Note: This translation will be replaced or updated once the National People’s Congress or the China National Intellectual Property Administration releases a translation.
On June 26, 2026, the 23rd Meeting of the Standing Committee of the Fourteenth National People’s Congress on June 26, 2026 amended the Chinese Trademark Law. The Amended Law goes into effect on January 1, 2027. A review of some of the changes is available here. A translation follows.
(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People’s Congress on August 23, 1982; amended for the first time according to the Decision on Amending the Trademark Law of the People’s Republic of China adopted at the 30th Meeting of the Standing Committee of the Seventh National People’s Congress on February 22, 1993; amended for the second time according to the Decision on Amending the Trademark Law of the People’s Republic of China adopted at the 24th Meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001; amended for the third time according to the Decision on Amending the Trademark Law of the People’s Republic of China adopted at the 4th Meeting of the Standing Committee of the Twelfth National People’s Congress on August 30, 2013; amended for the fourth time according to the Decision on Amending Eight Laws Including the Construction Law of the People’s Republic of China adopted at the 10th Meeting of the Standing Committee of the Thirteenth National People’s Congress on April 23, 2019; amended at the 23rd Meeting of the Standing Committee of the Fourteenth National People’s Congress on June 26, 2026)
Table of contents
Chapter One: General Provisions
Chapter Two: Conditions for Trademark Registration
Chapter Three: Application for Trademark Registration
Chapter Four: Examination and Approval of Trademark Registration
Chapter Five: Renewal, Modification, Transfer, and Cancellation of Registered Trademarks
Chapter Six: Invalidation of Registered Trademarks
Chapter Seven: Trademark Management
Chapter Eight: Protection of Exclusive Rights to Registered Trademarks
Chapter Nine: Supplementary Provisions
Chapter One: General Provisions
Article 1. This Law is formulated to protect the exclusive right to use registered trademarks, strengthen trademark administration, regulate the registration and use of trademarks, urge producers and operators to ensure the quality of goods and services, maintain trademark reputation, protect the interests of consumers and producers and operators, and promote the healthy development of the socialist market economy.
Article 2. For the purposes of this Law, “trademark” refers to a sign used to identify and distinguish the source of goods or services, including trademarks for goods and service marks. The provisions of this Law concerning trademarks for goods shall apply to service marks.
The use of a trademark as referred to in this Law means the act of using a trademark on goods, packaging or containers of goods, or on documents relating to the transaction of goods, or in advertising, exhibitions and other commercial activities, for the purpose of identifying and distinguishing the source of goods.
The use of a trademark as referred to in the preceding paragraph includes use through information networks such as the Internet.
Article 3. Trademark work shall implement the Party and the State’s intellectual property strategy and improve the level of trademark protection, utilization, management and services.
Article 4. The trademark administration department under the State Council is responsible for trademark registration and administration nationwide. The departments responsible for trademark administration under the local people’s governments at or above the county level are responsible for trademark administration within their respective administrative regions.
Departments of people’s governments at or above the county level that are responsible for trademark enforcement shall be responsible for trademark enforcement work within their respective duties and powers.
The departments responsible for trademark registration and management and the departments responsible for trademark enforcement should establish a working mechanism to strengthen information sharing and work coordination.
Article 5. A trademark that has been approved and registered by the trademark administration department of the State Council is a registered trademark. The trademark registrant has the right to indicate “registered trademark” or the registration mark, enjoy the exclusive right to use the registered trademark, and is protected by law.
Natural persons, legal persons, or unincorporated organizations that need to obtain exclusive rights to registered trademarks for their goods or services in their production and business activities shall apply to the trademark administration department of the State Council for trademark registration.
Article 6. For the purposes of this Law, a collective mark refers to a mark registered in the name of an industry association or other social organization, for use by its members in commercial activities to indicate the user’s membership in the organization.
The term “certification mark” as used in this Law refers to a mark controlled by an organization with the ability to supervise 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 the goods or services.
Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the trademark administration 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 for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the registered trademark.
Article 8. For goods that are required by laws and administrative regulations to use registered trademarks, an application for trademark registration shall be made. Without approval for registration, they shall not be sold on the market.
Article 9. When applying for trademark registration and use, the principle of good faith shall be followed, and the right shall not be abused to harm national interests, public interests, or the legitimate rights and interests of others.
Trademark users are responsible for the quality of the goods bearing their trademarks. Departments at all levels responsible for trademark management and enforcement should strengthen trademark management and enforcement in accordance with the law, and curb acts that deceive consumers.
Article 10. When applying for trademark registration or handling other trademark matters, one may do so independently or entrust a legally established trademark agency to do so.
Article 11. When a foreigner, foreign enterprise or other foreign organization applies for trademark registration in China, it shall be handled in accordance with the agreement signed between its country of origin and the People’s Republic of China or the international treaty to which both are parties, or in accordance with the principle of reciprocity.
Foreigners, foreign enterprises, or other foreign organizations that do not have a habitual residence or place of business in China shall entrust a legally established trademark agency to handle trademark registration and other trademark-related matters in China.
Article 12. International registration of trademarks shall follow the system established by the relevant international treaties concluded or acceded to by the People’s Republic of China, and the specific measures shall be stipulated by the State Council.
Article 13. The State Council’s trademark administration department shall strengthen the construction of an information-based and intelligent trademark public service system, improve the convenience of trademark business processing, release trademark information completely, accurately, and promptly, and improve the level of trademark information services and management.
