Chapter I    General Provisions

Article 4.  Any   natural person, legal person or other organization, intending to acquire the   exclusive right to use a mark for his goods or services in his production and   business operations, shall apply for registration of the mark to the   Trademark Office.
 
  Provisions in this Law concerning trademarks used on goods shall apply to   service marks. 

Article 4.  Any   natural person, legal person or other organization, intending to acquire the   exclusive right to use a mark for his goods or services in his production and   business operations, shall apply for registration of the mark to the   Trademark Office. Any trademark applications filed not on use purpose but   in bad faith shall be refused. Provisions in this Law concerning   trademarks used on goods shall apply to service marks. 

Article 19.  The   trademark agency shall follow the principle of good faith, comply with the   provisions of laws and administrative regulations and handle the applications   for trademark registrations and other trademark matters according to the   instruction of its clients. In respect of the commercial secrets of the   clients learned in the procedure of acting on behalf of the clients, the   agency shall bear the obligation to keep them confidential.
 
  If a trademark for which the registration is applied by the client is possibly   under the circumstances of not being approved registration as required in   this law, the trademark agency shall inform the client of this explicitly.
 
  If a trademark agency knows or shall know that the trademark for which the   client intends to apply belongs to the circumstances provided in Article 15   and Article 32 of this law, the trademark agency shall not accept the   entrustment.
 
  Except the application for the registration of trademark relating to its   agent service, the trademark agency shall not apply for the registration of   any trademarks.

Article 19.  The   trademark agency shall follow the principle of good faith, comply with the   provisions of laws and administrative regulations and handle the applications   for trademark registrations and other trademark matters according to the   instruction of its clients. In respect of the commercial secrets of the   clients learned in the procedure of acting on behalf of the clients, the   agency shall bear the obligation to keep them confidential.
 
  If a trademark for which the registration is applied by the client is   possibly under the circumstances of not being approved registration as   required in this law, the trademark agency shall inform the client of this   explicitly.
 
  If a trademark agency knows or shall know that the trademark for which the   client intends to apply belongs to the circumstances provided in Article 4, Article 15   and Article 32 of this law, the trademark agency shall not accept the   entrustment.
 
  Except the application for the registration of trademark relating to its   agent service, the trademark agency shall not apply for the registration of   any trademarks.

Chapter III    Examination and   Acceptance for Registration of a Trademark

Article 33.  The   prior right owner or any interested party may, within three months from the   date of publication, files an opposition against an accepted and published   application for registration of a trademark, if he finds that the application   stands in violation of the provisions of Article 13, paragraph two or three,   Article 15, Article 16, paragraph one, Article 30, Article 31 or Article 32   of this law, or any person finds that the application stands in violation   with the provisions of Article 10, Article 11, or Article 12 of this law. If   no opposition is filed within the specified period, the trademark shall be   registered, a certificate of registration shall be issued, and the   registration shall be published.

Article 33.  The   prior right owner or any interested party may, within three months from the   date of publication, files an opposition against an accepted and published   application for registration of a trademark, if he finds that the application   stands in violation of the provisions of Article 13, paragraph two or three,   Article 15, Article 16, paragraph one, Article 30, Article 31 or Article 32   of this law, or any person finds that the application stands in violation   with the provisions of Article 4, Article 10, Article 11, Article 12   or Article 19 paragraph   four of this law. If no opposition is filed within the specified period, the   trademark shall be registered, a certificate of registration shall be issued,   and the registration shall be published.

Chapter V    Declaration of   Invalidation Concerning Registered Trademarks

Article 44.  Where a registered   trademark stands in violation of the provisions of Article 10, 11 or 12 of   this Law, or the registration of a trademark has been acquired by fraud or   any other unfair means, the Trademark Office shall declare the registered   trademark invalid; any other organization or individual may request the   Trademark Review and Adjudication Board to declare such a registered   trademark invalid. Where the Trademark Office makes a decision to declare a   registered trademark invalid, the Trademark Office shall notify the   interested party in writing. The party may, if dissatisfying with the   decision made by the Trademark Office, apply for a review to the Trademark   Review and Adjudication Board within fifteen days from the receipt of the   notification. The Trademark Review and Adjudication Board shall make a   decision within nine months from the receipt of the request for review and   shall notify the party in writing. Where there are special circumstances that   require an extension of time, the Trademark Review and Adjudication Board may   make the decision in another three months with the approval from the   administrative authority for industry and commerce under the State Council.   The interested party may, if dissatisfying with the decision of the Trademark   Review and Adjudication Board, institute legal proceedings with the people's   court within thirty days from receipt of the notification.
 
