Trademark Law of the People's Republic of China (Revised in 2026)

Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on 1982 Year 8 Month 23, first amended by the Decision of the 30th Meeting of the Standing Committee of the Seventh National People's Congress on Amending the Trademark Law of the People's Republic of China on 1993 Year 2 Month 22, second amended by the Decision of the 24th Meeting of the Standing Committee of the Ninth National People's Congress on Amending the Trademark Law of the People's Republic of China on 2001 Year 10 Month 27, third amended by the Decision of the 4th Meeting of the Standing Committee of the 12th National People's Congress on Amending the Trademark Law of the People's Republic of China on 2013 Year 8 Month 30, fourth amended by the Decision of the 10th Meeting of the Standing Committee of the 13th National People's Congress on Amending the Construction Law and Seven Other Laws of the People's Republic of China on 2019 Year 4 Month 23, and revised at the 23rd Meeting of the Standing Committee of the 14th National People's Congress on 2026 Year 6 Month 26.

Table of Contents

Chapter 1: General Provisions

Chapter 2: Conditions for Trademark Registration

Chapter 3: Application for Trademark Registration

Chapter 4: Examination and Approval of Trademark Registration

Chapter 5: Renewal, Change, Assignment, and Cancellation of Registered Trademarks

Chapter 6: Declaration of Invalidity of Registered Trademarks

Chapter 7: Trademark Management

Chapter VIII: Protection of the Exclusive Right to Use a Registered Trademark

Chapter 9: Supplementary Provisions

Chapter 1: General Provisions

Article 1: This Law is enacted to protect the exclusive right to use registered trademarks, strengthen trademark administration, standardize the registration and use of trademarks, ensure that producers and operators maintain the quality of their goods and services, safeguard trademark reputation, protect the interests of consumers and producers or operators, and promote the healthy development of the socialist market economy.

Article 2: The term "trademark" as used in this Law refers to a sign used to identify and distinguish the source of goods or services, including trademarks for goods and service marks. Provisions of this Law concerning trademarks for goods shall apply to service marks.

For purposes of this Law, use of a trademark means using the trademark on goods, their packaging or containers, or in transaction documents related to the goods, or in advertising, exhibitions, and other commercial activities for the purpose of identifying and distinguishing the source of the goods.

The use of a trademark as referred to in the preceding paragraph includes acts of use conducted via the Internet or other information networks.

Article 3: Trademark work shall implement the Party and State's intellectual property strategy, enhancing trademark protection, utilization, management, and service.

Article 4: The trademark administration department under the State Council is responsible for trademark registration and management nationwide. Local people's governments at or above the county level shall manage trademark affairs within their respective administrative regions through their designated departments.

Departments of the people's governments at or above the county level shall be responsible for trademark law enforcement within their respective jurisdictions.

The departments responsible for trademark registration and management shall establish a coordination mechanism with those responsible for trademark enforcement to enhance information sharing and collaborative efforts.

Article 5: A trademark approved and registered by the trademark administration department of the State Council is a registered trademark. The registrant has the right to indicate "Registered Trademark" or use the registration symbol, enjoys exclusive rights to the registered trademark, and is protected by law.

Natural persons, legal persons, or unincorporated organizations seeking exclusive rights to register a trademark for their goods or services in production and business operations shall apply with the State Council's trademark authority.

Article 6: The term "collective trademark" as used in this Law refers to a mark registered under the name of a social organization, such as an industry association or other organization, for use by its members in commercial activities to indicate their membership status within that organization.

For the purposes of this Law, a certification mark means a mark controlled by an organization with supervisory authority over certain goods or services and used by entities or individuals other than that organization on their goods or services to certify the origin, raw materials, manufacturing method, quality, or other specific characteristics of those goods or services.

Specific matters regarding the registration and administration of collective marks and certification marks shall be prescribed by the trademark administrative department of the State Council.

Article 7 Two or more natural persons, legal persons, or unincorporated organizations may jointly apply to the trademark administration department of the State Council to register the same trademark and shall jointly enjoy and exercise the exclusive right to use the registered trademark.

Article 8: For goods that laws or administrative regulations require to bear registered trademarks, a trademark registration application must be filed. Such goods may not be marketed unless the trademark has been approved for registration.

Article 9: Applications for trademark registration and use shall adhere to the principle of good faith. Rights shall not be abused to harm national interests, public interest, or the lawful rights and interests of others.

Trademark users are responsible for the quality of goods bearing their trademarks. Trademark management and enforcement agencies at all levels shall strengthen trademark administration and law enforcement in accordance with the law, and stop acts that deceive consumers.

Article 10: Applications for trademark registration or other trademark-related matters may be filed either directly by the applicant or through a trademark agency established in accordance with the law.

Article 11. Foreign individuals, enterprises, or other organizations applying for trademark registration in China shall do so in accordance with agreements concluded between their home countries and the People's Republic of China, international treaties to which both parties are members, or on the basis of reciprocity.

Foreigners, foreign enterprises, or other foreign organizations without a habitual residence or business establishment in China must appoint a legally established trademark agency to apply for trademark registration and handle other trademark matters in China.