Chapter Two: 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, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, dynamic signs, and combinations of the above elements, may be applied for trademark registration.
Article 15. The following marks shall not be registered or used as trademarks:
(i) Those that are identical or similar to the name, flag, emblem, medals, or iconic elements related to important theoretical achievements or historical events of the Communist Party of China;
(ii) Those that are identical or similar to the name, national flag, national emblem, national anthem, military flag, military emblem, military song, medals, etc. of the People’s Republic of China, as well as those that are identical to the names, symbols, names of specific locations or landmark buildings of the central and state organs;
(iii) Names, flags, emblems, military flags, etc. of foreign countries that are identical or similar, except with the consent of the government of that country;
(iv) Names, flags, emblems, etc. that are identical or similar to those of intergovernmental organizations, except with the consent of the organization or that are unlikely to mislead the public;
(v) Marks or inspection stamps that are identical or similar to official marks or inspection stamps that indicate control or assurance, except those that are authorized;
(vi) Those whose names or symbols are the same as or similar to “Red Cross” or “Red Crescent”;
(vii) Contains ethnic discrimination;
(viii) Products that are deceptive and easily mislead the public about the quality, craftsmanship, raw materials, or place of origin of the goods;
(ix) Violating public order and good morals or having other adverse effects.
Article 16. Names of administrative divisions at or above the county level or well-known foreign place names shall not be registered or used as trademarks. However, this does not apply if the place name has other meanings or is part of a collective mark or certification mark; trademarks already registered using place names shall remain valid.
The registration and use of national park symbols, Olympic symbols, special symbols, and other symbols as trademarks shall be governed by this law and the provisions of relevant laws and administrative regulations.
Article 17. A trademark application must be distinctive and easily identifiable. The following marks shall not be registered as trademarks:
(i) Products that only contain the generic name, graphic, or model number of this product;
(ii) Descriptions that only directly indicate the quality, main raw materials, function, use, weight, quantity and other characteristics of the goods;
(iii) Others that lack significant features.
If the marks listed in the preceding paragraph have acquired distinctiveness through use and are easily identifiable, they may be registered as trademarks.
Article 18. When applying for trademark registration using three-dimensional marks, color combinations, sounds, or dynamic marks, shapes, color combinations, sounds, dynamic effects, etc., that arise solely from the nature of the goods themselves, are necessary to achieve a technical effect, or give the goods substantial value, shall not be registered as trademarks.
Article 19. Trademark applications that are not intended for use and clearly exceed the needs of normal production and operation shall not be registered.
Trademark registration must not be applied for through deception or other improper means.
Article 20. A trademark applied for registration shall not be identical or similar to a trademark that has already been registered or previously applied for by another person on the same or similar goods.
Article 21. If a trademark applied for registration for the same or similar goods is a copy, imitation, or translation of another person’s well-known trademark that is not registered in China and is likely to cause confusion, it shall not be registered and its use shall be prohibited.
If a trademark applied for registration for dissimilar or unrelated goods is a copy, imitation, or translation of another person’s well-known trademark, and misleads the public, potentially harming the interests of the holder of the well-known trademark, it shall not be registered and its use shall be prohibited.
Article 22. If an agent or representative registers the trademark of the principal or the represented party in his or her own name without authorization, and the principal or the represented party raises an objection, the registration shall not be granted and the use of the trademark shall be prohibited.
If a trademark applied for registration for the same or similar goods is identical or similar to an unregistered trademark previously used by another party, and the applicant has a contractual, business, or other relationship with that other party (other than those specified in the preceding paragraph) and is aware of the existence of that other party’s trademark, and that other party raises an objection, the trademark shall not be registered.
Article 23. If a trademark contains a geographical indication of goods, but the goods do not originate from the region indicated by the indication, and this misleads the public, it shall not be registered and its use shall be prohibited; however, trademarks that have already been registered in good faith shall remain valid.
The geographical indication mentioned in the preceding paragraph refers to a mark that indicates that a product originates from a certain region, and that the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of that region.
Article 24. Applications for trademark registration shall not infringe upon the existing prior legitimate rights and interests of others, nor shall they be made to preemptively register trademarks that have already been used by others and have a certain influence.
Article 25. Trademark agencies may not apply for trademark registration for any other trademarks other than those for their agency services.
Chapter Three: Application for Trademark Registration
Article 26. Applicants for trademark registration shall fill in the categories and names of goods for which the trademark will be used in accordance with the prescribed classification of goods and submit a registration application.
A trademark applicant can apply for registration of the same trademark for goods in multiple classes with a single application.
Trademark registration applications and related documents shall be submitted in writing. Data messages that can tangibly represent their content through electronic data interchange or other means and can be retrieved and accessed at any time are considered to be in writing.
Article 27. If a registered trademark needs to obtain exclusive rights to the registered trademark on goods outside the approved scope of use, a separate registration application shall be submitted.
Article 28. If a registered trademark needs to change its mark, a new registration application shall be submitted.
Article 29. If a trademark registration applicant files a trademark registration application in China for the same goods under the same trademark within six months from the date on which the trademark was first filed in a foreign country, the applicant may enjoy priority rights in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority rights.
