(Adopted at the 24th Meeting of the Standing Committee of the Fifth National People's Congress on August 23, 1982. First amendment based on the Decision of the Standing Committee of the Seventh National People's Congress on February 22, 1993, amending the "Trademark Law of the People's Republic of China". Second amendment based on the Decision of the Standing Committee of the Ninth National People's Congress on October 27, 2001, amending the "Trademark Law of the People's Republic of China". Third amendment based on the Decision of the Standing Committee of the Twelfth National People's Congress on August 30, 2013, amending the "Trademark Law of the People's Republic of China". Fourth amendment based on the Decision of the Tenth Meeting of the Thirteenth National People's Congress on April 23, 2019, amending eight laws including the "Construction Law of the People's Republic of China". Amendment made 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 2 Conditions for Trademark Registration 
Chapter 3 Application for Trademark Registration 
Chapter 4 Review and Approval of Trademark Registration 
Chapter 5 Renewal, Amendment, Transfer and Cancellation of Registered Trademarks 
Chapter 6 Invalidation of Registered Trademarks 
Chapter 7 Trademark Management 
Chapter 8 Protection of the Exclusive Rights to Registered Trademarks 
Chapter 9 Supplementary Provisions 

Article 1 This Law is formulated to protect the exclusive rights of registered trademarks, strengthen trademark administration, regulate the registration and use of trademarks, ensure the quality of goods and services, maintain the reputation of trademarks, safeguard the interests of consumers and producers, and promote the healthy development of the socialist market economy. 
Article 2 For the purposes of this Law, a trademark refers to a sign used to identify and distinguish the source of goods or services. It includes both goods trademarks and service trademarks. The provisions regarding goods trademarks in this Law shall apply to service trademarks as well. 
The use of a trademark as referred to in this law means the act of applying the trademark to goods, their packaging or containers, as well as goods' transaction documents, or using the trademark in advertising, exhibitions and other commercial activities to identify and distinguish the source of the goods. 
The use of the trademark as mentioned in the preceding paragraph includes the use behavior carried out through information networks such as the Internet. 
Article 3: The trademark work should be in line with the national and Party's intellectual property strategy, and enhance the levels of trademark protection, utilization, management and service. 
Article 4 The State Administration for Industry and Commerce is responsible for the registration and administration of trademarks throughout the country. The administrative departments for trademarks at the county level and above of local people's governments are responsible for the trademark administration within their respective administrative regions. 
The departments of the people's governments at or above the county level that are responsible for trademark law enforcement shall, in accordance with their respective duties and authorities, be responsible for trademark law enforcement work. 
The departments responsible for trademark registration and management, as well as the departments responsible for trademark law enforcement, should establish a working mechanism to enhance information sharing and coordination of work. 
Article 5: A trademark that has been approved for registration by the trademark administration department of the State Council shall be regarded as a registered trademark. The trademark registrant has the right to indicate "Registered Trademark" or the registration mark, and enjoys the exclusive rights to the registered trademark and is protected by law. 
Natural persons, legal persons or unincorporated organizations, when conducting business activities, if they need to obtain the exclusive right to use registered trademarks for their goods or services, shall apply for trademark registration to the State Administration for Industry and Commerce. 
Article 6 A collective trademark, as defined by this law, refers to a trademark registered under the name of an association or other organization, which is used by the members of that organization in commercial activities to indicate their membership in that organization. 
The term "certified trademark" as used in this law refers to a mark that is controlled by an organization with supervisory capabilities over a certain product or service, and is used by entities or individuals other than the organization on their products or services to prove the origin, raw materials, manufacturing method, quality or other specific characteristics of the product or service. 
The specific matters regarding the registration and administration of collective trademarks and certification trademarks shall be stipulated by the trademark administrative department of the State Council. 
Article 7 Two or more natural persons, legal entities or unincorporated organizations may jointly apply to the State Council's trademark administration department for the registration of the same trademark. They shall jointly enjoy and exercise the exclusive rights to the registered trademark. 
Article 8 For goods that are stipulated by laws and administrative regulations to require the use of registered trademarks, applications for trademark registration must be submitted. Those that have not been approved for registration shall not be sold on the market. 
Article 9 When applying for trademark registration and using a trademark, one shall abide by the principle of good faith and shall not abuse their rights to harm the interests of the state, public society, or the legitimate rights and interests of others. 
The user of a trademark shall be responsible for the quality of the goods bearing the trademark. All departments responsible for trademark management and enforcement at all levels shall strengthen trademark management and enforcement in accordance with the law, and stop acts that deceive consumers. 
Article 10 When applying for trademark registration or handling other trademark-related matters, one can handle it independently or entrust a legally established trademark agency to do it on their behalf. 
Article 11 When foreigners, foreign enterprises or foreign organizations apply for trademark registration in China, they shall follow the procedures stipulated in the agreements concluded between their respective countries and the People's Republic of China, or in the international treaties to which both countries are parties, or in accordance with the principle of reciprocity. 
If foreigners, foreign enterprises or other foreign organizations have no permanent residence or business establishment in China, and wish to apply for trademark registration or handle other trademark-related matters in China, they shall entrust a legally established trademark agency to handle such matters. 
Article 12 The international registration of trademarks shall follow the systems established by the relevant international treaties to which the People's Republic of China is a party. 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, enhance the convenience of trademark business processing, fully, accurately and timely release trademark information, and improve the level of trademark information services and management. 