Article 12: International registration of trademarks shall follow the system established by international treaties concluded or acceded to by the People's Republic of China. Specific measures shall be prescribed by the State Council.

Article 13 The trademark administration department of the State Council shall strengthen the construction of an information-based and intelligent public service system for trademarks, enhance the convenience of trademark business processing, ensure complete, accurate, and timely publication of trademark information, and improve the quality of trademark information services and management.

Chapter 2: Conditions for Trademark Registration

Article 14: Any sign capable of distinguishing the goods of a natural person, legal person, or unincorporated organization from those of others may be registered as a trademark. Such signs include words, designs, letters, numerals, three-dimensional shapes, color combinations, sounds, motion marks, and any combination of these elements.

Article 15. The following signs shall not be registered as trademarks or used:

(1) Identical or similar to the name of the Communist Party of China, its flag, emblem, medals, significant theoretical achievements, historical events, or other iconic elements;

(2) Identical or similar to the national name, flag, emblem, anthem, army flag, military insignia, military march, medals, etc., of the People's Republic of China; or identical to the names, logos, specific location names, or iconic building names and graphics of central and state organs.

(3) Identical or similar to the name, flag, emblem, military flag, etc., of a foreign country, unless authorized by that country's government;

(4) Names, flags, or emblems that are identical to or confusingly similar to those of intergovernmental international organizations, unless authorized by the organization or unlikely to mislead the public;

(5) Identical or similar to official marks, inspection seals, or other symbols indicating regulatory control or certification, except where authorized;

(6) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

(7) Those containing ethnic discrimination;

(8) Deceptive and likely to mislead the public regarding the product's quality, craftsmanship, materials, or place of origin.

(9) Violation of public order or good morals, or having other adverse effects.

Article 16: Names of administrative divisions at or above the county level, or foreign place names well known to the public, shall not be registered as trademarks nor used as such. However, this does not apply where a place name has other meanings or is part of a collective or certification trademark. Trademarks already registered that include place names shall remain valid.

The registration and use of trademarks such as national park logos, Olympic emblems, and special marks shall be governed by this Law and relevant laws and administrative regulations.

Article 17 A trademark applied for registration shall possess distinctiveness and be easily identifiable. The following signs shall not be registered as trademarks:

(1) Generic names, designs, or model numbers of the product itself;

(II) Signs that directly indicate the quality, main raw materials, function, use, weight, quantity, or other characteristics of the goods;

(3) Other signs lacking distinctiveness.

A sign listed in the preceding paragraph may be registered as a trademark if it has acquired distinctiveness through use and is capable of being recognized.

Article 18: Trademark applications based on three-dimensional marks, color combinations, sounds, or dynamic marks shall not be registered if the shape, color combination, sound, or dynamic effect is solely a result of the nature of the goods themselves, necessary to achieve a technical result, or provides substantial value to the goods.

Article 19: Applications for trademark registration that are not filed with a bona fide intent to use and clearly exceed the normal scope of business operations shall not be registered.

Do not apply for trademark registration by deception or other improper means.

Article 20: A trademark applied for registration shall not be identical with or similar to a trademark already registered or previously applied for by another person on the same or similar goods.

Article 21. If a trademark application for identical or similar goods involves copying, imitating, or translating another person's well-known trademark that is not registered in China and is likely to cause confusion, registration shall be refused and use prohibited.

If a trademark applied for registration on dissimilar or unrelated goods is a reproduction, imitation, or translation of another party's well-known trademark and is likely to mislead the public, thereby potentially harming the interests of the well-known trademark owner, such registration shall be refused and its use prohibited.

Article 22: If an agent or representative registers a trademark belonging to their principal in their own name without authorization, and the principal objects, such registration shall not be approved and its use shall be prohibited.

Registration shall be refused if a trademark application for the same or similar goods is identical with or similar to an unregistered trademark previously used by another person, and the applicant, having a contractual, business, or other relationship with that other person (other than those specified in the preceding paragraph), was aware of the existence of the other person's trademark when the objection was raised.

Article 23. Where a trademark contains a geographical indication for goods that do not originate from the region indicated by the mark and mislead the public, it shall not be registered and its use shall be prohibited; provided, however, that a registration obtained in good faith prior to this provision shall remain valid.

The geographical indication referred to in the preceding paragraph is a sign that indicates that a product originates from a specific region, where its particular quality, reputation, or other characteristics are essentially attributable to the natural or human-made factors of that region.

Article 24: The application for trademark registration shall not infringe upon others' existing prior legitimate rights and interests, nor shall it involve intentional preemptive registration of trademarks that have already been used by others and gained certain influence.

Article 25: A trademark agency may apply for trademark registration only for its own agency services and shall not apply to register other trademarks.

Chapter 3: Application for Trademark Registration

Article 26: A trademark registration applicant shall, in accordance with the prescribed classification of goods, specify the class and name of the goods on which the trademark is to be used when filing a registration application.

A trademark applicant may file a single application to register the same trademark for goods in multiple classes.

Applications and other documents related to trademark registration shall be submitted in writing. Electronic data messages that can tangibly display the content contained therein and are accessible for reference at any time, such as those transmitted via electronic data interchange, shall be deemed to be in writing.

