PRC Trademark Law (2013 Revision)

Date:2012年12月20日 15:30

PRC Trademark Law ( 2013 Revision)

Law of the People
No. 6

" Standing Committee of the National People's Congress on Amending < PRC Trademark Law > 's " by the Republic of China National People's Congress Standing Committee of the Twelfth fourth meeting on August 30, 2013 , is hereby published which came into effect May 1, 2014 .

PRC President Xi Jinping
August 30, 2013

 

PRC Trademark Law ( 2013 Revision)

( August 23, 1982 the Fifth National People's Congress Standing Committee of the twenty-fourth meeting, according to February 22, 1993 the Seventh National People's Congress Standing Committee of the Thirtieth Meeting " on amending < People the decision of the Trademark Law of the Republic of > "the first amendment in accordance with the Standing Committee of the Ninth National People's Congress of the twenty-fourth session of October 27, 2001 " Decision on Amending < PRC Trademark Law > "second amendment according to August 30, 2013 the fourth meeting of the Standing Committee of the Twelfth National People's Congress ' decision to amend < PRC Trademark Law > the " third Amendment )
Table of Contents
Chapter I General
Chapter II Application for Trademark Registration
The third chapter review and approval of trademark registration
Chapter IV registered trademark renewal, change , transfer and licensing
Chapter V registered trademark invalidation
Chapter VI Use of Trademarks
Chapter VII Protection registered trademark of
Chapter VIII
Chapter I General
In order to strengthen the administration of trademarks , protecting trademark rights , prompting producers and operators to ensure quality of goods and services to maintain the reputation of their trademarks in order to protect consumers and producers , operators of interests, to promote the development of the socialist market economy , specially formulated this Act .
Head of the national trademark registration and management of work of the Second State Council administrative department for industry and commerce and Trademark Office .
The State Council administrative department for industry and commerce to establish Trademark Review and Adjudication Board , responsible for handling trademark disputes.
Article approved by the Trademark Office for trademark registration is a registered trademark , including trademarks , service marks , collective marks and certification marks ; trademark registration shall enjoy the exclusive right to use the trademark , protected by law.
Collective mark this Act , refers to groups, associations or other organizations or registered for use in the organization's members in commercial activities to indicate their membership in the organization 's logo.
In this law , is controlled by means of a commodity or service organization with oversight capacity , and units or individuals outside of the organization to use its products or services in order to prove the origin of the goods or services , raw materials, manufacturing methods, quality or other specific characteristics .
Collective marks, certification trademark registration and management of special events , the provisions of the administrative department of the State Council .
Article natural persons, legal persons or other organizations in production and business activities , the need to obtain goods or services of its trademark rights , shall apply to the Trademark Office for trademark registration .
Provisions of this Law concerning trademarks , service marks apply .
Article two or more natural persons , legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark , jointly enjoy and exercise the exclusive right to the trademark.
Article VI of the laws, administrative regulations must use a registered trademark, and must apply for trademark registration, without the approval of the registration shall not be sold on the market .
Article VII application for registration and use of trademarks should follow the principle of good faith .
Trademark shall be responsible for the use of the trademark quality of the goods . Industrial and commercial administration departments at all levels shall, through the administration of trademarks , stop consumer fraud .
Article 8 can be natural persons, legal persons or other organizations goods and distinguish the goods of others signs, including , as well as a combination of text, graphics , letters, numbers , three-dimensional marks, color combinations , and sound elements such as the above , can be used as application for trademark registration .
Article IX apply for trademark registration shall have distinctive characteristics , ease of identification, and shall not be lawful rights and others obtained earlier conflict .
Trademark holders the right to mark "trademark" or registration marks.
Article 10 The following signs shall not be used as trademarks:
( A ) State name , national flag , national emblem , national anthem, flag, emblem , military songs , medals and other identical or similar , as well as with the name of the central state organs , logo, name or location of a specific location landmarks object name , the same graphics ;
(B ) with the name of the foreign country , national flag, national emblem , flag and other identical or similar , except with the consent of the government of the country ;
( C) the name of international intergovernmental organizations , flags , emblems and other identical or similar , except that the organizations agree unlikely to mislead the public;
( Four ) and shows that the implementation of control , be assured the official logo , testing the same or similar mark, but other than authorized ;
( Five ) with the " Red Cross ", " Red Crescent " name, logo identical or similar ;
( Six ) with ethnic discriminatory ;
(Vii ) deceptive , easy to make public information on the quality and other characteristics or origin of misidentification ;
(Viii ) those detrimental to socialist morals or have other adverse effects .
Above the county level administrative division names or foreign names known to the public shall not be used as trademarks . However, the place names have other meanings as a collective mark or certification mark except part ; using names registered trademark continue to be valid .
