全国人民代表大会常务委员会关于修改《中华人民共和国商标法》的决定 附：第二次修正本 Decision of the Standing Committee of the National Peoples

　　Chapter V Determination of Disputes Concerning Registered Trademarks

　　Chapter VI Administrative Control of the Use of Trademarks

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

　　Chapter VIII Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted for the purpose of improving the administration of trademarks, protecting the exclusive right to the use of a trademark, and encouraging producers and dealers to guarantee the quality of their goods and services and preserve the credibility of trademarks, so as to protect the interests of consumers, producers and dealers and promote the development of the socialist market 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.

　　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 3 Registered trademarks refer to trademarks that are registered with the approval of the Trademark Office, including trademarks for goods and services, collective trademarks and certification trademarks. The owner of a registered trademark shall enjoy the exclusive right to the use of the trademark, which shall be protected by law.

　　For purposes of this Law, a collective trademark refers to one that is registered in the name of a group, association, or any other organization for use in business by its members to indicate membership.

　　For purposes of this Law, a certification trademark refers to one that is controlled by an organization which is capable of exercising supervision over a particular kind of goods or services and that is used by a unit other than the organization or by an individual for its or his goods or services, and is designed to certify the indications of the place of origin, raw materials, mode of manufacture, quality, or other specified properties of the said goods or services.

　　Particulars pertaining to the registration and administration of collective trademarks and certification trademarks shall be formulated by the administrative department for industry and commerce under the State Council.

　　Article 4 Any natural person, legal, person, or other organization that needs to acquire the exclusive right to the use of a trademark for the goods or he produces, manufactures, processes, selects, or markets shall file an application for registration of the trademark of the goods with the Trademark Office.

　　Any natural person, legal person, or other organization that need to acquire the exclusive right to the use of a service trademark for the services it or he provides shall file an application for registration of the service trademark with the Trademark Office.

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

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

　　Article 6 With respect to goods on which the State requires the use of a registered trademark, an application for trademark registration shall be filed; the goods may not be sold on the market before registration is granted.

　　Article 7 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, through the administration of trademarks, put an a

　　Article 8 Any visible sign that can serve to distinguish the goods of a natural person, legal person, or other organization from those of another, including any work, design, letter of the alphabet, numeral, three-dimensional symbol and color combination, or any combination of the above, may be made a trademark for application for registration.

　　Article 9 A trademark submitted for registration shall bear noticeable characteristics and be readily distinguishable, and it may not conflict with the legitimate rights obtained by others earlier.

　　A trademark registrant shall have the right to indicate the wording “Registered Trademark ”or the sign showing that the trademark is registered.

　　Article 10 None of the following signs may 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; those identical with names of the specific locations that are seats of central state organs; or those identical with the names or designs of landmark buildings;

　　（2）those identical with or similar to the state names, national flags, national emblems or military flags of foreign countries, with the exception of those the use of which is permitted by the government of the country concerned;

　　（3）those identical with or similar to the names, flags or emblems of international inter-governmental organizations, with the exception of those the use of which is permitted by the organization concerned or is not liable to mislead the public;

　　（4）those identical with or similar to an official mark or inspection stamp that indicates control and guarantee, except where authorized;

　　（5）those identical with or similar to the symbol or name of the Red Cross or the Red Crescent;

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

　　（7）those constituting exaggerated and deceitful advertising; and

　　（8）those detrimental to socialist ethics or customs, or having other unwholesome influences.

　　No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark. Registered trademarks in which geographical names are sued shall remain valid.

　　Article 11 None of the following marks may be registered as trademarks：

　　（1）where the mark bears only the generic name, design, or model number of the goods concerned;

　　（2）where it just directly indicates the quality, principal raw materials, function, use, weight, quantity or other features of the goods; and

　　（3）where distinctive characteristics are lacking.

　　Any mark mentioned in the preceding paragraph may be registered as a trademark if it has acquired distinctive features through use and is readily distinguishable.

　　Article 12 No application for registration of a three-dimensional sign as a trademark may be granted, where the sign merely indicates the shape inherent in the nature of the goods concerned, or it is only dictated by the need to achieve technical effects or the need to give the goods

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