Article 27: Where the exclusive right to use a registered trademark is needed for goods beyond the scope of its approved use, a separate application for registration shall be filed.

Article 28: If a registered trademark requires a change in its mark, a new application for registration shall be filed.

Article 29. Where an applicant for trademark registration files an application in China, within six months from the date of first filing in a foreign country, for the same trademark on the same goods, they may claim priority rights in accordance with any agreement concluded between that foreign country and China, any international treaty jointly participated in by both countries, or the principle of mutual recognition of priority rights.

To claim priority under the preceding paragraph, a written declaration must be made at the time of filing the trademark registration application, and a copy of the first trademark registration application filed must be submitted within three months. Failure to make a written declaration or to submit the copy within the specified period shall be deemed as not claiming priority.

Article 30: Where a trademark is first used on goods exhibited at an international exhibition organized or recognized by the Chinese government, the applicant for registration of that trademark may claim priority within six months from the date of the exhibition.

If priority is claimed under the preceding paragraph, a written declaration must be submitted at the time of filing the trademark registration application, and supporting documents—including the name of the exhibition where the goods were displayed, evidence showing the use of the mark on those goods during the exhibition, and the exhibition date—must be provided within three months. Failure to submit the written declaration or to provide the required documents within the deadline shall be deemed as not claiming priority.

Article 31: All declarations and materials submitted in connection with an application for trademark registration shall be true, accurate, and complete.

Chapter 4: Examination and Approval of Trademark Registration

Article 32 The competent trademark administration department under the State Council shall complete its examination of a trademark registration application within nine months from the date of receipt of the application documents. If the application complies with the relevant provisions of this Law, it shall be preliminarily approved and published for public notice.

Article 33: During the examination, if the trademark administration department under the State Council determines that an explanation or correction is needed for the content of a trademark registration application, it may require the applicant to provide such explanation or correction. Failure by the applicant to do so shall not affect the department's decision on the examination.

Article 34: If a trademark application does not comply with the relevant provisions of this Law, it shall be rejected by the State Council's trademark administration department and shall not be published.

Article 35: Where two or more applicants for trademark registration apply to register the same or similar trademarks on the same or similar goods, the application filed first shall be preliminarily approved and published; if applications are filed on the same day, the trademark used first shall be preliminarily approved and published, while other applications shall be rejected and not published.

Article 36: Within two months from the date of publication of a trademark that has been preliminarily approved, prior right holders and interested parties may file an opposition with the State Council's trademark authority if they believe the mark violates Articles 20 through 22, the first paragraph of Article 23, or Article 24. Any person may also file an opposition if they believe the mark violates Articles 15, the first paragraph of Article 16, Articles 17 through 19, or Article 25. If no opposition is filed upon expiration of the publication period, the trademark shall be approved for registration, a trademark registration certificate shall be issued, and the registration shall be published.

Article 37: For trademark applications that are rejected or not published, the trademark administration department of the State Council shall notify the applicant in writing. If the applicant disagrees with the decision, they may request a review from the same department within 15 days of receiving the notification. The department shall make a ruling and notify the applicant in writing within nine months of receiving the review request. In exceptional cases requiring an extension, the head of the department may approve an extension of up to three months. If a party disagrees with the review decision, they may file a lawsuit in the People's Court within 30 days of receiving the notification.

Article 38: Where an objection is filed against a trademark that has been preliminarily approved for publication, the competent trademark authority of the State Council shall hear the statements and reasons presented by both the objector and the objected party. After investigation and verification, it shall make a decision on whether to approve the registration within twelve months from the expiration date of the publication period, and notify both parties in writing. If special circumstances require an extension, upon approval by the head of the competent trademark authority of the State Council, the period may be extended by up to six months.

If the trademark administration department of the State Council makes a decision to approve registration, it shall issue a certificate of trademark registration and announce it. If an objector disagrees, they may request the trademark administration department of the State Council to declare the registered trademark invalid in accordance with Articles 50 and 51 of this Law.

If the trademark registration authority under the State Council issues a decision not to register and the objector is dissatisfied, they may apply for review within 15 days of receiving the notice. The authority shall issue a review decision within 12 months from the date of receiving the application and notify both the opponent and the objector in writing. If an extension is required due to special circumstances, it may be extended by up to six months upon approval by the head of the trademark authority. If the objector is dissatisfied with the review decision, they may file a lawsuit in the People's Court within 30 days of receiving the notice. The court shall notify the opponent to participate in the proceedings as a third party.

Article 39. Upon expiration of the statutory period, if a party fails to request reconsideration of the decision by the State Council's trademark authority to reject an application or refuse registration, or fails to file a lawsuit with the People's Court against the reconsideration decision, such decisions shall take effect.

For a trademark that is registered after an opposition is reviewed and found unfounded, the trademark registrant's exclusive rights take effect from the date two months after the preliminary examination publication expires. From the expiration of the publication period until the registration decision is made, acts by others using an identical or similar sign on identical or similar goods shall not be subject to retroactive liability; however, damages caused to the trademark registrant due to the user's bad faith must be compensated.

Article 40: The trademark administration department under the State Council shall promptly review applications for trademark registration and reconsideration.