To claim priority in accordance with the preceding paragraph, a written declaration shall be submitted at the time of filing the trademark registration application, and a copy of the first trademark registration application documents shall be submitted within three months; failure to submit a written declaration or failure to submit a copy of the trademark registration application documents within the time limit shall be deemed as failure to claim priority.
Article 30. If a trademark is first used on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date of the exhibition.
If priority is claimed in accordance with the preceding paragraph, a written declaration shall be submitted when the trademark registration application is filed, and supporting documents such as the name of the exhibition on which the goods were displayed, evidence of the use of the trademark on the displayed goods, and the exhibition date shall be submitted within three months; failure to submit a written declaration or failure to submit supporting documents within the time limit shall be deemed as failure to claim priority.
Article 31. The matters declared and materials provided for trademark registration applications shall be true, accurate and complete.
Chapter Four: Examination and Approval of Trademark Registration
Article 32. The trademark administration department under the State Council shall complete the examination of the trademark registration application within nine months from the date of receiving the application documents. If the application complies with the relevant provisions of this Law, it shall be preliminarily approved and announced.
Article 33. During the examination process, if the trademark administration department under the State Council deems it necessary to explain or amend the content of a trademark registration application, it may request the applicant to provide such explanation or amendment. Failure by the applicant to provide such explanation or amendment shall not affect the examination decision made by the trademark administration department under the State Council.
Article 34. If a trademark application does not comply with the relevant provisions of this Law, the trademark administration department under the State Council shall reject the application and not publish it.
Article 35. If two or more trademark registration applicants apply for registration of the same or similar trademarks for the same or similar goods, the trademark applied for first shall be preliminarily approved and published; if the applications are filed on the same day, the trademark used first shall be preliminarily approved and published, and the applications of the others shall be rejected and not published.
Article 36. For trademarks that have been preliminarily approved and published, within two months from the date of publication, prior rights holders or interested parties who believe that they violate Articles 20 to 22, Article 23, Paragraph 1, or Article 24 of this Law, or anyone who believes that they violate Articles 15, Article 16, Paragraph 1, Articles 17 to 19, or Article 25 of this Law, may file an objection with the trademark administration department under the State Council. If no objection is filed within 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 rejected or not published, the trademark administration department under the State Council shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, they may apply for review to the trademark administration department under the State Council within fifteen days from the date of receiving the notification. The trademark administration department under the State Council shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. In special circumstances requiring an extension, it may be extended for three months with the approval of the head of the trademark administration department under the State Council. If a party is dissatisfied with the review decision, they may file a lawsuit with the People’s Court within thirty days from the date of receiving the notification.
Article 38. If an objection is raised against a trademark that has been preliminarily approved and published, the trademark administration department under the State Council shall hear the statements of facts and reasons from both the objector and the objected party. After investigation and verification, it shall make a decision on whether to grant registration within twelve months from the date of expiration of the publication period and notify the objector and the objected party in writing. In special circumstances requiring an extension, it may be extended for six months with the approval of the head of the trademark administration department under the State Council.
If the trademark administration department under the State Council makes a decision to grant registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is dissatisfied, he/she may request the trademark administration department under the State Council to declare the registered trademark invalid in accordance with the provisions of Articles 50 and 51 of this Law.
If the trademark administration department under the State Council makes a decision not to register a trademark, and the party against whom the application is filed disagrees, they may apply for a review within fifteen days from the date of receiving the notification. The trademark administration department under the State Council shall make a review decision within twelve months from the date of receiving the application and notify both the objector and the party against whom the application is filed in writing. In special circumstances requiring an extension, the extension may be extended by six months with the approval of the head of the trademark administration department under the State Council. If the party against whom the application is filed disagrees with the review decision, they may file a lawsuit with the People’s Court within thirty days from the date of receiving the notification. The People’s Court shall notify the objector to participate in the litigation as a third party.
Article 39. If, upon the expiration of the statutory time limit, the party concerned does not apply for review of the decision to reject the application or refuse registration made by the trademark administration department of the State Council, or does not file a lawsuit with the people’s court against the review decision, the decision to reject the application, the decision to refuse registration, or the review decision shall take effect.
For trademarks that are granted registration after examination and where objections are found to be invalid, the applicant for trademark registration shall acquire the exclusive right to the registered trademark from the date of expiration of the two-month period following the preliminary approval announcement. From the date of expiration of the trademark announcement period until the decision to grant registration is made, there is no retroactive effect on any other person’s use of a mark identical or similar to the trademark on the same or similar goods; however, compensation shall be given for any losses caused to the trademark registrant due to the malicious intent of the user.
Article 40. The trademark administration department of the State Council shall promptly examine trademark registration applications and trademark review applications.
The applicant may apply to withdraw the matter stipulated in the preceding paragraph.
Article 41. In the course of examining trademark oppositions, appeals against rejections, appeals against non-registration, and invalidation cases, if the determination of prior rights involved requires the outcome of another case being heard by a people’s court or handled by an administrative agency, the trademark administration department under the State Council may suspend the examination and hearing. The examination and hearing procedure shall be resumed promptly after the cause of suspension is eliminated.
Article 42. If a trademark applicant or registrant discovers obvious errors in the trademark application documents or registration documents, they may apply for correction. The trademark administration department under the State Council shall make corrections within its authority in accordance with the law and notify the parties concerned.
The correction of errors mentioned above does not involve the substantive content of the trademark application documents or registration documents.