Article 14 Any mark that can distinguish the goods of a natural person, legal person or unincorporated organization from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations, sounds, dynamic marks, as well as combinations of the above elements, can be applied for registration as a trademark. 
Article 15 The following signs shall not be registered or used as trademarks: 
(1) Elements that are the same as or similar to the name, party flag, party emblem, medals or important theoretical achievements, or historical events of the Communist Party of China; 
 
(3) Where the names of countries, national flags, national emblems, military flags, etc. of foreign countries are the same or similar to those of China, except where the relevant country's government has given its consent. 
(4) If the name, flag, emblem, etc. are the same or similar to those of an inter-governmental international organization, but with the consent of the organization or if it is unlikely to mislead the public, such cases are excluded; 
(5) Those that are the same as or similar to the official marks or inspection stamps indicating the implementation of control and guarantee, except where authorized; 
(6) Having the same or similar names and logos as those of "Red Cross" and "Red Crescent"; 
(7) With ethnic discrimination; 
(8) Those that are deceptive and are likely to cause the public to mistakenly believe about the quality, craftsmanship, raw materials, characteristics or origin of the goods; 
(9) Violating public order and good morals or having other adverse effects. 
Article 16: The names of administrative divisions at or above the county level or foreign place names that are widely known to the public shall not be used for trademark registration or use. However, this rule does not apply if the place name has other meanings or is part of a collective trademark or certification trademark; trademarks that have already been registered and use such place names shall remain valid. 
When national park symbols, Olympic symbols, and special symbols are registered and used as trademarks, they shall be governed by the provisions of this law and relevant laws and administrative regulations. 
Article 17 The trademarks that are applied for registration must possess distinctive features and be easily recognizable. The following marks shall not be registered as trademarks: 
(1) Only the general name, graphic symbol, or model of this product; 
(2) Those that merely directly describe the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; 
(3) Others that lack distinct characteristics. 
If the signs listed in the preceding paragraph have acquired distinctive features through use and are easily recognizable, they can be registered as trademarks. 
Article 18 Where a trademark is applied for registration based on three-dimensional marks, color combinations, sounds, dynamic marks, etc., only those shapes, color combinations, sounds, dynamic effects, etc. that are naturally generated by the nature of the goods themselves, necessary for achieving technical effects, or have substantive value for the goods, shall not be registered as a trademark. 
Article 19: If a trademark registration is applied for not for the purpose of use and if the application clearly exceeds the normal needs of business operations, such registration will not be granted. 
One shall not apply for trademark registration by means of deception or any other improper methods. 
Article 20: The trademark applied for registration shall not be the same as or similar to those that have been registered by others for the same type of goods or similar goods, or those that have been previously applied for. 
Article 21 Where trademarks for the same or similar goods are applied for registration and they are copies, imitations or translations of a well-known trademark that has not been registered in China and are likely to cause confusion, such trademarks shall not be registered and their use shall be prohibited. 
If a trademark is applied for registration for goods that are different or not similar to the prior trademark, and if it involves copying, imitating or translating another well-known trademark, thereby misleading the public and potentially harming the interests of the holder of the well-known trademark, such trademark will not be registered and its use will be prohibited. 
Article 22: Without authorization, an agent or representative shall not register the trademark of the principal or the represented party in their own name. If 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 the trademarks applied for registration for the same or similar goods are identical or similar to the registered or unregistered trademarks used by others previously, and the applicant has a contractual, business relationship or other relationship with such other party other than the one stipulated in the preceding paragraph and is aware of the existence of such other party's trademark, and the other party raises an objection, the application shall not be registered. 
Article 23 Where a trademark contains a geographical indication for a product, but the product does not originate from the region indicated by such indication and it misleads the public, the trademark shall not be registered and its use shall be prohibited; however, if the registration has been obtained in good faith, it shall remain valid. 
The term "geographical indication" as mentioned in the preceding paragraph refers to a sign that indicates a certain product originates from a specific region, and the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of that region. 
Article 24: When applying for trademark registration, one shall not infringe upon the existing legitimate rights and interests of others, nor shall one deliberately file a registration application for a trademark that has already been used by others and has gained certain influence. 
Article 25: A trademark agency, apart from applying for trademark registration on behalf of its clients, shall not apply for the registration of any other trademarks. 

Article 26 The trademark registration applicant shall, in accordance with the prescribed classification table of goods, fill in the category and name of the goods for which the trademark is to be used, and submit the registration application. 
The trademark registration applicant can apply for the registration of the same trademark for multiple categories of goods through a single application. 
The relevant documents for trademark registration applications, etc., should be submitted in written form. Data electronic documents that can be physically represented and can be conveniently retrieved and used at any time are regarded as written form. 
Article 27 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate registration application shall be submitted. 
Article 28 If the logo of a registered trademark needs to be changed, a new registration application must be submitted. 
Article 29: If a trademark registration applicant files a trademark registration application for the same trademark for the same goods in China within six months after the first time they file such an application in a foreign country, they may enjoy priority in accordance with the agreements concluded between that foreign country and China or the international treaties to which both are parties, or in accordance with the principle of mutual recognition of priority rights. 
Where priority is claimed in accordance with the provisions of the preceding paragraph, a written statement shall be submitted at the time of filing the trademark registration application, and a copy of the first trademark registration application document shall be submitted within three months; failure to submit a written statement or failure to submit the copy of the trademark registration application document within the prescribed time limit shall be regarded as failure to claim priority. 
Article 30: If a trademark is first used on the goods exhibited at an international exhibition hosted by the Chinese government or recognized by it, the applicant for trademark registration shall be granted priority within six months from the date of exhibition of such goods. 