The applicant may withdraw the application regarding the matters specified in the preceding paragraph.

Article 41: If the determination of prior rights involved in trademark objection review, rejection reconsideration, non-registration reconsideration, or invalidation declaration cases before the trademark administrative department under the State Council must be based on the outcome of another case currently being heard by a people's court or processed by an administrative authority, the review may be suspended. Once the cause for suspension is eliminated, the review procedure shall be promptly resumed.

Article 42: If a trademark applicant or registrant discovers obvious errors in the trademark application or registration documents, they may request correction. The competent trademark administration authority of the State Council shall make the correction within its statutory powers and notify the party concerned.

The correction of errors referred to in the preceding paragraph does not involve substantive changes to trademark application or registration documents.

Chapter 5: Renewal, Change, Assignment, and Cancellation of Registered Trademarks

Article 43 The term of validity for a registered trademark is ten years, calculated from the date of approval and registration.

Article 44: If a registered trademark needs to be renewed upon expiration of its term, the registrant shall file an application for renewal within the 12 months preceding the expiration date. If the application is not filed during this period, a six-month grace period will be granted. Each renewal extends the registration term for 10 years, calculated from the day following the expiration of the previous term. If renewal procedures are not completed by the end of the grace period, the trademark registration shall be cancelled.

The trademark administration department of the State Council shall announce trademarks renewed through registration extension.

Article 45: Where the name, address, or other registration particulars of a registered trademark need to be changed, an application for change shall be filed.

Article 46: Where a registered trademark is assigned, the assignor and the assignee shall enter into an assignment agreement and jointly submit an application to the trademark administration department under the State Council. The assignee shall ensure the quality of goods bearing the assigned registered trademark.

When assigning a registered trademark, the registrant must assign together any identical or similar trademarks registered on the same goods, as well as any identical or similar trademarks registered on related goods.

The State Council's trademark administration shall not approve transfers that are likely to cause confusion or have other adverse effects, and shall notify the applicant in writing with reasons.

After approval of the trademark assignment, it shall be published. The assignee shall enjoy exclusive rights to use the registered trademark from the date of publication.

Article 47: The assignee of a collective mark or certification mark shall possess the requisite qualification and supervisory capability.

Article 48: If a trademark registrant applies to cancel their registered trademark or the registration of the trademark for certain designated goods, and such cancellation is approved by the competent trademark administration department under the State Council, it shall be announced. The exclusive right to use the registered trademark, or its validity concerning the specified designated goods, shall terminate from the date of announcement.

Article 49: If a trademark registrant applies to cancel their registered trademark, the competent department of the State Council shall not approve any application for registration of an identical or similar trademark on identical or similar goods filed by another party within one year from the date of the cancellation announcement.

Chapter 6: Declaration of Invalidity of Registered Trademarks

Article 50: If a registered trademark violates Article 15, the first paragraph of Article 16, Articles 17 through 19, or Article 25 of this Law, the trademark administration department under the State Council shall declare the registered trademark invalid. Other entities or individuals may request the trademark administration department under the State Council to declare the registered trademark invalid.

The trademark administration department of the State Council shall notify the party in writing of its decision to declare a registered trademark invalid. If the party disagrees, it may apply for review within 15 days from the date of receipt of the notice. The department shall make a decision on the review and notify the party in writing within nine months from the date of receiving the application. Where an extension is necessary due to special circumstances, approval by the head of the department allows for an extension of up to three months. If the party disagrees with the review decision, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

If another entity or individual requests the State Council's trademark administration to declare a registered trademark invalid, the administration shall notify the relevant parties in writing upon receiving the application and set a deadline for their response. The administration must issue a ruling within nine months of receiving the application to either maintain the registered trademark or declare it invalid, and notify the parties in writing. If special circumstances require an extension, a three-month extension may be granted with approval from the head of the State Council's trademark administration. If a party disagrees with the ruling, they may file a lawsuit with the People's Court within 30 days of receiving the notice. The court shall notify the opposing party in the trademark cancellation proceeding to participate as a third party.

Article 51. Where a registered trademark violates the provisions of Articles 20 through 22, Article 23, Paragraph 1, or Article 24 of this Law, the prior right holder or an interested party may request the State Council's trademark authority to declare the registered trademark invalid within five years from the date of registration. In cases of bad-faith registration, there is no time limit for the holder of a well-known trademark.

Upon receiving an application to declare a registered trademark invalid, the trademark administration under the State Council shall notify the relevant parties in writing and set a time limit for their response. The trademark administration shall issue a ruling within 12 months from the date of receipt of the application to either uphold the registered trademark or declare it invalid, and shall notify the parties in writing. If special circumstances require an extension, approval by the head of the trademark administration may extend the period by up to six months. If a party disagrees with the ruling, they may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice. The People's Court shall notify the opposing party in the trademark invalidation proceeding to participate in the litigation as a third party.

Article 52: If, upon expiration of the statutory period, a party does not request reconsideration of the decision by the trademark administration department of the State Council declaring a registered trademark invalid, or does not file a lawsuit with the People's Court against the reconsideration decision or the ruling maintaining the registered trademark or declaring it invalid, the decision or ruling shall take effect.