Chapter Five: Renewal, Modification, Transfer, and Cancellation of Registered Trademarks
Article 43. The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 44. If a registered trademark needs to be used continuously after its expiration, the trademark registrant shall apply for renewal within twelve months before the expiration date; if the application is not made within this period, a grace period of six months may be granted. Each renewal registration is valid for ten years, calculated from the day following the expiration of the previous term of validity of the trademark. If renewal procedures are not completed before the grace period expires, the registered trademark shall be cancelled.
The State Council’s trademark administration department shall publish announcements regarding trademarks that have undergone renewal registration.
Article 45. If a registered trademark needs to change the name, address, or other registered matters of the registrant, an application for change shall be submitted.
Article 46. When a registered trademark is transferred, the transferor and the transferee shall enter into a transfer agreement and jointly submit an application to the trademark administration department under the State Council. The transferee shall guarantee the quality of the goods bearing the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer any similar trademarks registered for the same goods, or identical or similar trademarks registered for similar goods, together with the registered trademark.
The State Council’s trademark administration department will not approve any transfer that is likely to cause confusion or have other adverse effects, and will notify the applicant in writing with reasons.
Once the transfer of a registered trademark is approved, it will be publicly announced. The transferee shall enjoy the exclusive right to use the registered trademark from the date of the announcement.
Article 47. When transferring a collective trademark or certification mark, the transferee shall have the corresponding legal status and supervisory capacity.
Article 48. If a trademark registrant applies to cancel its registered trademark or cancel its registration on certain designated goods, and the cancellation is approved by the trademark administration department under the State Council, it shall be announced; the exclusive right to use the registered trademark or the validity of the exclusive right to use the registered trademark on certain designated goods shall terminate from the date of the announcement.
Article 49. If a trademark registrant applies to cancel its registered trademark, the trademark administration department under the State Council shall not approve any trademark registration application by others for the same or similar goods that is identical or similar to the trademark within one year from the date of the cancellation announcement.
Chapter Six: Invalidation of Registered Trademarks
Article 50. If a registered trademark violates the provisions of Articles 15, 16(1), 17 to 19, or 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.
When the trademark administration department under the State Council makes a decision to invalidate a registered trademark, it shall notify the parties concerned in writing. If a party is dissatisfied, they may apply for a review within fifteen days from the date of receiving the notification. The trademark administration department under the State Council shall make a decision within nine months from the date of receiving the application and notify the parties concerned in writing. In special circumstances requiring an extension, it may be extended for three months with the approval of the head of the trademark administration department under the State Council. If a party is dissatisfied with the review decision, they may file a lawsuit with the People’s Court within thirty days from the date of receiving the notification.
If any entity or individual requests the Trademark Administration Department of the State Council to declare a registered trademark invalid, the Trademark Administration Department of the State Council, upon receiving the application, shall notify the relevant parties in writing and set a time limit for submitting a response. The Trademark Administration Department of the State Council shall, within nine months from the date of receipt of the application, issue a ruling to uphold the registered trademark or declare it invalid, and notify the parties in writing. In special circumstances requiring an extension, with the approval of the head of the Trademark Administration Department of the State Council, an extension of three months may be granted. If a party is dissatisfied with the ruling of the Trademark Administration Department of the State Council, they may file a lawsuit with the People’s Court within thirty days from the date of receiving the notification. The People’s Court shall notify the opposing party in the trademark adjudication proceedings to participate in the litigation as a third party.
Article 51. If a registered trademark violates Articles 20 to 22, Article 23 (paragraph 1), or Article 24 of this Law, the prior rights holder or interested party may request the trademark administration department under the State Council to declare the registered trademark invalid within five years from the date of registration. For malicious registration, the holder of a well-known trademark is not subject to the five-year time limit.
Upon receiving an application to invalidate a registered trademark, the Trademark Administration Department under the State Council shall notify the relevant parties in writing and require them to submit a response within a specified period. The Trademark Administration Department under the State Council shall, within twelve months from the date of receipt of the application, issue a ruling to uphold the registered trademark or declare it invalid, and notify the parties in writing. In special circumstances requiring an extension, the period may be extended by six months with the approval of the head of the Trademark Administration Department under the State Council. If a party is dissatisfied with the ruling of the Trademark Administration Department under the State Council, they may file a lawsuit with the People’s Court within thirty days from the date of receipt of the notification. The People’s Court shall notify the opposing party in the trademark adjudication proceedings to participate in the litigation as a third party.
Article 52. If, upon the expiration of the statutory time limit, the party concerned does not apply for review of the decision of 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 review decision, the ruling to uphold the registered trademark, or the ruling to declare a registered trademark invalid, the decision or ruling of the trademark administration department of the State Council shall take effect.
Article 53. A registered trademark that is declared invalid in accordance with Articles 50 and 51 of this Law shall be announced by the trademark administration department under the State Council, and the exclusive right to use such registered trademark shall be deemed to have never existed from the beginning.
A decision or ruling declaring a registered trademark invalid does not have retroactive effect on judgments, rulings, or mediation agreements made and executed by the People’s Court in trademark infringement cases prior to the invalidation, nor on decisions made and executed by the department responsible for trademark enforcement in trademark infringement cases, or on trademark transfer or licensing agreements that have already been performed. However, compensation should be given for losses caused to others by the trademark registrant’s malicious intent.