Where priority is claimed in accordance with the provisions of the preceding paragraph, a written statement shall be submitted at the time of filing the trademark registration application, and within three months, proof documents such as the name of the exhibition where the goods were exhibited, evidence of the use of the trademark on the exhibited goods, and the exhibition date shall be submitted; failure to submit a written statement or failure to submit the proof documents within the time limit shall be regarded as failure to claim priority. 
Article 31 The matters reported and the materials provided when applying for trademark registration shall be true, accurate and complete. 

Article 32 The State Trademark Administration Department shall complete the examination of the trademark application within nine months from the date of receiving the application documents. If the application complies with the provisions of this Law, it shall be preliminarily examined and published for public announcement. 
Article 33 During the review process, if the State Administration for Industry and Commerce believes that the content of the trademark registration application requires clarification or amendment, it may request the applicant to provide clarification or make amendments. If the applicant fails to provide clarification or make amendments, it shall not affect the State Administration for Industry and Commerce's decision on the review. 
Article 34 If a trademark application fails to comply with the relevant provisions of this Law, the administrative department for trademarks of the State Council shall reject the application and not issue a notice of acceptance. 
Article 35: If two or more trademark registrants apply for registration of the same or similar trademarks on the same or similar goods, the trademark applied for first will be preliminarily examined and published; if the applications are made on the same date, the trademark used first will be preliminarily examined and published. The applications of others will be rejected and no announcement will be made. 
Article 36 For the trademarks that have been preliminarily approved for publication, within two months from the date of the publication, if any prior right holder or interested party believes that the trademark violates the provisions of Articles 20 to 22, Article 23 (paragraph 1), and Article 24 of this Law, or if any person believes that the trademark violates the provisions of Article 15, Article 16 (paragraph 1), Articles 17 to 19, and Article 25 of this Law, they may file an objection with the State Council's Trademark Administration Department. If there is no objection during the publication period, the trademark will be approved for registration, a trademark registration certificate will be issued, and the registration will be announced. 
Article 37 For trademarks that are rejected for registration or not announced, the State Administration for Trademark Affairs shall issue a written notice to the trademark registrant. If the trademark registrant is dissatisfied, they may, within 15 days from the receipt of the notice, apply for a review to the State Administration for Trademark Affairs. The State Administration for Trademark Affairs shall make a decision within 9 months from the receipt of the application and issue a written notice to the applicant. In case of special circumstances requiring an extension, with the approval of the head of the State Administration for Trademark Affairs, the extension period can be extended for three months. If the party is dissatisfied with the review decision, they may file a lawsuit with the people's court within 30 days from the receipt of the notice.

Article 38 If an objection is raised against a trademark that has been preliminarily approved for publication, the State Intellectual Property Office shall listen to the statements of the objector and the party against whom the objection is made regarding the facts and reasons. After conducting an investigation and verification, it shall make a decision on whether to grant registration within twelve months from the end of the publication period, and notify the objector and the party against whom the objection is made in writing. In case of special circumstances requiring an extension, with the approval of the head of the State Intellectual Property Office, the period may be extended for six months. 
If the trademark administration department of the State Council makes a decision to grant registration, it shall issue a trademark registration certificate and make an announcement. If the person raising an objection is dissatisfied, he/she may, in accordance with the provisions of Article 50 and Article 51 of this Law, request the State Council trademark administration department to declare the registered trademark invalid. 
The trademark administration department of the State Council makes a decision not to register. If the person objecting is dissatisfied with this decision, they can apply for a review within 15 days from the date of receiving the notice. The State Council's trademark administration department shall make a review decision within 12 months from the date of receiving the application and notify the objector and the person being objected to in writing. If there are special circumstances requiring an extension, with the approval of the head of the State Council's trademark administration department, the period can be extended for six months. If the person being objected to is dissatisfied with the review decision, they can file a lawsuit with the people's court within 30 days from the date of receiving the notice. The people's court shall notify the objector to participate in the lawsuit as a third party. 
Article 39: When the prescribed time limit expires and the parties do not apply for review of the decision made by the State Administration for Industry and Commerce regarding the rejection of the application or the non-registration, or do not file a lawsuit against the review decision in the court, the decision of rejection of the application, the decision of non-registration, or the review decision shall come into effect. 
If the objections raised against a trademark are found to be unfounded and the trademark is granted registration, the time when the trademark registration applicant acquires the exclusive rights to the registered trademark shall be calculated from the date when the preliminary examination and approval announcement expires. From the date when the trademark announcement expires until the decision to grant registration is made, the actions of others using the same or similar mark on the same or similar goods shall not have retroactive effect; however, if the user's malicious act causes damage to the trademark registrant, compensation shall be given. 
Article 40 The State Trademark Administration Department shall promptly conduct reviews of trademark registration applications and trademark review applications. 
The applicant may apply to withdraw the matters stipulated in the preceding paragraph. 
Article 41 During the review of trademark opposition, re-examination of驳回 decisions， review of non-registration， and review of invalidation cases conducted by the State Council's trademark administration department， if the determination of the prior rights involved must be based on the outcome of another case currently being heard by a court or being handled by an administrative agency， the review and trial process may be suspended. Once the cause for suspension is eliminated， the review and trial procedures shall be promptly resumed. 
Article 42 If the applicant for trademark registration or the registered trademark owner discovers that there are obvious errors in the trademark application documents or registration documents, they may apply for correction. The State Administration for Industry and Commerce will make the corrections within its authority and notify the parties concerned. 