Article 53: A registered trademark declared invalid in accordance with the provisions of Articles 50 and 51 of this Law shall be announced by the trademark administration department under the State Council. The exclusive right to use such a registered trademark shall be deemed not to have existed from the beginning.

A decision or ruling declaring a registered trademark invalid shall not have retroactive effect on: (1) judgments, rulings, or mediation agreements by people's courts that were rendered and enforced prior to the declaration of invalidity in trademark infringement cases; (2) handling decisions by trademark enforcement authorities that were made and enforced prior to such declaration in trademark infringement cases; or (3) trademark assignment or licensing contracts that have already been performed. However, if losses are caused to others due to the malice of the trademark registrant, compensation shall be provided.

If it is clearly unfair not to return trademark infringement damages, trademark transfer fees, or trademark licensing fees as prescribed in the preceding paragraph, such amounts shall be returned in full or in part.

Chapter 7: Trademark Management

Article 54 Where a trademark registration applicant engages in one of the following malicious acts of applying for trademark registration, causing adverse effects, the department responsible for trademark enforcement shall issue a warning and may impose a fine of up to 100,000 yuan.

(1) Knowingly applying to register a trademark in violation of the provisions of Article 15 or the first paragraph of Article 16 of this Law;

(2) Applying for trademark registration in violation of Article 19 of this Law;

(3) Intentionally applying to register a trademark in violation of Articles 21, 22, or 24 of this Law.

Article 55: A trademark registrant may use the trademark themselves or license others to use their registered trademark through a trademark licensing agreement. The licensor shall supervise the quality of goods produced by the licensee using the registered trademark, and the licensee shall ensure the quality of such goods. If the licensee fails to fulfill their quality assurance obligations, the licensor has the right to terminate the trademark licensing agreement.

If using a registered trademark with permission, the licensee's name and the product's place of origin must be indicated on the goods bearing the mark.

If a licensor permits another party to use their registered trademark, the licensor must record the trademark license with the State Council's trademark authority, which shall publish the record. A trademark license that has not been recorded cannot be asserted against a bona fide third party.

Article 56: Where a registered trademark is used in a manner that misleads the public, the trademark enforcement authority shall order correction within a specified time limit. If the illegal business volume exceeds 50,000 yuan, a fine of up to five times the illegal business volume may be imposed; if there is no illegal business volume or it is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed. Failure to correct within the time limit shall result in revocation of the registered trademark by the State Council's trademark administrative department.

Article 57: Where a trademark registrant, during the use of a registered trademark, unilaterally alters the registered trademark, the registrant's name or address, or other registered particulars, the department responsible for trademark enforcement shall order correction within a specified time limit. If no correction is made by the deadline, a fine of up to 50,000 yuan shall be imposed. In serious cases, the State Council's trademark administrative authority may cancel the registered trademark.

A registered trademark may be revoked by any entity or individual if it becomes the generic name of the goods for which it is registered, or if it has not been used without justifiable cause for three consecutive years. The trademark authority under the State Council shall make a decision within nine months from the date of receiving the application. If an extension is required due to special circumstances, the head of the trademark authority may approve an extension of up to three months.

If a registered trademark falls under the circumstances specified in the preceding paragraph, the competent department of the State Council for trademark administration may cancel the registration. Specific measures shall be prescribed by such department.

Article 58: If a party is dissatisfied with the decision of the trademark administration department under the State Council to revoke or not to revoke a registered trademark, they may apply for reconsideration within 15 days from the date of receiving the notice. The trademark administration department shall make a decision and notify the party in writing within nine months from the date of receiving the application. In special circumstances requiring an extension, upon approval by the head of the trademark administration department, the period may be extended by up to three months. If a party is dissatisfied with the decision on reconsideration, they may file a lawsuit in the People's Court within 30 days from the date of receiving the notice.

Article 59: If the statutory period expires and the parties do not apply for reconsideration of the decision by the State Council's trademark administrative department to cancel a registered trademark, or do not file a lawsuit with the People's Court against the reconsideration decision, the decision to cancel the registered trademark or the reconsideration decision shall take effect.

A cancelled registered trademark shall be announced by the trademark administration department of the State Council. The exclusive right to use the registered trademark shall terminate as of the date of announcement.

Article 60: Where a collective trademark or certification trademark registrant commits any of the following acts, the department responsible for trademark enforcement shall order it to make corrections within a time limit; if the corrections are not made within the time limit, a fine of not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed:

(1) Neglecting trademark management duties, causing harm to consumers.

(II) The registrant of a collective mark refuses without valid reason to permit its organization members to use the collective mark, or the registrant of a certification mark refuses without valid reason to license eligible applicants to use the certification mark.

(3) Exercising exclusive rights to a registered trademark in violation of this Law, relevant administrative regulations, or national rules, resulting in adverse effects.

Article 61: Whoever violates the provisions of Article 8 of this Law shall be ordered by the department responsible for trademark enforcement to apply for registration within a specified time limit. If the illegal business volume exceeds 50,000 yuan, a fine of up to 20% of the illegal business volume may be imposed; if there is no illegal business volume or it is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.