If the failure to return trademark infringement compensation, trademark transfer fees, or trademark licensing fees in accordance with the preceding paragraph clearly violates the principle of fairness, all or part of the compensation shall be returned.
Chapter Seven: Trademark Management
Article 54. If a trademark registration applicant commits any of the following acts of malicious 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 RMB:
(i) Knowingly applying for trademark registration despite knowing that the mark violates the provisions of Articles 15 and 16, Paragraph 1 of this Law;
(ii) Applying for trademark registration in violation of Article 19 of this Law;
(iii) Intentionally violating the provisions of Articles 21, 22 and 24 of this Law when applying for trademark registration.
Article 55. A trademark registrant may use the trademark himself or license others to use his/her registered trademark by entering into a trademark licensing agreement. The licensor shall supervise the quality of the goods on which the licensee uses the registered trademark. The licensee shall guarantee the quality of the goods on which the registered trademark is used. If the licensee fails to fulfill its quality assurance obligations, the licensor has the right to terminate the trademark licensing agreement.
If you are licensed to use another person’s registered trademark, you must indicate the licensee’s name and the place of origin of the goods on the goods using the registered trademark.
When licensing others to use a registered trademark, the licensor shall file the trademark license with the trademark administration department under the State Council for recordation, and the trademark administration department under the State Council shall issue a public announcement. A trademark license that has not been filed for recordation cannot be asserted against a bona fide third party.
Article 56. Anyone who uses a registered trademark in a manner that misleads the public shall be ordered by the department responsible for trademark enforcement to rectify the situation within a specified period. If the illegal business volume exceeds 50,000 RMB, a fine of up to five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 RMB, a fine of up to 250,000 RMB may be imposed. If the rectification is not made within the specified period, the trademark administration department of the State Council shall revoke the registered trademark.
Article 57. If a trademark registrant changes the registered trademark, the registrant’s name, address, or other registered matters on its own during the use of the registered trademark, the department responsible for trademark enforcement shall order it to rectify the situation within a specified period; if it fails to rectify the situation within the specified period, it shall be fined up to 50,000 RMB; if the circumstances are serious, the trademark administration department of the State Council shall revoke its registered trademark.
If a registered trademark becomes the generic name of the goods for which it is registered, or if it has not been used for three consecutive years without justifiable reason, any entity or individual may apply to the trademark administration department under the State Council for the cancellation of the registered trademark. The trademark administration department under the State Council shall make a decision within nine months from the date of receipt of the application. In special circumstances requiring an extension, it may be extended for three months with the approval of the head of the trademark administration department under the State Council.
If a registered trademark falls under any of the circumstances specified in the preceding paragraph, the trademark administration department under the State Council may revoke the registration. Specific procedures shall be stipulated by the trademark administration department under the State Council.
Article 58. If a party is dissatisfied with the decision of the Trademark Administration Department of the State Council to revoke or not revoke a registered trademark, they may apply for review to the Trademark Administration Department of the State Council within fifteen days from the date of receiving the notification. The Trademark Administration Department of the State Council shall make a decision within nine months from the date of receiving the application and notify the party in writing. In special circumstances requiring an extension, the extension may be extended by three months with the approval of the head of the Trademark Administration Department of the State Council. If a party is dissatisfied with the review decision, they may file a lawsuit with the People’s Court within thirty days from the date of receiving the notification.
Article 59. If, upon the expiration of the statutory time limit, the party concerned does not apply for review of the decision made by the trademark administration department of the State Council to revoke the registration of a trademark or does not file a lawsuit with the people’s court against the review decision, the decision to revoke the registration of a trademark and the review decision shall take effect.
The revoked trademark registration shall be announced by the trademark administration department under the State Council, and the exclusive right to use the registered trademark shall terminate from the date of the announcement.
Article 60. If a registrant of a collective mark or certification mark commits any of the following acts, the department responsible for trademark enforcement shall order him/her to rectify the situation within a specified period; if he/she fails to rectify the situation within the specified period, he/she shall be fined up to 10,000 RMB; if the circumstances are serious, he/she shall be fined between 10,000 RMB and 100,000 RMB:
(i) Neglecting to perform trademark management duties, causing harm to consumers;
(ii) The collective trademark registrant does not permit its members to use the collective trademark without justifiable reason, or the certification trademark registrant does not permit qualified applicants to use the certification trademark without justifiable reason;
(iii) Violating this Law, relevant administrative regulations and relevant national provisions in exercising the exclusive right to use a registered trademark, causing adverse effects.
Article 61. Anyone who violates Article 8 of this Law shall be ordered by the department responsible for trademark enforcement to apply for registration within a specified period. If the amount of illegal business exceeds 50,000 RMB , a fine of up to 20% of the amount of illegal business may be imposed. If there is no amount of illegal business or the amount of illegal business is less than 50,000 RMB, a fine of up to 10,000 RMB may be imposed.
Article 62. Anyone who uses an unregistered trademark as a registered trademark, or whose use of an unregistered trademark violates the provisions of Articles 15 and 16, Paragraph 1 of this Law, shall be ordered by the department responsible for trademark enforcement to rectify the situation within a specified period. If the amount of illegal business exceeds 50,000 RMB, a fine of up to 20% of the amount of illegal business may be imposed. If there is no amount of illegal business or the amount of illegal business is less than 50,000 RMB, a fine of up to 10,000 yuan may be imposed.