The term "correction of errors" as mentioned in the preceding paragraph does not pertain to the substantive content of the trademark application documents or registration documents. 

Article 43 The validity period of a registered trademark is ten years, calculated from the date of its approval for registration. 
Article 44 If a registered trademark expires and the trademark registrant wishes to continue using it, they must complete the renewal procedures within twelve months prior to the expiration date; if they fail to do so within this period, a six-month grace period may be granted. Each renewal registration is valid for ten years, calculated from the date immediately following the expiration of the previous registration period. If no renewal procedures are completed by the end of the grace period, the registered trademark will be revoked. 
The trademark management department of the State Council shall announce the trademarks that have been renewed for registration. 
Article 45 If the name, address or other registration particulars of the registered trademark owner need to be changed, a change application shall be submitted. 
Article 46 If a registered trademark is transferred, the transferor and the transferee shall enter into a transfer agreement and jointly submit an application to the State Administration for Industry and Commerce. The transferee shall ensure the quality of the goods bearing the registered trademark. 
If a registered trademark is transferred, the trademark registrant shall also transfer the similar trademarks that are registered on the same type of goods, or the identical or similar trademarks that are registered on similar goods. 
For any transfer that is likely to cause confusion or have other adverse effects, the State Administration for Industry and Commerce will not approve it. A written notice will be sent to the applicant, along with the reasons for the rejection. 
After the transfer of a registered trademark is approved, it will be announced. The transferee will acquire the exclusive rights to use the registered trademark as of the date of the announcement. 
Article 47 When transferring a collective trademark or a certification trademark, the transferee shall possess the requisite legal status and the ability for supervision. 
Article 48 If the trademark registrant applies for the cancellation of its registered trademark or the cancellation of the registration of its trademark on certain designated goods, and such application is approved by the State Administration for Industry and Commerce, it shall be announced. The exclusive right to use the registered trademark or the validity of such exclusive right on the designated goods shall cease to be effective as of the date of the announcement. 
Article 49 If the trademark registrant applies for the cancellation of its registered trademark, within one year from the date of the cancellation announcement, the State Trademark Administration Department shall not approve any trademark registration applications by others for the same or similar trademarks on the same or similar goods. 


Article 50: If a registered trademark violates the provisions of Article 15, Article 16(1), Articles 17 to 19, and Article 25 of this Law, the State Administration for Industry and Commerce shall declare the registered trademark invalid; other entities or individuals may also request the State Administration for Industry and Commerce to declare the registered trademark invalid. 
When the trademark administrative department of the State Council makes a decision to declare a registered trademark invalid, it shall notify the parties in writing. If the parties are dissatisfied, they may apply for a review within 15 days from the date of receiving the notice. The State Council trademark administrative department shall make a decision within 9 months from the date of receiving the application and notify the parties in writing. If there are special circumstances requiring an extension, with the approval of the head of the State Council trademark administrative department, the period may be extended for three months. If the parties are dissatisfied with the review decision, they may file a lawsuit with the people's court within 30 days from the date of receiving the notice. 
If other entities or individuals request the State Administration for Industry and Commerce to declare the registered trademark invalid, after receiving the application, the State Administration for Industry and Commerce shall notify the relevant parties in writing and set a deadline for them to submit a defense. The State Administration for Industry and Commerce shall make a ruling on whether to maintain the registered trademark or declare it invalid within nine months from the date of receiving the application, and notify the parties in writing. If there are special circumstances requiring an extension, with the approval of the head of the State Administration for Industry and Commerce, the period can be extended for three months. If the parties are dissatisfied with the ruling of the State Administration for Industry and Commerce, they can file a lawsuit with the people's court within 30 days from the date of receiving the notice. The people's court shall notify the opposing party in the trademark ruling procedure as a third party to participate in the lawsuit. 
Article 51: If a registered trademark violates the provisions of Articles 20 to 22, Article 23 (paragraph 1), and Article 24 of this Law, the prior right holder or interested party may, within five years from the date of registration of the trademark, request the State Administration for Industry and Commerce to declare the registered trademark invalid. For malicious registrations, the holder of the well-known trademark is not subject to the five-year time limit. 
After receiving an application for invalidating a registered trademark, the trademark management department of the State Council shall notify the relevant parties in writing and set a deadline for them to submit a defense. The trademark management department of the State Council shall make a ruling on whether to maintain the registered trademark or to declare it invalid within twelve months from the date of receiving the application, and notify the parties in writing. If there are special circumstances requiring an extension, with the approval of the head of the trademark management department of the State Council, the period may be extended for six months. If the parties are dissatisfied with the ruling of the trademark management department of the State Council, they may file a lawsuit with the people's court within thirty days from the date of receiving the notice. The people's court shall notify the opposing party in the trademark ruling procedure as a third party to participate in the lawsuit. 
Article 52: If the term of the law expires and the parties fail to apply for a review of the decision made by the State Administration for Industry and Commerce to declare a registered trademark invalid, or fail to file a lawsuit against the review decision or the ruling to maintain the registered trademark or to declare the trademark invalid, the decision or ruling made by the State Administration for Industry and Commerce shall take effect. 
Article 53: Registered trademarks that are declared invalid in accordance with the provisions of Article 50 and Article 51 shall be announced by the State Administration for Industry and Commerce. The exclusive rights to the registered trademark shall be deemed to have never existed from the very beginning. 
