Adopted on August 23, 1982 at the 24th Session of the Standing Committee of the Fifth National People’s Congress;
amended for the first time on February 22, 1993 at the 30th Session of the Standing Committee of the Seventh National People’s Congress pursuant to the Decision on Amending the Trademark Law of the People’s Republic of China;
amended for the second time on October 27, 2001 at the 24th Session of the Standing Committee of the Ninth National People’s Congress pursuant to the Decision on Amending the Trademark Law of the People’s Republic of China;
amended for the third time on August 30, 2013 at the 4th Session of the Standing Committee of the Twelfth National People’s Congress pursuant to the Decision on Amending the Trademark Law of the People’s Republic of China; and
amended for the fourth time on April 23, 2019 at the 10th Session of the Standing Committee of the Thirteenth National People’s Congress pursuant to the Decision on Amending the Construction Law of the People’s Republic of China and Seven Other Laws.
Contents
Chapter I General Provisions
Chapter II Application for Trademark Registration
Chapter III Examination and Approval of Trademark Registration
Chapter IV Renewal, Change, Transfer and Licensing of Registered Trademarks
Chapter V Invalidation of Registered Trademarks
Chapter VI Administration of Trademark Use
Chapter VII Protection of the Exclusive Right to Registered Trademarks
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted for the purposes of strengthening trademark administration, protecting the exclusive right to trademarks, encouraging producers and business operators to ensure the quality of goods and services, safeguarding trademark reputation, protecting the lawful interests of consumers and producers or business operators, and promoting the development of the socialist market economy.
Article 2
The Trademark Office under the administrative department for industry and commerce of the State Council shall be responsible for trademark registration and administration nationwide.
The administrative department for industry and commerce of the State Council shall establish a Trademark Review and Adjudication Board to handle trademark disputes.
Article 3
Trademarks approved and registered by the Trademark Office shall be registered trademarks, including trademarks for goods, service trademarks, collective trademarks, and certification trademarks. Trademark registrants shall enjoy the exclusive right to use their registered trademarks, which shall be protected by law.
For the purposes of this Law, a collective trademark refers to a mark registered in the name of a group, association, or other organization, and used by members of that organization in commercial activities to indicate their membership.
For the purposes of this Law, a certification trademark refers to a mark controlled by an organization with the capability to supervise certain goods or services, and used by entities or individuals outside that organization on their goods or services to certify origin, raw materials, manufacturing methods, quality, or other specific characteristics.
Special matters concerning the registration and administration of collective trademarks and certification trademarks shall be prescribed by the administrative department for industry and commerce of the State Council.
Article 4
Natural persons, legal persons, or other organizations that require exclusive trademark rights for their goods or services in the course of production or business operations shall apply for trademark registration with the Trademark Office. Malicious trademark registration applications not filed for the purpose of use shall be rejected.
The provisions of this Law concerning trademarks for goods shall apply mutatis mutandis to service trademarks.
Article 5
Two or more natural persons, legal persons, or other organizations may jointly apply for the registration of the same trademark and shall jointly enjoy and exercise the exclusive right to use the registered trademark.
Article 6
Where laws or administrative regulations require goods to bear registered trademarks, trademark registration shall be applied for. Goods that have not been approved for registration shall not be sold on the market.
Article 7
Applications for trademark registration and the use of trademarks shall comply with the principle of good faith.
Trademark users shall be responsible for the quality of goods bearing their trademarks. Administrative departments for industry and commerce at all levels shall, through trademark administration, prevent acts that deceive consumers.
Article 8
Any sign capable of distinguishing the goods of natural persons, legal persons, or other organizations from those of others, including words, figures, letters, numerals, three-dimensional signs, color combinations, sounds, or any combination thereof, may be applied for trademark registration.
Article 9
A trademark applied for registration shall be distinctive, readily identifiable, and shall not conflict with the lawful prior rights of others.
Trademark registrants shall have the right to indicate “Registered Trademark” or a registration symbol.