Following signs shall not be registered as trademarks :
( A ) only the generic name of the product, the graphics, models ;
(B ) only direct representation of the product quality, the main raw materials, function , use, weight , quantity or other characteristics ;
(C ) Other notable features lacking .
Signs listed in the preceding acquired distinctiveness through use , and easy to identify , and can be registered as trademarks .
Article 12 of the three-dimensional mark applied for registration of a trademark , only the shape of goods produced by its own nature , in order to obtain a technical result or the shape of goods needed to make some substantial value to the product shape , can not be registered .
Article 13 of the relevant public known trademark holders believe their rights have been violated , you can request a well-known trademark protection in accordance with the provisions of this Law .
For the same or similar trademark application for registration of the product is a reproduction, imitation or translation of another unregistered well-known trademarks in China , likely to cause confusion , shall not be registered and banned .
Trademarks not identical or similar to an application for registration of the product is a reproduction, imitation or translation of another well-known trademarks have been registered in China , misleads the public , resulting in the interests of the well-known trademark registrant may be damaged by such registration and prohibited from use.
Article XIV -known trademark shall, upon request of the parties, as the processing of cases involving trademarks identified needs identified facts . Well-known trademarks should consider the following factors:
( A ) the relevant public aware of the extent of the trade mark ;
(B ) the duration of use of the mark ;
(C ) the duration of any publicity of the mark , extent and geographical scope ;
(D ) recording the mark as well-known trademarks protected ;
Other factors ( five ) of the well-known trademark .
In the examination of trademark registration , industrial and commercial administration department of the process of trademark violation cases , the parties claiming rights in accordance with Article 13 of the Trademark Office to review as needed to deal with the case, you can make a determination on the case of well-known trademarks .
In the process of trademark disputes , the parties claiming rights in accordance with Article 13 of the Trademark Review and Adjudication Board to deal with the case, you can make a determination on the case of well-known trademarks .
In trademark civil, administrative case proceedings , the parties claiming rights in accordance with Article 13 of the Supreme People's Court of the People's Court designated to hear the case as needed , you can make a determination on the case of well-known trademarks .
Production, operators shall not be "well-known trademark ," the words used on goods, packaging or container , or for advertising, exhibitions and other commercial activities.
Article XV unauthorized agent or representative in their own name to be an agent or representative of the trademark is registered , or is challenged by an agent representative , shall not be registered and banned .
For the same unregistered Trademarks of the same or similar goods and others to apply for registration or prior use of approximation, the applicant has a contract with that other person other than those specified in the preceding paragraph , the business relationship or other relationship which exists knowing that another's trademark , the others raised objections , shall not be registered .
Article XVI trademark has geographical indications of goods, and the goods are not marked from the flag area , to mislead the public , shall not be registered and banned ; however, has been registered in good faith continue to be valid .
The aforesaid geographical indications, is an indicator showing a good as originating in a region , where a given quality , reputation or other characteristic is essentially attributable to natural factors or human factors of the area determined .
Article XVII foreigner or foreign enterprise applications for trademark registration in China , should be in accordance with an agreement signed between the country and the People's Republic of joint participation in international treaties or handling , or by the principle of reciprocity .
Article XVIII apply for trademark registration or handling other trademark matters , you can handle yourself , you can entrust a trademark agency established by law apply .
Foreigners or foreign companies to apply for trademark registration and for other trademark matters in China shall entrust a trademark agency established by law apply .
Article XIX trademark agency shall follow the principle of good faith compliance with the laws and administrative regulations , according to the agent's commission is applying for trademark registration or other trademark matters ; aware of the agent process is a trade secret agent , bears confidentiality obligations.
The principal application for registration of a trademark may exist circumstances of this Law shall not be registered trademark agency shall clearly inform the principal.
Trademark agency knows or should know that the client application for registration of a trademark belonging to Law Articles 15 and Article 32 circumstances, shall not accept commission .
Trademark agency services in addition to its application for trademark registration agency shall apply for registration of other trademarks .
Diershitiao trademark agency shall be in accordance with the Articles of industry organizations , strict implementation of the conditions to attract members , in violation of industry self- regulate members to implement punishment. Trademark agent industry organizations for its members and to attract members of the disciplinary case shall promptly announced to the public .
Article 21 The system of international registration of marks follow the relevant international treaties concluded or acceded to the establishment of the People's Republic of specific measures by the State Council .
Chapter II Application for Trademark Registration