  Where any other entity or individual requests the Trademark Review and   Adjudication Board to declare a registered trademark invalid, the Trademark   Review and Adjudication Board shall, after receipt of the application for   invalidation, notify the interested party in writing and request it or him to   respond with arguments within a specified period. The Trademark Review and   Adjudication Board shall make adjudication either to maintain a registered   trademark or to declare a registered trademark invalid within nine months   from the receipt of the request for invalidation and shall notify the   interested party of the same in writing. Where there are special   circumstances that require an extension of time, the Trademark Review and   Adjudication Board may make the adjudication in another three months with the   approval from the administrative authority for industry and commerce under   the State Council. Where any party is dissatisfied with the adjudication of   the Trademark Review and Adjudication Board, he may, within thirty days from   receipt of the notification, institute legal proceedings with the people's   court. The people's court shall notify the other party to the adjudication   proceedings to participate in the legal proceedings as the third party.

Article 44.  Where a registered   trademark stands in violation of the provisions of Article 4, Article 10, 11, 12 or Article 19 paragraph   four of this Law, or the registration of a trademark has been acquired by   fraud or any other unfair means, the Trademark Office shall declare the   registered trademark invalid; any other organization or individual may   request the Trademark Review and Adjudication Board to declare such a   registered trademark invalid. Where the Trademark Office makes a decision to   declare a registered trademark invalid, the Trademark Office shall notify the   interested party in writing. The party may, if dissatisfying with the decision   made by the Trademark Office, apply for a review to the Trademark Review and   Adjudication Board within fifteen days from the receipt of the notification.   The Trademark Review and Adjudication Board shall make a decision within nine   months from the receipt of the request for review and shall notify the party   in writing. Where there are special circumstances that require an extension   of time, the Trademark Review and Adjudication Board may make the decision in   another three months with the approval from the administrative authority for   industry and commerce under the State Council. The interested party may, if   dissatisfying with the decision of the Trademark Review and Adjudication   Board, institute legal proceedings with the people's court within thirty days   from receipt of the notification.
 
  Where any other entity or individual requests the Trademark Review and   Adjudication Board to declare a registered trademark invalid, the Trademark   Review and Adjudication Board shall, after receipt of the application for   invalidation, notify the interested party in writing and request it or him to   respond with arguments within a specified period. The Trademark Review and   Adjudication Board shall make adjudication either to maintain a registered   trademark or to declare a registered trademark invalid within nine months   from the receipt of the request for invalidation and shall notify the   interested party of the same in writing. Where there are special   circumstances that require an extension of time, the Trademark Review and   Adjudication Board may make the adjudication in another three months with the   approval from the administrative authority for industry and commerce under   the State Council. Where any party is dissatisfied with the adjudication of   the Trademark Review and Adjudication Board, he may, within thirty days from   receipt of the notification, institute legal proceedings with the people's   court. The people's court shall notify the other party to the adjudication   proceedings to participate in the legal proceedings as the third party.

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

Article 63.  The   amount of damage for infringement of the exclusive right to use a registered   trademark shall be assessed on the basis of the actual losses suffered by the   right holder because of the infringement; where it is difficult to determine   the actual losses, the amount may be assessed on the basis of the profits the   infringer has earned because of the infringement. Where it is difficult to   determine the losses the right holder has suffered or the profits the   infringer has earned, the amount may be assessed by reference to the   appropriate multiple of the amount of using the registered trademark under a   contractual license. Where the infringement of the exclusive right to use a   registered trademark is committed in bad faith and the circumstance is   serious, the amount of damage shall be more than one time but less than three   times of the amount assessed by referring to the above calculation. The   amount of the damage shall also include the reasonable expenses of the right   holder incurred for stopping the infringing act.
 
 

When the right   holder has tried his best to provide the evidence, but account books and   materials relating to the infringement act are mainly under the control of   the infringer, to determine the amount of damage, the People’s court may   order the infringer to provide the account books, materials relating to the   infringement act. Where the infringer refuses to provide or provides false   account books and materials, the People’s court may determine the amount of   damage by reference to the claim and evidences provided by the right holder.
 
  Where it is difficult to determine the losses suffered by the right holder,   the profits the infringer has earned and the fees of licensing a registered   trademark, the people's court shall grant a compensation not exceeding RMB   3,000,000 yuan, according to the circumstances of the act of infringement.