The decision or ruling declaring a registered trademark invalid shall not have retroactive effect on the judgments, rulings, and mediation decisions made by the courts and the handling decisions made by the responsible trademark law enforcement departments regarding trademark infringement cases that were already executed before the invalidation was declared. However, compensation shall be given for losses caused to others due to the malicious act of the trademark registrant. 
If, in accordance with the provisions of the preceding paragraph, the compensation for trademark infringement, the transfer fee for trademarks, or the licensing fee for trademark usage are not returned, and this clearly violates the principle of fairness, then all or part of these amounts should be returned.

Article 54: If a trademark registration applicant engages in any of the following malicious acts in applying for trademark registration, thereby 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) Knowing that the mark violates the provisions of Article 15 and the first paragraph of Article 16 of this Law, still applying for its registration as a trademark; 
(2) Applying for trademark registration in violation of the provisions of Article 19 of this Law; 
(3) Intentionally violating the provisions of Article 21, Article 22, and Article 24 of this Law when applying for trademark registration. 
Article 55 The trademark registrant may use the trademark itself or, through a trademark licensing contract, license others to use the registered trademark. The licensor shall supervise the quality of the goods bearing the registered trademark. The licensee shall ensure the quality of the goods bearing the registered trademark. If the licensee fails to fulfill the obligation of quality assurance, the licensor has the right to terminate the trademark licensing contract. 
When using another party's registered trademark with permission, it is necessary to indicate the name of the licensee and the place of origin of the goods on the products using the registered trademark. 
If one grants others the right to use their registered trademark, the licensor shall file the trademark usage license with the State Administration for Industry and Commerce for record, and the record shall be made public. A trademark usage license that has not been filed shall not be valid against bona fide third parties. 
Article 56: If a registered trademark is used in a way that misleads the public, the department responsible for trademark enforcement shall order it to make corrections within a specified time limit. If the illegal business turnover exceeds 50,000 yuan, a fine of up to five times the illegal business turnover may be imposed; if there is no illegal business turnover or the turnover is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed. If the correction is not made within the time limit, the registered trademark shall be revoked by the State Administration for Industry and Commerce. 
Article 57 If a trademark registrant alters the registered trademark, the registrant's name, address, or other registered particulars during the course of using the registered trademark, the department responsible for trademark enforcement shall order the correction within a specified time limit; if the correction is not made within the time limit, a fine of not more than 50,000 yuan shall be imposed; if the circumstances are serious, the registered trademark shall be revoked by the administrative department for trademarks of the State Council. 
If a registered trademark becomes the common name for the goods for which it was originally registered, or if it is not used for a consecutive period of three years without any valid reason, any entity or individual may apply to the State Administration for Industry and Commerce for the cancellation of such registered trademark. The State Administration for Industry and Commerce shall make a decision within nine months from the date of receiving the application. If there are special circumstances requiring an extension, with the approval of the head of the State Administration for Industry and Commerce, the period may be extended for three months. 
If a registered trademark falls under any of the circumstances stipulated in the preceding paragraph, the State Administration for Industry and Commerce may revoke such registered trademark. The specific measures shall be prescribed by the State Administration for Industry and Commerce. 
Article 58 If a party is dissatisfied with the decision made by the State Administration for Industry and Commerce to revoke or not to revoke a registered trademark, it may, within 15 days from the receipt of the notice, apply for a review to the State Administration for Industry and Commerce. The State Administration for Industry and Commerce shall make a decision within 9 months from the receipt of the application and notify the party in writing. In case of special circumstances requiring an extension, with the approval of the head of the State Administration for Industry and Commerce, the period may be extended for three months. If the party is dissatisfied with the review decision, it may file a lawsuit with the people's court within 30 days from the receipt of the notice. 
Article 59: When the prescribed time limit expires and the parties fail to apply for a review of the decision made by the State Council's Trademark Administration Department to revoke a registered trademark, or fail to file a lawsuit against the review decision in court, the decision to revoke the registered trademark and the review decision shall come into effect. 
The revoked registered trademark shall be announced by the State Administration for Industry and Commerce. The exclusive right to use the registered trademark shall cease to exist as of the date of the announcement. 
Article 60: If the registrant of a collective trademark or a certification trademark engages in any of the following acts, the department responsible for trademark enforcement shall order them to make corrections within a specified time limit; if they fail to do so 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) Failure to fulfill the duties of trademark management, causing harm to consumers; 
(2) The registered owner of a collective trademark shall not, without valid reasons, prohibit its members from using the collective trademark; or the registered owner of a certification trademark shall not, without valid reasons, deny the permission for qualified applicants to use the certification trademark. 
(3) Exercising the exclusive rights to registered trademarks in violation of this law, relevant administrative regulations, and national provisions, thereby causing adverse effects. 
Article 61: If any violation of Article 8 of this Law occurs, the department responsible for trademark enforcement shall order the party to apply for registration within a specified time limit. If the illegal business turnover exceeds 50,000 yuan, a fine of no more than 20% of the illegal business turnover may be imposed; if there is no illegal business turnover or the turnover is less than 50,000 yuan, a fine of no more than 10,000 yuan may be imposed. 
Article 62: If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 15 and Article 16, Paragraph 1 of this Law, the department responsible for trademark enforcement shall order the correction within a time limit. If the illegal business turnover exceeds 50,000 yuan, a fine of up to 20% of the illegal business turnover may be imposed; if there is no illegal business turnover or the turnover is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed. 
Article 63 Where a trademark that is well-known to the relevant public believes that its rights have been infringed, it may, in accordance with the provisions of this Law, request protection as a well-known trademark. 
