中华人民共和国商标法(中英)

rposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and to promoting the development of socialist market 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. The administrative authority for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board which shall be responsible for handling matters of trademark disputes.

　　Article 3. A registered trademark, include a trademark for goods, a service mark, a collective mark and a certification mark, refers to a trademarks that have been approved and registered by the Trademark Office. The trademark registrants shall enjoy the exclusive right to use the marks, which shall be protected by law. In this law, a collective mark refers to a mark which is registered in the name of a group, an association or any other organization and to be used by its members in their commercial activities to indicate their membership. In this law, a certification mark refers to a mark which is controlled by an organization capable of supervision a particular type of goods or service which is used in respect of goods or services by other organizations or individuals who do not belong to the said organization, with a view to certifying the origin, raw material, mode of manufacture of goods or performance of services, quality or other characteristics of the goods or services. Rules for the particular matters of registration and administration of collective and certification marks shall be promulgated by the administrative authority for industry and commerce under the State Council.

　　Article 4. Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by him or it, shall file an application for the registration of the trademark with the Trademark Office.

　　Any natural person, leg

al person or other organization, intending to acquire the exclusive right to use a service mark for the service provided by him or it, shall file an application for the registration of the service mark with the Trademark Office.

　　Provisions made in this law concerning trademarks shall apply to service marks.

　　Article 5. Two or more natural persons, legal entities or other organizations may jointly file an application for the registration for the same trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark.

　　Article 6. 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 marketed.

　　Article 7. The 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, stop any practice that deceives consumers.

　　Article 8. Any visual sign capable of distinguishing the goods or service of one natural person, legal person or any other organization from those of others, including words, devices, letters of numerals, three-dimensional symbols, combinations of colors or any combination of the above elements may be applied for the registration of a trademark.

　　Article 9. Where a trademark is applied for registration, it shall be so distinctive as to be distinguishable and it shall not conflict with any other legal rights acquired earlier by others.

　　The registrant of a trademark has the right to use the words of "registered trademark" or other registration sign to indicate that his or its trademark is registered.

　　Article 10. The following words or devices shall not be used as trademarks:

　　(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; and those identical with the names of particular venues where the Central State government organizations are located, or with the names or graphs of the symbolic buildings or the Central State government organizations;

　　(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that consent has been given by the relevant country's government;

　　(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;

　　(4) those identical with or similar to official signs and hallmarks indicating control and warranty, except that the use thereof is otherwise authorized;

　　(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;

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

　　(7) those having the nature of exaggeration and fraud in advertising goods or services;

　　(8) those detrimental to socialist morals or customs, or having other unhealthy influences.

　　The geographical names as the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or as an element of a collective mark or a certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

　　Article 11. The following signs shall not be registered as a trademark:

　　(1) those which consist exclusively of generic names, designs or models of the goods in respect

of which the trademark is used;

　　(2) those which consist exclusively of signs or indications that have direct reference to the quality, main raw materials, function, intended purpose, weight, quantity or other characteristics of goods or services;

　　(3) those which are devoid of any distinctive character.

　　Where trademarks under the preceding paragraphs have acquired distinctiveness through use and become easily distinguishable, they may be registered as trademarks.

　　Article 12. Where a three-dimensional sign is applied for the registration of a trademark, it shall not be registered if it consists exclusively of the shape which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods.

　　Article 13. A trademark that is applied for registration in identical or similar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of another party's well-known mark that is not registered in China and it is liable to create confusion.

　　A trademark that is applied for registration in non-identical or dissimilar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of a well-known mark which is registered in China, misleads the public, and the interests of the registrant of the well-known mark are likely to be damaged by such use.

　　Article 14. In determining whether a mark is well-known or not, the following factors shall be considered:

　　(1) the degree of knowledge of the relative public;

　　(2) the duration of use;

　　(3) the duration of time, degree and geographical range of any publicity of the mark;

　　(4) any record of the mark being protected as a well-known mark;

　　(5) other factors which makes the mark well-known.

　　Article 15. Where the agent or representative of a person who is the owner of a mark applies, without such owner's authorization, for the registration of the mark in his own name, if the owner opposes the registration applied for, the application shall be refused and the use of the mark shall be prohibited.

　　Article 16. Where a trademark contains or consists of a geographic indication which respect to goods not originating in the place indicated, misleading the public as to the true place of origin, the application for registration shall be refused and the use of the mark shall be prohibited. But for those marks that have obtained registration in good faith shall continue to be valid.

　　Geographical indications mentioned in the preceding paragraph are indications that identify a particular good as origination in a region, where a given quality, reputation or other characteristic of the goods is essentially attributable to its natural or human factors.

　　Article 17. Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.

　　Article 18. Any foreigner or foreign enterprise intending to apply for the registration of a tr

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