Article 63. If a trademark is well-known to the relevant public, the holder may request protection as a well-known trademark in accordance with the provisions of this Law if he/she believes that his/her rights have been infringed.
In the course of trademark registration examination and adjudication, investigation and handling of trademark violation cases or investigation and handling of unfair competition cases, if a party asserts its rights in accordance with the law, the trademark administration department of the State Council may confirm the well-known status of the trademark as needed for handling the case.
In the course of adjudicating trademark civil cases, trademark administrative cases, or unfair competition cases, if a party asserts its rights in accordance with the law, the people’s court designated by the Supreme People’s Court may confirm the well-known status of a trademark as needed for the adjudication of the case.
The status of a trademark’s well-known status should be confirmed at the request of the parties involved, as a fact required for handling trademark-related cases. The following factors should be comprehensively considered when confirming a trademark’s well-known status:
(i) The degree of awareness of the trademark among the relevant public;
(ii) The duration, manner, and geographical scope of the use of the trademark;
(iii) The duration, extent, and geographical scope of any promotional activities for the trademark;
(iv) Records of protection of the trademark, especially records of protection as a well-known trademark;
(v) Other factors contributing to the trademark’s fame.
Article 64. Producers and operators shall not use the words “well-known trademark” on goods, packaging or containers, or in advertising, exhibitions or other commercial activities.
Anyone who violates the preceding paragraph shall be ordered to rectify the situation by the department responsible for trademark enforcement and shall be fined up to 100,000 RMB.
Article 65. Trademark agencies and trademark agents shall adhere to the principle of good faith, abide by laws and administrative regulations, uphold professional ethics and professional discipline, fulfill their duties of diligence and responsibility, safeguard the legitimate rights and interests of their clients, and shall not engage in or assist their clients in engaging in any conduct that harms national interests, public interests, or the legitimate rights and interests of others.
Trademark agencies shall handle trademark registration applications or other trademark matters in accordance with the entrustment of their clients; they shall have an obligation to keep confidential any trade secrets of their clients that they learn during the course of their agency activities; if a trademark applied for by a client may fall under any of the circumstances that are not allowed to be registered under this law, the trademark agency shall clearly inform the client.
Trademark agents shall handle trademark agency business only as assigned by the trademark agency and shall not accept commissions on their own. Trademark agents shall not simultaneously engage in trademark agency business with more than one trademark agency. Trademark agents are responsible for the trademark agency business they sign off on.
Trademark agencies shall file relevant information about themselves and their trademark agents with the State Council’s trademark administration department. Departments at all levels responsible for trademark administration and enforcement shall strengthen their management of trademark agencies and their agents.
Article 66. The Trademark Agency Industry Organization is a self-regulatory organization of the trademark agency industry.
Trademark agency industry organizations shall, in accordance with their articles of association, strictly enforce the conditions for membership, strengthen industry self-regulation, formulate industry self-regulatory norms and disciplinary rules, conduct business training and education on professional ethics and professional discipline, organize and guide members to conduct trademark agency business in accordance with laws and regulations, continuously improve the industry’s service level, and impose penalties on members who violate industry self-regulatory norms. Trademark agency industry organizations shall promptly disclose information regarding their membership admissions and disciplinary actions 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 rectify the situation within a specified period and impose a fine of not less than 10,000 yuan but not more than 100,000 RMB; if the circumstances are serious, a fine of not less than 100,000 RMB but not more than 200,000 RMB shall be imposed. The directly responsible supervisor and other directly responsible personnel shall be given a warning and fined not less than 5,000 RMB but not more than 50,000 RMB; if the circumstances are serious, a fine of not less than 50,000 RMB but not more than 100,000 RMB shall be imposed:
(i) Forging, altering, or using forged or altered legal documents, seals, or signatures in the course of handling trademark matters;
(ii) Soliciting trademark agency business by means of fraud, deception, or defamation of other trademark agencies;
(iii) To accept the entrustment of parties with conflicting interests in the same trademark case;
(iv) If the client knows or should know that the trademark applied for by the client falls under the circumstances stipulated in Articles 15, 16(1), 19, 21, 22, and 24 of this Law, and still accepts the client’s entrustment;
(v) Violating Article 25 of this Law or falling under the circumstances stipulated in Article 54 of this Law;
(vi) Disrupting the trademark agency market order by other improper means.
If a trademark agency engages in any of the acts specified in the preceding paragraph and the circumstances are serious, the trademark administration department under the State Council may decide to suspend its trademark agency business and issue a public announcement.
If a trademark agency fails to register in accordance with the law, the department responsible for trademark enforcement shall order it to rectify the situation within a specified period; if it fails to rectify the situation within the specified period, it shall be fined between 10,000 RMB and 50,000 RMB.
If a trademark agency violates the principle of good faith, fails to fulfill its due diligence obligations, and infringes upon the legitimate interests of its clients, it shall bear civil liability in accordance with the law and shall be punished by the trademark agency industry organization in accordance with its charter.
Article 68. If a trademark agent commits any of the following acts, the department responsible for trademark enforcement shall order him to rectify the situation within a specified period, issue a warning, and impose a fine of not less than 5,000 RMB but not more than 50,000 RMB; if the circumstances are serious, a fine of not less than 50,000 RMB but not more than 100,000 RMB shall be imposed:
(i) Handling trademark agency business independently upon entrustment;
(ii) Engaging in trademark agency business with two or more trademark agencies simultaneously;
(iii) Other acts that seriously disrupt the order of the trademark agency market.