Article 62: Where an unregistered trademark is used as if it were registered, or where an unregistered trademark is used in violation of Article 15 or the first paragraph of Article 16 of this Law, the department responsible for trademark enforcement shall order correction within a specified time limit. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 63: For trademarks well-known to the relevant public, the holder may request protection as a well-known trademark in accordance with this Law if they believe their rights have been infringed.

During trademark registration examination, adjudication of trademark infringement cases, or investigation of unfair competition cases, if a party asserts their rights in accordance with the law, the State Council's trademark administrative department may make a determination on whether the trademark is well-known as needed for handling the case.

In civil trademark disputes, administrative trademark cases, or unfair competition proceedings, if a party asserts their rights in accordance with the law, people's courts designated by the Supreme People's Court may determine whether a trademark is well-known as necessary for adjudicating the case.

The status of a well-known trademark shall be determined as a fact to be established in trademark-related cases upon the request of the parties. In determining whether a trademark is well-known, the following factors shall be comprehensively considered:

(1) The degree of recognition of the trademark among the relevant public;

(2) Duration, manner, and geographic scope of the trademark's use;

(3) Duration, scope, and geographic reach of any promotional activities related to the trademark.

(4) Records of the trademark's protected status, including any records of it being recognized as a well-known trademark;

(5) Other factors contributing to the fame of the trademark.

Article 64: Business operators shall not use the term "well-known trademark" on products, packaging, or containers, nor in advertising, exhibitions, or other commercial activities.

Any violation of the preceding paragraph shall be subject to an order for correction by the trademark enforcement authority and a fine of up to 100,000 yuan.

Article 65 Trademark agencies and trademark agents shall adhere to the principle of good faith, comply with laws and administrative regulations, uphold professional ethics and codes of conduct, perform their duties diligently, protect the legitimate rights and interests of their clients, and shall not engage in or assist clients in acts that harm national interests, public interests, or the legitimate rights and interests of others.

Trademark agencies shall handle trademark registration applications or other trademark matters as instructed by the client. They must keep confidential any trade secrets of the client learned during representation. If a trademark application may fall under circumstances prohibited from registration under this Law, the agency must clearly inform the client.

Trademark agency practitioners shall handle trademark agency matters as assigned by the trademark agency and may not accept commissions independently. Practitioners must not engage in trademark agency work at more than one trademark agency simultaneously. They are responsible for all trademark agency matters they have signed off on.

Trademark agencies shall report information about themselves and their trademark practitioners to the competent trademark authority of the State Council for filing. Departments at all levels responsible for trademark management and enforcement shall strengthen oversight of trademark agencies and their practitioners.

Article 66 Trademark agency industry organizations are self-regulatory bodies for the trademark agency industry.

Trademark agency industry organizations shall, in accordance with their charters, strictly enforce membership admission criteria, strengthen self-discipline, establish industry self-discipline norms and disciplinary rules, conduct business training as well as education on professional ethics and practice discipline, guide and organize members to engage in trademark agency services in compliance with laws and regulations, continuously improve service quality within the industry, and impose disciplinary actions on members who violate industry self-discipline norms. Trademark agency industry organizations shall promptly disclose information regarding their membership admissions and disciplinary measures to the public.

Article 67 If a trademark agency commits any of the following acts, the department responsible for trademark enforcement shall order it to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. The directly responsible supervisor and other directly responsible personnel shall be given a warning and fined not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, they shall be fined not less than 50,000 yuan but not more than 100,000 yuan:

(1) Forging, altering, or using forged or altered legal documents, seals, or signatures during trademark proceedings;

(II) Soliciting trademark agency business through fraud, deception, or disparaging other trademark agencies.

(3) Accepting representation of both parties with conflicting interests in the same trademark case.

(4) Knowingly or should have known that the trademark application filed by the client falls under the circumstances specified in Articles 15, 16 (Paragraph 1), 19, 21, 22, or 24 of this Law, yet still accepted the commission;

(5) Violation of the provisions of Article 25 of this Law, or occurrence of any circumstances specified in Article 54 of this Law;

(6) Disrupting the order of trademark agency services through other improper means.

If a trademark agency engages in the conduct described in the preceding paragraph and the circumstances are serious, the State Council's trademark authority may decide to suspend acceptance of its trademark agency applications and issue a public announcement.

Trademark agencies that fail to register as required by law shall be ordered by the trademark enforcement authority to make corrections within a specified time limit; if they fail to do so, they shall be fined between 10,000 and 50,000 yuan.

If a trademark agency violates the principle of good faith, fails to fulfill its duty of diligence, and infringes upon the legitimate rights and interests of its client, it shall bear civil liability in accordance with the law and be subject to disciplinary action by the trademark agency industry organization pursuant to its articles of association.

Article 68 If a trademark agency practitioner engages in any of the following acts, the department responsible for trademark enforcement shall order them to make corrections within a time limit, issue a warning, and impose a fine ranging from RMB 5,000 to RMB 50,000; if the circumstances are serious, a fine ranging from RMB 50,000 to RMB 100,000 shall also be imposed:

(1) Accept trademark agency engagements independently;

(II) Engaging in trademark agency services for more than one trademark agency simultaneously;

(3) Other acts that seriously disrupt the order of the trademark agency market.