Article 10
The following signs shall not be used as trademarks:
1. Those identical with or similar to the name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, or medals of the People’s Republic of China, or identical with or similar to the names, symbols, or specific locations of central state organs, or the names or images of landmark buildings;
2. Those identical with or similar to the names, national flags, national emblems, or military flags of foreign countries, except with the consent of the relevant government;
3. Those identical with or similar to the names, flags, or emblems of international intergovernmental organizations, except with consent or where such similarity is not likely to mislead the public;
4. Those identical with or similar to official signs or inspection marks indicating control or certification, except where authorized;
5. Those identical with or similar to the names or emblems of the Red Cross or the Red Crescent;
6. Those containing ethnic discrimination;
7. Those deceptive in nature and likely to mislead the public regarding the quality, characteristics, or origin of goods;
8. Those detrimental to socialist moral standards or having other adverse effects.
Geographical names of administrative divisions at or above the county level, or foreign geographical names known to the public, shall not be used as trademarks, except where such geographical names have other meanings or form part of a collective trademark or certification trademark. Registered trademarks containing geographical names shall remain valid.
Article 11
The following signs shall not be registered as trademarks:
1. Those consisting solely of the generic name, device, or model number of the goods;
2. Those directly indicating the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the goods;
3. Other signs lacking distinctive features.
Where the signs listed in the preceding paragraph have acquired distinctiveness through use and are readily identifiable, they may be registered as trademarks.
Article 12
For trademark registration applications using three-dimensional signs, shapes resulting solely from the nature of the goods themselves, shapes necessary to achieve a technical effect, or shapes that give substantial value to the goods shall not be registered.
Article 13
Where a holder of a trademark well known to the relevant public considers that its rights have been infringed, protection may be requested in accordance with this Law.
Where a trademark applied for registration in respect of identical or similar goods is a reproduction, imitation, or translation of another party’s unregistered well-known trademark in China and is likely to cause confusion, such trademark shall not be registered and its use shall be prohibited.
Where a trademark applied for registration in respect of dissimilar goods is a reproduction, imitation, or translation of another party’s registered well-known trademark in China, which misleads the public and may prejudice the interests of the registrant of the well-known trademark, such trademark shall not be registered and its use shall be prohibited.
Article 14
A well-known trademark shall be determined, upon request by a party, as a fact necessary for handling trademark-related cases. The following factors shall be considered in determining whether a trademark is well known:
1. The degree of awareness of the trademark among the relevant public;
2. The duration of use of the trademark;
3. The duration, extent, and geographical scope of promotion of the trademark;
4. The record of protection of the trademark as a well-known trademark;
5. Other factors relevant to the trademark’s reputation.
Where a party claims rights under Article 13 of this Law during trademark registration examination or in the investigation of trademark violations by administrative departments for industry and commerce, the Trademark Office may, as required, determine whether the trademark is well known.
Where a party claims rights under Article 13 during trademark dispute proceedings, the Trademark Review and Adjudication Board may, as required, determine whether the trademark is well known.
Where a party claims rights under Article 13 in trademark-related civil or administrative litigation, the people’s court designated by the Supreme People’s Court may, as required, determine whether the trademark is well known.
Producers and business operators shall not use the words “well-known trademark” on goods, packaging or containers, or in advertising, exhibitions, or other commercial activities.
Chapter II Application for Trademark Registration
Article 15
Where an agent or representative, without authorization, applies for the registration of a trademark in its own name for a trademark of the principal or represented party, and the principal or represented party raises an opposition, such trademark shall not be registered and its use shall be prohibited.
Where a trademark applied for registration is identical with or similar to an unregistered trademark of another party that has been used earlier on identical or similar goods, and the applicant knows of the existence of that trademark due to contractual, business, or other relationships other than those specified in the preceding paragraph, such trademark shall not be registered.
Article 16
Where a trademark contains a geographical indication of the goods, but the goods do not originate from the place indicated, and such use is likely to mislead the public, registration shall be refused and the use of such trademark shall be prohibited; however, where the trademark has been registered in good faith, it shall remain valid.
For the purposes of this Law, a geographical indication refers to a sign indicating that a good originates from a particular region, and that the specific quality, reputation, or other characteristics of the good are essentially attributable to the natural or human factors of that region.
Article 17
Foreigners or foreign enterprises applying for trademark registration in China shall handle such applications in accordance with any agreements concluded between their home country and the People’s Republic of China, or international treaties to which both countries are parties, or in accordance with the principle of reciprocity.
Article 18
Where foreigners or foreign enterprises apply for trademark registration or handle other trademark-related matters in China, they shall entrust a trademark agency legally established in China.Chinese natural persons, legal persons, or other organizations may, when applying for trademark registration or handling other trademark-related matters, entrust a trademark agency legally established in China or handle such matters directly.