Article 63.  The   amount of damage for infringement of the exclusive right to use a registered   trademark shall be assessed on the basis of the actual losses suffered by the   right holder because of the infringement; where it is difficult to determine   the actual losses, the amount may be assessed on the basis of the profits the   infringer has earned because of the infringement. Where it is difficult to   determine the losses the right holder has suffered or the profits the   infringer has earned, the amount may be assessed by reference to the   appropriate multiple of the amount of using the registered trademark under a   contractual license. Where the infringement of the exclusive right to use a   registered trademark is committed in bad faith and the circumstance is   serious, the amount of damage shall be more than one time but less than five   times of the amount assessed by referring to the above calculation. The   amount of the damage shall also include the reasonable expenses of the right   holder incurred for stopping the infringing act.
 
 

When the right   holder has tried his best to provide the evidence, but account books and   materials relating to the infringement act are mainly under the control of   the infringer, to determine the amount of damage, the People’s court may   order the infringer to provide the account books, materials relating to the   infringement act. Where the infringer refuses to provide or provides false   account books and materials, the People’s court may determine the amount of   damage by reference to the claim and evidences provided by the right holder.
 
  Where it is difficult to determine the losses suffered by the right holder,   the profits the infringer has earned and the fees of licensing a registered   trademark, the people's court shall grant a compensation not exceeding RMB 5,000,000   yuan, according to the circumstances of the act of infringement.

When the people’s   court examining the trademark disputed cases, at the request of the right   holder, any goods with the exception of special circumstances, involved in counterfeiting   registered trademarks, shall be ordered to be destroyed; any materials and   tools used to be made goods involved in counterfeiting registered trademarks   shall be ordered to be destroyed without compensation; or under the special   circumstance, the materials and tools mentioned above shall be ordered to   prohibit from entering into business channels without compensation.

The goods involved   in counterfeiting registered trademarks shall not enter into business   channels by only removing signs of the registered trademarks.

Article 68.  Where   a trademark agency commits any of the following acts, the administrative   authority for industry and commerce shall order it to rectify within   specified time limit, give a warning, or impose of a fine of more than   RMB10,000 yuan but less than 100,000 yuan, and shall give warnings to the   executives directly responsible and other staff directly responsible and   impose them a fine of more than RMB5,000 yuan but less than RMB50,000 yuan,   and if a crime is constituted, a criminal liability shall be investigated   according to the provisions of the criminal law:
 
  (1) To forge, alter or use forged or altered legal documents, seals or   signatures in handling trademark matters;
  (2) To attract trademark business by defaming other trademark agencies or to   disturb the trademark agency market order by other unfair means; or
  (3) To violate the provisions of Article 19 paragraph 3 or 4.
 
  Where a trademark agency has an act as provided in the provision of the   preceding paragraph, the administrative authority for industry and commerce   shall record it into the credit archives, and if the circumstance is serious,   the Trademark Office or the Trademark Review and Adjudication Board may in   addition order it to stop its trademark agency business and shall publish it.
 
  Where a trademark agency, violates the principle of good faith and infringes   the legitimate interests of the clients, it shall bear the civil liability in   accordance with laws and regulations and shall be punished by the trademark   agency association based on its articles.

Article 68.  Where   a trademark agency commits any of the following acts, the administrative   authority for industry and commerce shall order it to rectify within   specified time limit, give a warning, or impose of a fine of more than   RMB10,000 yuan but less than 100,000 yuan, and shall give warnings to the   executives directly responsible and other staff directly responsible and   impose them a fine of more than RMB5,000 yuan but less than RMB50,000 yuan,   and if a crime is constituted, a criminal liability shall be investigated   according to the provisions of the criminal law:
 
  (1) To forge, alter or use forged or altered legal documents, seals or   signatures in handling trademark matters;
  (2) To attract trademark business by defaming other trademark agencies or to   disturb the trademark agency market order by other unfair means; or
  (3) To violate the provisions of Article 4 or Article 19 paragraph 4.
 
 

Where a trademark   agency has an act of representing to file a trademark application in bad   faith, the administrative authority for industry and commerce shall give a   warning, or impose of an administrative fine according to the circumstances   of its act; Where a trademark agency has an act of representing to file   trademark litigation in bad faith, the peoples’ court shall impose it on   punishment.

  Where a trademark agency has an act as provided in the provision of the   preceding paragraph, the administrative authority for industry and commerce   shall record it into the credit archives, and if the circumstance is serious,   the Trademark Office or the Trademark Review and Adjudication Board may in   addition order it to stop its trademark agency business and shall publish it.