During the review and examination of trademark registration, the handling of trademark violations, or the investigation and punishment of unfair competition cases, if the parties legally assert their rights, the State Administration for Industry and Commerce may, based on the needs of handling the cases, confirm the circumstances of trademark fame. 
During the trial of trademark civil cases, trademark administrative cases or unfair competition cases, if the parties legally assert their rights, the court designated by the Supreme People's Court may, based on the needs of the case, confirm the circumstances of the trademark's reputation as a well-known trademark. 
The status of a trademark as a well-known trademark should be determined upon the request of the parties, and such determination shall be made as a fact to be recognized in the handling of trademark-related cases. The determination of a trademark's well-known status should take into account the following factors: 
(1) The level of public awareness of the trademark; 
(2) The duration, manner and geographical scope of the use of this trademark; 
(3) The duration, extent and geographical scope of any promotional activities for this trademark; 
(4) Records of the protection of this trademark, particularly the records of its protection as a well-known trademark; 
(V) Other factors contributing to the trademark's reputation as a well-known brand. 
Article 64: Business operators shall not use the words "famous trademark" on their products, on the packaging or containers of their products, or in their advertising, exhibitions or other commercial activities. 
If any violation of the preceding provisions occurs, the department responsible for trademark enforcement shall order rectification and impose a fine of no more than 100,000 yuan. 
Article 65: Trademark agencies and trademark practitioners shall adhere to the principle of honesty and integrity, abide by laws and administrative regulations, uphold professional ethics and professional discipline, fulfill the obligation of diligence and responsibility, protect the legitimate rights and interests of the clients, and shall not engage in or assist the clients in conducting acts that harm the national interests, public interests, or the legitimate rights and interests of others. 
Trademark agency institutions shall handle trademark registration applications or other trademark-related matters on behalf of the clients as per their instructions. They shall be obligated to keep confidential the client's business secrets during the agency process. If the trademark applied for registration by the client may fall under circumstances prohibited from registration as stipulated by this law, the trademark agency institution shall clearly inform the client. 
Trademark agency practitioners shall undertake trademark agency business as assigned by the trademark agency and shall not accept commissions on their own. Trademark agency practitioners are not allowed to engage in trademark agency business simultaneously at more than two trademark agencies. They are responsible for the trademark agency business signed and handled by them. 
Trademark agencies shall report the relevant information of their own institutions and trademark agency practitioners to the State Administration for Industry and Commerce for record. All levels of departments responsible for trademark management and enforcement shall strengthen the management of trademark agencies and their practitioners. 
Article 66: The trademark agency industry organization is a self-regulatory organization for the trademark agency industry. 
The trademark agency industry organization should, in accordance with its charter, strictly implement the conditions for admitting members, strengthen industry self-discipline, formulate industry self-discipline norms and disciplinary rules, conduct business training and education on professional ethics and professional discipline, organize and guide members to engage in trademark agency business in accordance with the law and regulations, continuously improve the industry service level, and impose disciplinary actions on members who violate industry self-discipline norms. The trademark agency industry organization should promptly disclose the situation of admitting members and implementing disciplinary actions to the public. 
Article 67: If a trademark agency engages in any of the following acts, the department responsible for trademark enforcement shall order it to make corrections within a specified 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 person directly in charge and other directly responsible personnel shall be given a warning, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 50,0 
(1) During the process of handling trademark matters, forging, altering, or using forged or altered legal documents, seals, or signatures; 
(2) Attracting trademark agency business through fraudulent, deceptive or defamatory means against other trademark agencies; 
(3) Accepting the commissions from both parties with conflicting interests in the same trademark case; 
(4) Knowing or being aware that the trademark applied for registration by the client falls under the circumstances stipulated in Article 15, Article 16, Paragraph 1, Article 19, Article 21, Article 22, or Article 24 of this Law, yet still accepting the client's commission; 
(5) Violating the provisions of Article 25 of this Law or having the circumstances stipulated in Article 54 of this Law; 
(6) Engaging in other improper means to disrupt the order of the trademark agency market. 
If a trademark agency engages in the acts stipulated in the preceding paragraph and the circumstances are serious, the State Administration for Industry and Commerce may decide to suspend its handling of trademark agency business and make an announcement. 
If a trademark agency fails to register with the relevant authorities as required, the department responsible for trademark law enforcement shall order it to make corrections within a specified time limit; if it fails to do so within the time limit, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed. 
If a trademark agency violates the principle of honesty and fails to fulfill its duty of diligence and responsibility, thereby infringing upon the legitimate interests of the client, it shall bear civil liability in accordance with the law, and the trademark agency industry organization shall impose disciplinary action in accordance with the provisions of its charter. 
Article 68: If a trademark agent engages in any of the following behaviors, the department responsible for trademark enforcement shall order them to correct within a specified time limit, issue a warning, and impose a fine ranging from 5,000 yuan to 50,000 yuan; if the circumstances are serious, a fine ranging from 50,000 yuan to 100,000 yuan shall be imposed: 
(1) Independently accept the entrustment to handle trademark agency business; 
(2) Engaging in trademark agency business at more than two trademark agencies simultaneously; 
(3) Other serious acts that disrupt the order of the trademark agency market. 
Article 69: During the examination, review or handling of trademark registration or trademark cases abroad, if it is necessary to prove that a trademark is well-known among the relevant public in China, upon the request of the parties involved, the State Administration for Industry and Commerce may, in accordance with the provisions of Article 63 of this Law, make a determination regarding the circumstances of the trademark's fame. 