Article 19
Trademark agencies shall comply with the principle of good faith and laws and administrative regulations when handling trademark applications or other trademark-related matters entrusted by clients.
Trademark agencies shall not accept entrustment where they know or should have known that the trademark applied for registration falls under the circumstances specified in Article 4, Article 15, or Article 32 of this Law.
Trademark agencies shall maintain confidentiality regarding trade secrets learned during the course of representation.
Article 20
Trademark agencies may not apply for the registration of trademarks other than those intended for their own use.
Article 21
The Trademark Office shall establish a system for the disclosure of trademark registration information, so as to facilitate public access and supervision.
Article 22
Trademark registration applications shall follow the principle of one application for each class of goods.
Applicants may apply for the registration of the same trademark covering multiple classes of goods in a single application.
Article 23
Where a registered trademark requires protection for goods beyond the approved scope of use, a separate application for registration shall be filed.
Article 24
Where a registered trademark requires changes to the sign itself, a new application for registration shall be submitted.
Article 25
An applicant for trademark registration may claim priority within six months from the date on which it first applied for registration of the same trademark for the same goods in a foreign country that is a party to an agreement with China or a member of an international treaty to which China is a party, or on the basis of the principle of reciprocity.
When applying for trademark registration, the applicant shall submit a written declaration of priority and provide copies of the original trademark application documents within three months. Failure to submit such documents within the time limit shall be deemed as a waiver of the priority claim.
Article 26
Where a trademark is first used on goods displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant may claim priority within six months from the date on which the goods were first displayed.
When applying for trademark registration, the applicant shall submit a written declaration of priority and provide proof of the name of the exhibition, the use of the trademark on the displayed goods, and the date of exhibition within three months. Failure to submit such proof within the time limit shall be deemed as a waiver of the priority claim.
Article 27
Matters declared and materials submitted in applications for trademark registration shall be truthful, accurate, and complete.
Article 28
The Trademark Office shall complete the examination of trademark registration applications within nine months from the date of receipt. Where the application complies with the relevant provisions of this Law, a preliminary approval announcement shall be published.
Article 29
Where the Trademark Office considers that a trademark registration application does not comply with the relevant provisions of this Law or requires clarification or amendment, it may require the applicant to provide explanations or make corrections. Failure to provide explanations or make corrections within the specified time limit shall be deemed as abandonment of the application.
Article 30
Where a trademark applied for registration does not comply with the relevant provisions of this Law, or is identical with or similar to a trademark already registered or preliminarily approved by another party for use on identical or similar goods, the Trademark Office shall reject the application and shall not publish it.
Chinese natural persons, legal persons, or other organizations may, when applying for trademark registration or handling other trademark-related matters, entrust a trademark agency legally established in China or handle such matters directly.
Article 19
Trademark agencies shall comply with the principle of good faith and laws and administrative regulations when handling trademark applications or other trademark-related matters entrusted by clients.
Trademark agencies shall not accept entrustment where they know or should have known that the trademark applied for registration falls under the circumstances specified in Article 4, Article 15, or Article 32 of this Law.
Trademark agencies shall maintain confidentiality regarding trade secrets learned during the course of representation.
Article 20
Trademark agencies may not apply for the registration of trademarks other than those intended for their own use.
Article 21
The Trademark Office shall establish a system for the disclosure of trademark registration information, so as to facilitate public access and supervision.
Article 22
Trademark registration applications shall follow the principle of one application for each class of goods.
Applicants may apply for the registration of the same trademark covering multiple classes of goods in a single application.
Article 23
Where a registered trademark requires protection for goods beyond the approved scope of use, a separate application for registration shall be filed.
Article 24
Where a registered trademark requires changes to the sign itself, a new application for registration shall be submitted.
Article 25
An applicant for trademark registration may claim priority within six months from the date on which it first applied for registration of the same trademark for the same goods in a foreign country that is a party to an agreement with China or a member of an international treaty to which China is a party, or on the basis of the principle of reciprocity.
When applying for trademark registration, the applicant shall submit a written declaration of priority and provide copies of the original trademark application documents within three months. Failure to submit such documents within the time limit shall be deemed as a waiver of the priority claim.
