the reputation of their trademarks， so as to protect the interests of consumers and promote the development of the socialist commodity economy.

　　Article 2 The Trademark Office of the administrative department for industry and commerce under the State Council shall be in charge of the work of trademark registration and administration throughout the country.

　　Article 3 Registered trademarks are those that have been approved and registered by the Trademark Office. Trademark registrants shall enjoy the right to exclusive use of their trademarks and shall be protected by law.

　　Article 4 Any enterprise， institution or self-employed industrialist or businessman that needs to acquire the right to exclusive use of a trademark for the goods it or he produces， manufactures， processes， selects or markets shall file an application for registration of goods trademark with the Trademark Office.

　　Any enterprise， institution or self-employed industrialist or businessman that needs to acquire the right to exclusive use of a trademark for the services it or he provides shall file an application for registration of service trademark with the Trademark Office.

　　Provisions regarding the goods trademarks in this Law shall be applicable to service trademarks.

　　Article 5 With respect to goods that the State has designated as requiring the use of a registered trademark， an application for trademark registration must be filed； the goods may not be sold on the market before registration is granted.

　　Article 6 The user of a trademark shall be responsible for the quality of the goods on which the trademark is used. The administrative departments for industry and commerce at all levels shall， by means of trademark administration， exercise supervision over the quality of goods and stop any practice that deceive consumers.

　　Article 7 Any word or design， or combination thereof， used as a trademark， shall have distinctive characteristics so as to facilitate identification. Wherever a registered trademark is used， it shall bear the words “Registered trademark” or a sign indicating that it is registered.

　　Article 8 The following words or designs may not be used in trademarks：

　　（1） those identical with or similar to the national name， national flag， national emblem， military flag or medals of the People's Republic of China；

　　（2） those identical with or similar to the national name， national flag， national emblem or military flag of any foreign country；

　　（3） those identical with or similar to the flag， emblem or name of any intergovernmental international organization；

　　（4） those identical with or similar

to the symbol or name of the Red Cross or the Red Crescent；

　　（5） the generic name or design of the goods concerned；

　　（6） those directly indicating the quality， main raw materials， function， use， weight， quantity or other characteristics of the goods concerned；

　　（7） those having the nature of discrimination against any nationality；

　　（8） those constituting exaggerated and deceitful advertising； and

　　（9） those detrimental to socialist morality or customs， or having other harmful influences.

　　Geographic names of administrative divisions at or above the county level or foreign geographic names known to the public shall not be used as trademarks， with the exception， however， of those geographic names having other meanings. Registered trademarks in which geographic names are used shall remain valid.

　　Article 9 Where a foreigner or foreign enterprise 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.

　　Article 10 Where a foreigner or foreign enterprise applies for trademark registration or deals with other trade mark matters in China， it shall entrust an organization designated by the Chinese Government to act on its behalf.

　　Chapter II Application for Trademark Registration

　　Article 11 An applicant for trademark registration shall report， in accordance with the prescribed classification of goods， the class of the goods and the designation of the goods on which the trademark is to be used.

　　Article 12 If an applicant intends to use the same trademark on goods in different classes， it or he shall submit applications for registration in accordance with the classification of goods.

　　Article 13 If a registered trademark needs to be used on other goods of the same class， a new application for registration shall be filed.

　　Article 14 If any word or design of a registered trademark needs to be changed， a new application for registration shall be filed.

　　Article 15 If a change needs to be made in the name， address or any other registered matter concerning the registrant of a registered trademark， an application to make the change shall be filed.

　　Chapter III Examination and Approval of Trademark Registration

　　Article 16 When an application has been made to register a trademark that is in conformity with the relevant provisions of this Law， the Trademark Office shall make a preliminary examination and approval of that trademark and shall publicly announce it.

　　Article 17 If an application has been made to register a trademark that is not in conformity with the relevant provisions of this Law or that is identical with or similar to another person's trademark which has already been registered or given preliminary examination and approval for use on the same kind of goods or similar goods， the Trademark Office shall reject the current application and shall not publicly announce that trademark.

　　Article 18 If two or more applicants apply for registration of identical or similar trademarks for the same kind of goods or similar goods， the trademark whose registration was first applied for shall be given preliminary examination and approval and shall be publicly announced； if the applications are filed on the same day， the trademark which was first used shall be given preliminary examination and approval and shall be publicly announced， and the applications of the others shall be rejected and shall not be publicly announced.

　　Article 19 Any person may file an opposition to a trademark which has been given preliminary examination and approval， within three months from the day it was publicly announced. If no opposition is f

iled， or if it is determined that the opposition is not justified， registration shall be granted， a trademark registration certificate shall be issued and the trade mark shall be publicly announced. If it is determined that the opposition is justified， no registration shall be granted.

　　Article 20 The administrative department for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board to be responsible for handling trademark disputes.

　　Article 21 When an application for trademark registration has been rejected and the trademark is not to be publicly announced， the Trademark Office shall notify the applicant in writing. If the applicant does not agree with the rejection， it may apply for a reexamination within 15 days after receiving the notification， and the Trademark Review and Adjudication Board shall make a final decision and notify the applicant in writing.

　　Article 22 If an opposition is filed against a trademark which has been given preliminary examination and approval and has been publicly announced， the Trademark Office shall hear the opponent's and the applicant's statements of the facts and reasons and shall， after investigation and verification， make a decision. If a party disagrees with the decision， it may apply for a reexamination within 15 days after receiving notification of the decision， and the Trademark Review and Adjudication Board shall make a final decision and notify the opponent and the applicant in writing.

　　Chapter IV Renewal， Assignment and Licensing of Registered Trademarks

　　Article 23 The period of validity of a registered trademark shall be ten years， counted from the day the registration is approved.

　　Article 24 If a registrant needs to continue to use the r

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