If one uses fraudulent or other improper means to handle the application for overseas trademark registration or other trademark-related matters on behalf of a client within China, thereby harming the interests of the client, the state, public interests, or the legitimate rights and interests of others, such actions shall be dealt with and punished in accordance with the provisions of Article 67 of this Law. 
Article 70 For any illegal acts such as using registered trademarks in a misleading manner or infringing upon the exclusive rights of registered trademarks, any unit or individual has the right to file complaints or reports with the departments responsible for trademark management and enforcement.

Article 71 The exclusive right to use a registered trademark shall be limited to the trademark that has been approved for registration and the goods for which the trademark has been designated. 
Article 72 Any of the following acts shall be regarded as infringement of the exclusive rights to a registered trademark: 
(1) Without the permission of the trademark owner, using the same trademark as the registered trademark on the same type of goods; 
(2) Without the permission of the trademark owner, using a trademark that is similar to the registered trademark on the same type of goods, or using a trademark that is the same or similar to the registered trademark on similar goods, is likely to cause confusion; 
(3) Selling goods that infringe upon the exclusive rights of registered trademarks; 
(4) Counterfeiting or擅自 manufacturing others' registered trademark symbols or selling counterfeit or擅自 manufactured registered trademark symbols； 
(5) Without the consent of the trademark owner, replacing the registered trademark and reselling the goods with the altered trademark on the market; 
(6) Intentionally providing facilitation conditions for acts of infringing upon others' registered trademark rights, and assisting others in committing acts of infringing upon registered trademark rights; 
(7) Causing other harm to the registered trademark exclusive rights of others. 
Article 73 Where a registered trademark contains the general names, graphics, models of the goods, or directly indicates the type, nature, quality, main raw materials, function, use, weight, quantity, value, geographical origin or other characteristics of the goods, or contains a place name, the owner of the exclusive rights to the registered trademark has no right to prohibit others from using it in a legitimate manner. 
The shapes, color combinations, sounds, dynamic effects, etc. contained in registered trademarks such as three-dimensional marks, color combinations, and sounds, which are generated by the inherent nature of the goods, necessary for achieving technical effects, or that give substantive value to the goods, are not subject to prohibition by the trademark owner from being used by others in a legitimate manner. 
This merely provides information on the usage, target audience, application scenarios, etc. of the goods offered, or indicates the true source. Where relevant registered trademarks are used, the owner of the registered trademark has no right to prohibit others from using them in a legitimate manner, except in cases where such use is likely to cause confusion. 
Before the trademark registrant applies for trademark registration, if someone has already used a trademark identical to or similar to the registered trademark on the same or similar goods before the trademark registrant, and the used trademark has gained certain influence, the trademark owner has no right to prohibit the user from continuing to use the trademark within the original scope of use. However, the owner can require the user to add appropriate distinguishing marks. 
Article 74 Where any of the acts listed in Article 72 of this Law constitutes an infringement of the exclusive rights of a registered trademark and causes disputes, the parties concerned may resolve the issue through negotiation; if they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the people's court or request the department responsible for trademark law enforcement to handle the matter. 
When the department responsible for trademark enforcement handles the case and determines that the infringement has occurred, it orders the immediate cessation of the infringement, confiscates the infringing goods and the tools mainly used for manufacturing the infringing goods and forging the registered trademark marks, and if the illegal business amount is over 50,000 yuan, a fine of up to five times the illegal business amount can be imposed. If there is no illegal business amount or the amount is less than 50,000 yuan, a fine of up to 250,000 yuan can be imposed. For those who commit trademark infringement twice or more within five years or have other serious circumstances, they shall be punished more severely. If a person sells goods that they are unaware are infringing on the registered trademark rights and can prove that the goods were obtained legally and explain the provider, the department responsible for trademark enforcement shall order the cessation of sales. 
In cases where there is a dispute over the amount of compensation for infringement of registered trademark rights, the parties may request mediation from the department responsible for trademark law enforcement, or they may file a lawsuit with the people's court in accordance with the "Civil Procedure Law of the People's Republic of China". After the department responsible for trademark law enforcement mediates and the parties fail to reach an agreement or fail to fulfill the mediation agreement after its effectiveness, the parties may file a lawsuit with the people's court in accordance with the "Civil Procedure Law of the People's Republic of China". 
Article 75 Where there is an infringement of the exclusive rights to a registered trademark, the department responsible for trademark law enforcement has the authority to investigate and handle the matter in accordance with the law. 
If the infringement of registered trademark rights involves criminal offenses, the department responsible for trademark law enforcement shall promptly transfer the case to the public security authorities for legal handling; for cases where criminal responsibility does not need to be pursued or criminal punishment is waived but administrative penalties are required, the public security authorities, people's procuratorates, and people's courts shall promptly transfer the cases to the department responsible for trademark law enforcement for legal handling. When the public security authorities, people's procuratorates, and people's courts request the department responsible for trademark law enforcement and the departments responsible for trademark registration and management to provide professional support, determination opinions, and harmless disposal of infringing items, the relevant departments shall promptly provide assistance. 