Article 26
Where a trademark is first used on goods displayed at an international exhibition sponsored or recognized by the Chinese government, the applicant may claim priority within six months from the date on which the goods were first displayed.
When applying for trademark registration, the applicant shall submit a written declaration of priority and provide proof of the name of the exhibition, the use of the trademark on the displayed goods, and the date of exhibition within three months. Failure to submit such proof within the time limit shall be deemed as a waiver of the priority claim.
Article 27
Matters declared and materials submitted in applications for trademark registration shall be truthful, accurate, and complete.
Article 28
The Trademark Office shall complete the examination of trademark registration applications within nine months from the date of receipt. Where the application complies with the relevant provisions of this Law, a preliminary approval announcement shall be published.
Article 29
Where the Trademark Office considers that a trademark registration application does not comply with the relevant provisions of this Law or requires clarification or amendment, it may require the applicant to provide explanations or make corrections. Failure to provide explanations or make corrections within the specified time limit shall be deemed as abandonment of the application.
Article 30
Where a trademark applied for registration does not comply with the relevant provisions of this Law, or is identical with or similar to a trademark already registered or preliminarily approved by another party for use on identical or similar goods, the Trademark Office shall reject the application and shall not publish it.
Chapter III Examination and Approval of Trademark Registration
Article 31
An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it involve the preemptive registration, by improper means, of a trademark that has already been used by another party and has acquired a certain degree of influence.
Article 32
Where an applicant applies for registration of a trademark that is identical with or similar to another party’s prior-used trademark on identical or similar goods, and such prior-used trademark has acquired a certain degree of influence, the application shall be rejected.
Article 33
Where a trademark has been preliminarily approved and published, any prior rights holder or interested party who believes that the trademark violates Articles 13, 15, 16, 30, 31, or 32 of this Law, or any party who believes that the trademark violates Article 4, may file an opposition with the Trademark Office within three months from the date of publication.
Article 34
Where an application for trademark registration is rejected, the Trademark Office shall notify the applicant in writing. If the applicant is dissatisfied, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from receipt of the notice. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
Where the applicant is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people’s court within thirty days from receipt of the notification.
Article 35
Where an opposition is filed against a preliminarily approved trademark, the Trademark Office shall hear the facts and grounds stated by both the opponent and the applicant and make a decision upon investigation and verification. If the Trademark Office decides to approve the registration, it shall issue a trademark registration certificate and publish an announcement.
Where the opponent is dissatisfied with the decision, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from receipt of the notification. The Board shall make a decision and notify both parties in writing.
Where either party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people’s court within thirty days from receipt of the notification.
Article 36
Where, upon expiration of the statutory opposition period, no opposition has been filed against a preliminarily approved trademark, or where the opposition has been ruled unfounded, the trademark shall be approved for registration, a registration certificate shall be issued, and an announcement shall be published.
Article 37
The period of validity of a registered trademark shall be ten years, commencing from the date of approval of registration.
Article 38
Where a registered trademark expires and the registrant wishes to continue using it, an application for renewal shall be submitted within twelve months prior to expiration. Where the application is not filed within this period, a grace period of six months shall be allowed.
Where the application is not filed by the end of the grace period, the registered trademark shall be cancelled.
Each renewal shall be valid for ten years.
Article 39
Where a registered trademark is renewed, an announcement shall be published.
Article 40
Where the name, address, or other registered matters of a trademark registrant change, the registrant shall apply for recordal of the change.
Article 41
Where a registered trademark is assigned, the assignor and assignee shall jointly submit an application to the Trademark Office. The assignee shall ensure the quality of the goods on which the registered trademark is used.
Upon approval of the assignment, an announcement shall be published.
Article 42
A trademark registrant may license another party to use its registered trademark by concluding a trademark licensing agreement.
The licensor shall supervise the quality of the goods on which the licensee uses the registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
A trademark licensing agreement shall be recorded with the Trademark Office. Failure to record shall not affect the validity of the agreement, but the agreement may not be asserted against a bona fide third party.
Article 43
Where a registered trademark is licensed to another party for use, the licensee shall indicate the name of the licensee and the place of origin of the goods on which the registered trademark is used.
Article 44
Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, or is obtained by fraudulent or other improper means, the Trademark Office shall declare the trademark invalid.
Other entities or individuals may request the Trademark Review and Adjudication Board to declare such trademark invalid.