Article 69: In the course of trademark registration examination, adjudication, or handling of trademark disputes abroad, if it is necessary to prove that a trademark is well-known among the relevant public in China, upon request by the parties concerned, the competent department of the State Council for trademarks may issue a determination on the trademark's well-known status in accordance with Article 63 of this Law.

Using fraudulent or other improper means to handle overseas trademark registration applications or other trademark matters for clients within China, thereby harming the interests of the client, the state, public interest, or the legitimate rights and interests of others, shall be dealt with and punished in accordance with Article 67 of this Law.

Article 70: Any unit or individual may report or complain to the department responsible for trademark management and enforcement against any illegal act, such as using a registered trademark in a manner that misleads the public or infringes upon the exclusive right to use a registered trademark.

Chapter VIII: Protection of the Exclusive Right to Use a Registered Trademark

Article 71: The exclusive right to use a registered trademark is limited to the trademark as approved for registration and the goods as specified for its use.

Article 72: Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical to the registered trademark on the same goods without the permission of the trademark registrant;

(2) Using a trademark that is similar to a registered trademark on the same goods, or using an identical or similar trademark on similar goods, without the consent of the trademark registrant, where such use is likely to cause confusion.

(3) Selling goods that infringe on exclusive rights to registered trademarks;

(4) Forging or manufacturing trademark identification marks of others without authorization, or selling such forged or unauthorized trademark identification marks;

(5) Replacing the registered trademark of a registrant without their consent and placing the rebranded goods on the market.

(6) Knowingly providing convenience to others for acts of infringing the exclusive right to use a registered trademark, thereby aiding and abetting such infringement.

(7) Causing other damage to the exclusive right to use another party's registered trademark.

Article 73: The exclusive right to use a registered trademark shall not prevent others from making legitimate use of generic names, designs, or models of the goods contained therein; indications directly describing the type, nature, quality, main raw materials, functions, intended use, weight, quantity, value, geographical origin, or other characteristics of the goods; or place names included in the registered trademark.

No right shall be granted to the exclusive user of a registered trademark to prohibit others from making legitimate use of shapes, color combinations, sounds, or dynamic effects contained within the trademark that arise from the nature of the goods themselves, are necessary to achieve a technical effect, or give substantial value to the goods.

Use of a registered trademark solely to indicate the purpose, intended users, application scenarios, or other information about the provided goods, or to indicate their true source, shall not be prohibited by the exclusive right holder of the registered trademark, unless such use is likely to cause confusion.

Before a trademark registrant applies for registration, if another party has already used an identical or similar trademark on the same or related goods prior to the registrant and such use has gained some influence, the exclusive right holder of the registered trademark may not prohibit the prior user from continuing to use the mark within the original scope of use. However, the prior user may be required to add appropriate distinguishing markings.

Article 74: Where an act listed in Article 72 of this Law infringes upon the exclusive right to a registered trademark and gives rise to a dispute, the parties shall resolve it through negotiation. If negotiation is not desired or fails, the trademark registrant or an interested party may file a lawsuit with the People's Court or request the relevant trademark enforcement authority to handle the matter.

When a trademark enforcement authority determines that an infringement has occurred, it shall order the immediate cessation of infringing acts and confiscate the infringing goods as well as tools primarily used to manufacture infringing goods or forge registered trademark identifiers. If the illegal business volume exceeds 50,000 yuan, a fine of up to five times the illegal business volume may be imposed; if there is no illegal business volume or it is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed. For repeated trademark infringements within five years or other serious circumstances, heavier penalties shall be applied. Where a seller unknowingly sells goods that infringe upon exclusive rights to a registered trademark but can prove that the goods were lawfully obtained and identify the supplier, the trademark enforcement authority shall order the cessation of sales.

Disputes over compensation amounts for infringement of exclusive trademark rights may be resolved through mediation by the trademark enforcement authority, or the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If mediation by the trademark enforcement authority fails to produce an agreement, or if a party fails to comply with the effective mediation statement, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 75: The department responsible for trademark enforcement shall have the authority to investigate and handle acts that infringe upon the exclusive right to use a registered trademark in accordance with the law.

Where trademark infringement involving a registered trademark constitutes a crime, the department responsible for trademark enforcement shall promptly transfer the case to the public security authorities for handling in accordance with the law. Where criminal liability is not required or punishment is exempted under the law, but administrative penalties are warranted, the public security authorities, people's procuratorates, and people's courts shall promptly transfer the case to the department responsible for trademark enforcement for handling in accordance with the law. When the public security authorities, people's procuratorates, or people's courts request professional support, expert opinions, or assistance such as environmentally safe disposal of infringing items from the department responsible for trademark enforcement or the department responsible for trademark registration and administration, the relevant departments shall provide timely assistance.

Article 76: When the department responsible for trademark enforcement investigates suspected acts of infringing upon another person's exclusive right to use a registered trademark based on evidence of suspected violations or complaints and reports received, it may exercise the following powers:

(1) Interview relevant parties and investigate circumstances related to infringement of others' exclusive rights to registered trademarks;

(2) Access, copy contracts, invoices, account books, receipts, documents, records, business correspondence, audio-visual materials, electronic data, and other relevant information related to the infringement activities involving the parties.