Article 76 When the department responsible for trademark enforcement conducts investigations and查处actions against suspected acts of infringing upon the exclusive rights of others' registered trademarks based on the evidence of suspected violations or complaints and reports it has obtained， it may exercise the following powers： 
(1) Inquire of the relevant parties and investigate the circumstances related to the infringement of others' registered trademark rights; 
(2) Review and copy the contracts, invoices, account books, documents, records, business correspondence, audio-visual materials, electronic data, and other relevant materials related to the infringement activities of the parties involved; 
(3) Conduct on-site inspections of the places where the parties are suspected of engaging in activities that infringe upon others' registered trademark rights; 
(4) Inspect items related to infringement activities; for items that have evidence proving to be infringing upon others' registered trademark rights, they can be sealed or seized. 
(5) In cases where evidence may be lost or difficult to obtain in the future, it is permissible to take pre-emptive measures for its registration and preservation. 
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; they shall not refuse or obstruct. 
During the process of investigating trademark infringement cases, if there are disputes over trademark ownership or if the rights holder simultaneously files a trademark infringement lawsuit with the court, the department responsible for trademark law enforcement can suspend the investigation of the case. Once the reasons for the suspension are eliminated, the case investigation procedure should be resumed or terminated. 
Article 77 The amount of compensation for infringement of registered trademark rights shall be determined based on the actual losses suffered by the right holder due to the infringement or the profits obtained by the infringer from the infringement. If the losses of the right holder or the profits obtained by the infringer are difficult to determine, the amount may be reasonably determined by multiplying the royalty for the use of the trademark by a certain multiple. For intentional infringement of registered trademark rights that is particularly serious, the amount of compensation may be determined within one to five times the amount determined by the above method. 
When the People's Court is determining the amount of compensation, if the right holder has made every effort to provide evidence, and the accounting books and relevant materials related to the infringement are mainly held by the infringer, the court may order the infringer to provide such accounting books and materials. If the infringer fails to provide them or provides false accounting books and materials, the court may determine the amount of compensation based on the claims of the right holder and the evidence provided by the right holder. 
If the actual losses suffered by the right holder due to infringement, the profits obtained by the infringer from the infringement, and the licensing fees for registered trademarks are difficult to determine, the people's court shall, based on the circumstances of the infringement, rule to award compensation of no more than 5 million yuan. 
The compensation amount should also include the reasonable expenses that the rights holder has incurred in order to stop the infringement. 
When hearing trademark dispute cases, the people's court, upon the request of the rights holder, shall order the destruction of goods that are counterfeit registered trademarks, except in special circumstances; for the materials and tools mainly used for manufacturing counterfeit registered trademarks, it shall order their destruction and no compensation shall be given; or in special circumstances, it shall order the prohibition of the aforementioned materials and tools from entering the commercial channels, and no compensation shall be given. 
Goods that bear counterfeit registered trademarks must not be put into the commercial market merely by removing the counterfeit trademarks. 
Article 78 If the owner of a registered trademark claims compensation and the accused infringer raises an objection by arguing that the owner of the registered trademark did not use the registered trademark, the court may require the owner of the registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the registered trademark cannot prove that the registered trademark was actually used within the previous three years or cannot prove that it suffered other losses due to the infringement, the accused infringer shall not be liable for compensation. 
If the seller can prove that the goods sold do not infringe upon the exclusive rights of a registered trademark and that the goods were obtained legally by themselves along with the explanation of the provider, they will not be held liable for compensation. 
Article 79: If the trademark registrant or a person with a stake in the trademark has evidence indicating that others are currently engaging in or about to engage in acts of infringing upon the exclusive rights of the registered trademark, and if failure to promptly stop such actions would result in irreparable harm to their legitimate rights and interests, they may, in accordance with the law, apply to the people's court for measures to order the cessation of such acts and for property preservation before filing a lawsuit. 
Article 80: In order to stop infringement, if evidence is likely to be lost or difficult to obtain in the future, the trademark registrant or interested party may, in accordance with the law, apply to the court for preservation of evidence before filing a lawsuit. 
Article 81 Where a trademark lawsuit is filed through malicious collusion or by fabricating key facts unilaterally, the people's court shall impose penalties in accordance with the law; if losses are caused to the opposing 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, maintain integrity and self-discipline, be loyal to their duties, and provide civilized services. 
The departments responsible for trademark registration and management, as well as the departments responsible for trademark law enforcement, and the public officials engaged in trademark registration, management and law enforcement, shall not engage in trademark agency business or commodity production and operation activities. 
Article 83 The departments responsible for trademark registration and management, as well as the departments responsible for trademark law enforcement, shall establish and improve internal supervision systems to conduct supervision and inspection on the compliance of public officials engaged in trademark registration, management, and law enforcement with laws, administrative regulations, and discipline. 
Article 84: Public officials engaged in trademark registration, management, and law enforcement shall, in violation of this law, engage in trademark agency business, or engage in commodity production and operation activities. Or, if they abuse their power, neglect their duties, or engage in favoritism and malfeasance, any of the following circumstances shall result in legal disciplinary action: 
(1) Granting trademark registration to an applicant who does not meet the registration requirements, thereby causing adverse effects; 
(2) Decisions such as (ordering correction) or administrative penalties should have been made but were not. 
(3) Discovering illegal activities or receiving complaints or reports that fail to fulfill the duties of trademark management and law enforcement in accordance with the law; 
(4) Other acts that should be subject to disciplinary action in accordance with the law. 
Article 85: If any violation of this law constitutes a crime, criminal responsibility shall be pursued in accordance with the law. 


Article 86 When applying for trademark registration or handling other trademark-related matters, fees shall be paid. The specific (fee standards) will be determined separately. 
Article 87 This law shall come into effect on January 1, 2027. 
The trademarks that have already been registered before the implementation of this law remain valid.