Article 45
Where a registered trademark violates the provisions of Article 13, Article 15, Article 16, Article 30, Article 31, or Article 32 of this Law, the prior rights holder or interested party may request the Trademark Review and Adjudication Board to declare the trademark invalid within five years from the date of registration.
Where registration was obtained in bad faith, the owner of a well-known trademark shall not be subject to the five-year limitation.
Chapter IV Use of Trademarks
Article 46
Where a registered trademark is cancelled, declared invalid, or not renewed upon expiration, the Trademark Office shall not approve any application for registration of an identical or similar trademark on identical or similar goods within one year from the date of cancellation, invalidation, or deregistration.
Article 47
Where a registered trademark is declared invalid, the exclusive right to use the registered trademark shall be deemed nonexistent from the beginning.
Decisions or judgments made and enforced by the people’s courts, administrative penalty decisions made and enforced by administrative authorities, or trademark assignment or licensing contracts that have already been performed prior to the declaration of invalidity shall not be retroactively affected; however, compensation shall be paid for losses caused by bad faith on the part of the trademark registrant.
Where a registered trademark is declared invalid due to malicious registration, compensation for losses suffered by others shall be borne by the trademark registrant.
Article 48
For the purposes of this Law, “use of a trademark” means use of a trademark on goods, packaging or containers thereof, or in trading documents, as well as use of a trademark in advertising, exhibitions, or other commercial activities, for the purpose of identifying the source of goods.
Article 49
Where a registered trademark has not been used for an uninterrupted period of three years without legitimate reason, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark.
Where a trademark registrant alters the registered trademark, name of the registrant, address, or other registered matters without authorization, the local administrative department for market regulation shall order rectification within a prescribed period. Where rectification is not made within the prescribed period, the Trademark Office shall cancel the registered trademark.
Article 50
Where a registered trademark is cancelled, declared invalid, or not renewed upon expiration, the trademark registrant shall immediately cease use of the trademark.
Chapter V Protection of the Exclusive Right to Use a Registered Trademark
Article 51
The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 52
Without the authorization of the trademark registrant, any of the following acts shall constitute infringement of the exclusive right to use a registered trademark:
(1) Using a trademark that is identical with a registered trademark on identical goods;
(2) Using a trademark that is identical with or similar to a registered trademark on identical or similar goods, where such use is likely to cause confusion;
(3) Selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging, manufacturing without authorization, or selling trademark labels of a registered trademark;
(5) Replacing a registered trademark without authorization and putting the goods into the market;
(6) Intentionally facilitating trademark infringement by providing storage, transportation, mailing, printing, concealment, or other conveniences to infringing parties.
Article 53
Where a dispute arises due to infringement of the exclusive right to use a registered trademark, it may be resolved through consultation between the parties. If the parties are unwilling to consult or if consultation fails, the trademark registrant or interested party may file a lawsuit with the people’s court or request the administrative department for market regulation to handle the matter.
Article 54
Where the administrative department for market regulation determines that infringement has occurred, it shall order the infringer to immediately cease the infringing act, confiscate and destroy infringing goods and tools mainly used to manufacture infringing goods or forge registered trademark labels, and may impose a fine.
Where the illegal business turnover exceeds 50,000 yuan, a fine of up to five times the illegal turnover may be imposed; where there is no illegal turnover or the turnover is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed.
Article 55
Where a party is dissatisfied with a decision made by the administrative department for market regulation, it may file a lawsuit with the people’s court in accordance with the law.
Where the infringing party neither files a lawsuit nor complies with the administrative decision upon expiration of the statutory time limit, the administrative department may apply to the people’s court for compulsory enforcement.
Article 56
The amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined based on the actual losses suffered by the infringed party as a result of the infringement. Where it is difficult to determine actual losses, the compensation may be determined based on the profits gained by the infringer from the infringement.
Where it is difficult to determine both the losses suffered by the infringed party and the profits gained by the infringer, the people’s court may determine compensation by reference to a reasonable multiple of the trademark licensing fee.
Compensation shall also include reasonable expenses incurred by the infringed party to stop the infringement.
Article 57
Where it is difficult to determine the actual losses suffered by the infringed party, the profits gained by the infringer, or the trademark licensing fee, the people’s court may award statutory damages not exceeding 5,000,000 yuan based on the circumstances of the infringement.
