Trademark Law of the People's Republic of China
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National
People's Congress on August 23, 1982 and promulgated by Order No.10 of the
Standing Committee of the National People’s Congress on August 23, 1982;
amended for the first time 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; and amended for the second time in accordance with the
Decision on Revising the Trademark Law of the People's Republic of China
adopted at the 24th Meeting of the Standing Committee of the Ninth National
People's Congress on October 27, 2001)
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 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 needs to acquire the
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