(3) Conduct on-site inspections of premises where a party is suspected of engaging in activities that infringe upon another party's exclusive right to use a registered trademark;

(4) Inspect items related to infringing activities; seize or detain items that have evidence proving they infringe upon another party's exclusive right to use a registered trademark.

(5) Where evidence may be lost or become difficult to obtain in the future, it may be preserved through advance registration.

When the department responsible for trademark enforcement exercises the powers specified in the preceding paragraph, the parties involved shall assist and cooperate, and may not refuse or obstruct such exercise.

During the investigation of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in a people's court, the department responsible for trademark enforcement may suspend the case investigation. Once the reason for suspension is resolved, the case investigation procedure shall be resumed or terminated.

Article 77. The amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined based on either the actual loss suffered by the rights holder due to the infringement or the profits gained by the infringer. Where such loss or profit is difficult to determine, compensation may be reasonably established by referencing a multiple of the licensing fees for the trademark. For willful infringement of the exclusive right to use a registered trademark under circumstances that are serious, the compensation amount may be set at not less than one time and not more than five times the amount determined using the aforementioned methods.

To determine compensation, if the right holder has made every reasonable effort to present evidence and the books or records related to the infringement are primarily in the possession of the infringer, the people's court may order the infringer to produce such books or records. If the infringer fails to produce them or submits false ones, the people's court may assess the amount of compensation based on the right holder's claims and submitted evidence.

If the actual losses suffered by the right holder due to infringement, the profits gained by the infringer from the infringement, or the licensing fees for the registered trademark are difficult to determine, the People's Court shall award compensation of up to RMB 5 million based on the circumstances of the infringement.

The amount of compensation shall also include reasonable expenses incurred by the right holder in stopping the infringing act.

In trademark dispute cases, upon the right holder's request, the People's Court shall order the destruction of counterfeit registered trademark goods, except under special circumstances. For materials and tools primarily used to manufacture such counterfeit goods, the Court shall order their destruction without compensation; alternatively, under special circumstances, it may order that such materials and tools be prohibited from entering commercial channels, also without compensation.

Goods bearing counterfeit registered trademarks may not enter commercial channels after the sole removal of those marks.

Article 78: Where the exclusive right holder of a registered trademark requests compensation and the alleged infringer raises a defense that the exclusive right holder has not used the registered trademark, the people's court may require the exclusive right holder to provide evidence of actual use of the registered trademark within the three years preceding the infringement. If the exclusive right holder fails to prove actual use of the registered trademark during such three-year period or fails to demonstrate other losses suffered due to the infringement, the alleged infringer shall not bear liability for compensation.

A seller who is unaware that a product infringes on an exclusive right to use a registered trademark shall not be liable for compensation if they can prove that the product was lawfully obtained and identify the supplier.

Article 79 Where a trademark registrant or an interested party has evidence that another person is engaging in, or is about to engage in, conduct that infringes upon their exclusive right to use the registered trademark, and failure to halt such conduct promptly would cause irreparable harm to their lawful rights and interests, they may apply to the People's Court before filing a lawsuit for orders to cease the relevant acts and for property preservation measures, in accordance with the law.

Article 80. To prevent infringement, where evidence may be destroyed or become difficult to obtain later, a trademark registrant or interested party may apply to the People's Court for preservation of evidence prior to filing a lawsuit in accordance with the law.

Article 81: For trademark lawsuits filed through malicious collusion, unilaterally fabricating basic facts, or similar means, the people's court shall impose penalties in accordance with the law. If such actions cause losses to the opposing party, civil liability shall be borne in accordance with the law.

Article 82: Public officials engaged in trademark registration, management, and enforcement shall uphold fairness, maintain integrity, fulfill their duties faithfully, and provide civilized service.

Departments responsible for trademark registration and management, departments engaged in trademark law enforcement, and public officials performing these duties shall not engage in trademark agency services or commodity production and business activities.

Article 83 The departments responsible for trademark registration and management and those responsible for trademark law enforcement shall establish and improve internal supervision systems to conduct inspections and supervision over the performance of public officials in enforcing laws and administrative regulations and adhering to disciplinary rules in their work on trademark registration, management, and enforcement.

Article 84. Public officials engaged in trademark registration, management, enforcement, or other related duties who violate this Law by engaging in trademark agency services or commercial production and operation activities, or who abuse their authority, neglect their duties, or engage in favoritism and fraud, shall be subject to disciplinary action in accordance with the law if any of the following circumstances occur:

(1) Granting trademark registration to marks that do not meet the requirements, resulting in adverse effects.

(II) Failure to issue legally required orders for correction or administrative penalties.

(3) Failing to fulfill trademark administration and law enforcement duties in accordance with the law upon discovering illegal acts or receiving complaints or reports;

(4) Other acts subject to disciplinary action as prescribed by law.

Article 85 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.

Chapter 9: Supplementary Provisions

Article 86: Application for trademark registration and handling of other trademark matters shall be subject to fees, with specific charge standards to be determined separately.

Article 87: This Law shall come into force on 2027/1/1.

Trademarks registered before this Law takes effect shall remain valid.