Where the infringement is committed in bad faith and the circumstances are serious, the amount of compensation may be determined at one to five times the amount determined by the above methods.
Article 58
Where any party uses a registered trademark or an unregistered well-known trademark as a trade name in violation of the principles of honesty and good faith, thereby misleading the public and constituting unfair competition, such conduct shall be handled in accordance with the Anti-Unfair Competition Law of the People’s Republic of China.
Article 59
The holder of a registered trademark shall have no right to prohibit others from legitimate use of generic names, graphics, or models of the goods, or from legitimate use of descriptive indications of quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the goods.
Where a registered trademark contains a geographical name, the trademark registrant shall have no right to prohibit others from legitimate use of that geographical name.
Article 60
Where a party uses, in good faith, a trademark that is identical with or similar to another party’s registered trademark before the latter’s application date and has acquired a certain degree of influence, the trademark registrant shall have no right to prohibit such party from continued use within the original scope of use, but may require that appropriate distinguishing marks be added.
Article 61
Where the exclusive right to use a registered trademark is infringed, the administrative department for market regulation shall have the authority to investigate and collect evidence.
Where evidence may be destroyed or difficult to obtain in the future, the administrative department may take measures to preserve such evidence.
Article 62
Where a party refuses or obstructs supervision and inspection by the administrative department for market regulation, it shall be ordered to make corrections. In serious cases, a fine of up to 100,000 yuan may be imposed.
Article 63
Where infringement of the exclusive right to use a registered trademark constitutes a crime, criminal liability shall be pursued in accordance with the law.
Chapter VI Legal Liability
Article 64
Where a party infringes upon the exclusive right to use a registered trademark and the circumstances are serious, the administrative department for market regulation may, in addition to imposing administrative penalties in accordance with this Law, include the infringer in the list of entities with serious illegal and dishonest conduct, and make such information public.
Article 65
Where trademark infringement disputes are handled by the administrative department for market regulation, if the amount of compensation is disputed, the department may mediate the matter upon the request of the parties. If mediation fails or is refused, the parties may file a lawsuit with the people’s court in accordance with the law.
Article 66
Where any party forges or alters trademark registration certificates, or forges, alters, or transfers trademark application documents, trademark registration documents, or other trademark-related certificates, or uses forged or altered trademark certificates, the administrative department for market regulation shall order rectification, confiscate illegal gains, and may impose a fine of up to 100,000 yuan. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 67
Where any party, without authorization, uses a trademark identical with a registered trademark on identical goods, or uses a trademark identical with or similar to a registered trademark on identical or similar goods and the circumstances are serious, criminal liability shall be pursued in accordance with the law.
Where any party counterfeits or manufactures without authorization trademark labels of others, or sells counterfeit or unauthorized trademark labels, and the circumstances are serious, criminal liability shall be pursued in accordance with the law.
Where any party knowingly sells goods bearing counterfeit registered trademarks and the circumstances are serious, criminal liability shall be pursued in accordance with the law.
Article 68
Where trademark agencies commit any of the following acts, the administrative department for market regulation shall order rectification, issue a warning, confiscate illegal gains, and may impose a fine of up to 100,000 yuan; in serious cases, the business license shall be revoked, and the responsible persons shall be prohibited from engaging in trademark agency activities for a specified period. Where a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in trademark agency activities;
(2) Soliciting trademark agency business through false statements or other improper means;
(3) Concealing material facts or providing false information during trademark registration or dispute handling;
(4) Maliciously colluding with trademark applicants or other interested parties to harm the lawful rights and interests of others.
Article 69
State functionaries engaged in trademark registration, administration, or law enforcement who abuse their powers, neglect their duties, or engage in malpractice for personal gain shall be subject to administrative sanctions in accordance with the law. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.
Chapter VII Supplementary Provisions
Article 70
Trademark agencies shall comply with the principles of honesty and good faith, observe laws and administrative regulations, and handle trademark-related matters in accordance with the entrustment of their clients.
Article 71
Fees charged for trademark registration, renewal, assignment, opposition, review, and other trademark-related matters shall be implemented in accordance with relevant state regulations.
Article 72
This Law shall apply mutatis mutandis to service trademarks.
Article 73
This Law shall come into force on March 1, 1983.
(The English translations are for reference only)