Article 69. In the course of examining and adjudicating trademark registrations or handling trademark cases overseas, if it is necessary to prove that a trademark is well-known to the relevant public in China, the trademark administration department under the State Council may, at the request of the parties concerned, confirm the well-known status of the trademark in accordance with the provisions of Article 63 of this Law.
Anyone who uses 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 national interest, the public interest, or the legitimate rights and interests of others, shall be dealt with and punished in accordance with the provisions of Article 67 of this Law.
Article 70. Any unit or individual has the right to file a complaint or report with the department responsible for trademark administration and trademark enforcement for illegal acts such as using registered trademarks in a way that misleads the public or infringing on the exclusive right to use registered trademarks.
Chapter Eight: Protection of Exclusive Rights to Registered Trademarks
Article 71. The exclusive right to use a registered trademark is limited to the trademark that has been approved for registration and the goods for which it is approved for use.
Article 72. Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:
(i) Using a trademark identical to a registered trademark on the same goods without the permission of the trademark registrant;
(ii) Using a trademark similar to a registered trademark on the same goods or on similar goods without the permission of the trademark registrant, which is likely to cause confusion;
(iii) Selling goods that infringe upon the exclusive right to use a registered trademark;
(iv) Counterfeiting or unauthorized manufacturing of another person’s registered trademark label or selling counterfeit or unauthorized registered trademark labels;
(v) Without the consent of the trademark registrant, replacing its registered trademark and then putting the goods bearing the replaced trademark back on the market;
(vi) Intentionally providing convenience for others to infringe upon their exclusive right to use a registered trademark, or assisting others in committing acts that infringe upon their exclusive right to use a registered trademark;
(vii) Causing other damage to the exclusive right to use a registered trademark of others.
Article 73. The owner of the exclusive right to use a registered trademark shall not prohibit others from using the generic name, graphic, or model of the goods, or any description of the type, nature, quality, main raw materials, function, use, weight, quantity, value, geographical origin, or other characteristics of the goods, or any place name contained therein.
The owner of a registered trademark has no right to prohibit others from legitimately using shapes, color combinations, sounds, dynamic effects, etc., that arise from the nature of the goods themselves, are necessary to achieve a technical effect, or give the goods substantial value.
If a registered trademark is used solely to indicate the purpose, target audience, or application scenario of the goods provided, or to indicate the true source, the registered trademark owner has no right to prohibit others from using it legitimately, except where it is likely to cause confusion.
If, before a trademark registrant applies for trademark registration, another person has already used a trademark that is identical or similar to the registered trademark and has a certain influence on the same or similar goods, the trademark registrant has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to add appropriate distinguishing marks.
Article 74. If any of the acts listed in Article 72 of this Law that infringe upon the exclusive right to use a registered trademark causes a dispute, the parties shall resolve the dispute through negotiation. If they are unwilling to negotiate or fail to reach an agreement through negotiation, the trademark registrant or interested party may file a lawsuit with the People’s Court or request the department responsible for trademark enforcement to handle the matter.
When handling cases involving trademark enforcement, if an infringement is determined to have occurred, the department responsible for trademark enforcement shall order the immediate cessation of the infringing activity, confiscate the infringing goods and tools primarily used for manufacturing the infringing goods and counterfeiting registered trademark labels, and if the illegal business volume exceeds 50,000 RMB, a fine of up to five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 RMB, a fine of up to 250,000 RMB may be imposed. Those who commit trademark infringement more than twice within five years or have other serious circumstances shall be punished more severely. If a seller unknowingly sells goods infringing on a registered trademark, and can prove that the goods were legally obtained and identify the supplier, the department responsible for trademark enforcement shall order the cessation of sales.
In disputes concerning the amount of compensation for infringement of the exclusive right to use a registered trademark, the parties may request mediation from the department responsible for trademark enforcement, or they may file a lawsuit in the People’s Court in accordance with the Civil Procedure Law of the People’s Republic of China. If the parties fail to reach an agreement through mediation by the department responsible for trademark enforcement, or if the mediation agreement is not fulfilled after it becomes effective, 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 has the right to investigate and punish acts that infringe upon the exclusive right to use a registered trademark in accordance with the law.
If an infringement of the exclusive right to use a registered trademark is suspected of constituting a crime, the department responsible for trademark enforcement shall promptly transfer the case to the public security organ for handling according to law. If the case does not require criminal prosecution or is exempt from criminal punishment, but should be subject to administrative penalties, the public security organ, the people’s procuratorate, and the people’s court shall promptly transfer the case to the department responsible for trademark enforcement for handling according to law. If the public security organ, the people’s procuratorate, and the people’s court request assistance from the departments responsible for trademark enforcement and trademark registration and management, including providing professional support, expert opinions, and assistance in the harmless disposal of infringing goods, the relevant departments shall provide such assistance promptly.
Article 76. When investigating and handling acts suspected of infringing upon the exclusive right to use a registered trademark, the department responsible for trademark enforcement may exercise the following powers based on evidence of suspected violation or complaints:
(i) Inquire with the relevant parties and investigate circumstances related to the infringement of others’ exclusive rights to use registered trademarks;
(ii) To inspect and copy contracts, invoices, ledgers, receipts, documents, records, business correspondence, audio-visual materials, electronic data and other relevant materials related to the parties involved in the infringement activities;
(iii) Conduct on-site inspections of the premises where the parties are suspected of engaging in activities that infringe upon the exclusive rights of others’ registered trademarks;
(iv) Inspect items related to infringing activities; items that are proven to infringe upon the exclusive right to use a registered trademark of another may be sealed or seized;
(v) In cases where evidence may be lost or difficult to obtain later, it may be registered and preserved in advance.
When the department responsible for trademark enforcement exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
In the course of investigating trademark infringement cases, if there is a dispute over trademark ownership or if the rights holder simultaneously files a trademark infringement lawsuit with the People’s Court, the department responsible for trademark enforcement may suspend the investigation of the case. Once the reason for suspension is eliminated, the case investigation procedure should be resumed or terminated.
Article 77. The amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined according to the actual losses suffered by the right holder due to the infringement or the profits gained by the infringer due to the infringement; if the losses suffered by the right holder or the profits gained by the infringer are difficult to determine, the amount shall be reasonably determined by referring to a multiple of the trademark licensing fee. For intentional infringement of the exclusive right to use a registered trademark, where the circumstances are serious, the amount of compensation may be determined at one to five times the amount determined according to the above method.
In order to determine the amount of compensation, if the rights holder has made every effort to provide evidence, and the accounting books and materials related to the infringement are mainly in the possession of the infringer, the people’s court may order the infringer to provide the accounting books and materials related to the infringement. If the infringer fails to provide the accounting books and materials or provides false accounting books and materials, the people’s court may determine the amount of compensation by referring to the rights holder’s claims and the evidence provided.
If the actual losses suffered by the right holder due to infringement, the profits gained by the infringer due to infringement, and the licensing fees for the registered trademark are difficult to determine, the people’s court shall award compensation of up to five million RMB based on the circumstances of the infringement.
The amount of compensation should also include the reasonable expenses paid by the rights holder to stop the infringement.
In adjudicating trademark disputes, the People’s Court, at the request of the rights holder, shall, except in special circumstances, order the destruction of goods that are counterfeit registered trademarks; and order the destruction of materials and tools mainly used to manufacture counterfeit registered trademarks, without compensation; or, under special circumstances, order the prohibition of the aforementioned materials and tools from entering commercial channels, without compensation.
Goods bearing counterfeit registered trademarks shall not enter commercial channels after the counterfeit registered trademarks have been removed.
Article 78. If a registered trademark owner requests compensation and the accused infringer raises the defense that the registered trademark owner has not used the registered trademark, the people’s court may require the registered trademark owner to provide evidence of actual use of the registered trademark within the three years prior to the infringement. If the registered trademark owner cannot prove that they actually used the registered trademark within the previous three years, nor can they prove that they suffered other losses due to the infringement, the accused infringer shall not be liable for compensation.
A seller who sells goods without knowing they infringe on a registered trademark right, and can prove that the goods were legally obtained and identify the supplier, shall not be liable for compensation.
Article 79. If a trademark registrant or interested party has evidence that another person is committing or is about to commit an act that infringes upon their exclusive right to use a registered trademark, and if such act is not stopped in time, their legitimate rights and interests will suffer irreparable damage, they may apply to the People’s Court before filing a lawsuit for measures to order the cessation of the relevant act and to preserve property.
Article 80. In order to stop infringement, where evidence may be lost or difficult to obtain later, the trademark registrant or interested party may apply to the people’s court for preservation of evidence before filing a lawsuit.
Article 81. Anyone who initiates a trademark lawsuit by means of malicious collusion or unilateral fabrication of basic facts shall be punished by the people’s court in accordance with the law; if the lawsuit causes losses to the other party, the party shall bear civil liability in accordance with the law.
Article 82. Public officials engaged in trademark registration, management and law enforcement must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide courteous service.
Departments responsible for trademark registration and management, departments responsible for trademark enforcement, and public officials engaged in trademark registration, management, and enforcement are prohibited from engaging in trademark agency business and commodity production and operation activities.
Article 83. The departments responsible for trademark registration and management and the departments responsible for trademark enforcement shall establish and improve internal supervision systems to supervise and inspect the performance of public officials responsible for trademark registration, management and enforcement in complying with laws, administrative regulations and discipline.
Article 84. Public officials engaged in trademark registration, administration, and enforcement who violate the provisions of this Law by engaging in trademark agency business or commodity production and operation activities, or who abuse their power, neglect their duties, or engage in malpractice for personal gain, shall be subject to disciplinary action in accordance with the law if any of the following circumstances exist:
(i) Granting trademark registration when it does not meet the requirements for trademark registration has caused adverse effects;
(ii) Failure to make a decision that should have been made according to law, such as ordering rectification or imposing administrative penalties;
(iii) Failing to perform trademark management and enforcement duties in accordance with the law upon discovering illegal activities or receiving complaints or reports;
(iv) Other acts that should be punished according to law.
Article 85. Anyone who violates the provisions of this Law and commits a crime shall be held criminally liable in accordance with the law.
Chapter Nine: Supplementary Provisions
Article 86. Fees shall be paid for applying for trademark registration and handling other trademark matters. Specific fee standards shall be determined separately.
Article 87 This Law shall come into force on January 1, 2027.
Trademarks registered before the implementation of this law shall remain valid.