Article 22 of the trademark registration applicant should be required to fill in the classification of goods and the use of the trademark brand name merchandise category , application for registration .
Trademark registration applicant may apply through an application on multiple categories of goods registered the same trademark .
Trademark registration and other relevant documents , can be made in writing or data messages .
Article 23 requires the registered trademark of the approved use of goods made ​​outside the scope of trademark rights , shall be applied for registration .
Twenty- four registered trademark of the need to change its logo , it should be re- applied for registration .
Article 25 of the trademark registration of its trademark from the date the applicant first filed in a foreign trademark registration applications within six months , and in China with the same trademark application for registration , in accordance with the foreign goods signed with China on the same the joint participation of international treaties or agreements , or in accordance with the principle of mutual recognition of priority can be given priority .
Priority is claimed , shall be submitted in accordance with the preceding paragraph at the time made ​​a written application for trademark registration statement , and a copy of the trademark registration application documents submitted for the first time raised within three months ; did not submit a written application for trademark registration statement or overdue uncommitted copies of documents shall be regarded as a priority not required .
Article 26 mark in the international exhibition sponsored or recognized by the Chinese government 's first use of goods on display , from the date of the exhibition within six months , the applicant for registration of the trademark can be given priority.
Priority is claimed , shall be submitted in accordance with the preceding paragraph at the time made ​​a written application for trademark registration statement and submit the name of an exhibition showcasing its products in three months , evidence of use of the mark on the goods on display , the exhibition dates and other documents ; did not submit a written statement or fails to submit supporting documents , priority shall be deemed not required .
Article 27 to apply for trademark registration matters reported and materials provided should be true, accurate and complete.
The third chapter review and approval of trademark registration
Article 28 of the application for registration , the Trademark Office shall apply from the date of trademark registration document review is completed within nine months , in line with the relevant provisions of this Act, shall be received preliminary approval notice .
Article 29 in the review process , applications for trademark registration and Trademark Office considers content requires explanation or correction , may require the applicant to make a correction or explanation . The applicant did not make a statement or amendment does not affect the Trademark Office to make a review of the decision .
Article 30 The application for registration of a trademark , which do not comply with the relevant provisions of this Act or with the same or similar trademarks similar to others in the same kind of goods or merchandise already registered or preliminarily approved by the Trademark Office rejected the application shall not be published .
Article 31 Where two or more applicants for trademark registration in the same or similar goods on the same or similar trademark application for registration , application for preliminary approval and announcement earlier trademark ; same day the application preliminary approval and announcement earlier trademark use , others rejected the application shall not be published .
Article 32 The application for trademark registration shall not prejudice existing prior rights of others , nor unfair means someone else has already registered and have a certain impact on the use of the trademark .
Trademark notice of preliminary approval of Article 33 , since the date of the publication within three months prior right people , stakeholders believe violates the provisions of Article XIII 2 and 3, Article XV Article 16 first paragraph , Article 30 , Article 31 , Article 32 , or any person considered a violation of Article 10 , Article 11, Article XII of the , may raise objections to the Trademark Office . Notice expired without objection , to be approved for registration , trademark registration certificate issued shall be published .
Article 34 rejection of the application , no publication of the trademark , the Trademark Office shall notify the applicant for trademark registration . Trademark registration applicant is dissatisfied , he may receive , within fifteen days from the date of notification to the Trademark Review and Adjudication Board for review . Trademark Review and Adjudication Board shall, within nine months from the date of the application to make a decision and notify the applicant in writing is received. There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for three months. A party refuses to accept the decision of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court .
Article 35 Notice of preliminary approval trademark dispute , the Trademark Office shall hear both the opponent and the opponent is a statement of facts and grounds , after investigation and verification , starting from the date of expiry of the announcement made ​​within twelve months if the decision to grant registration , and notify the opponent and the opponent . There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for six months.
Trademark Office to make a decision to grant registration , trademark registration certificate issued shall be published . Opposer is dissatisfied, he can follow Article 44 Article 45 of this Law to the Trademark Review and Adjudication Board to declare invalid the registered trademark .
Not registered Trademark Office to make a decision by the opponent refuses to accept , from the receipt of fifteen days from the date of notification to the Trademark Review and Adjudication Board for review . Trademark Review and Adjudication Board shall, within twelve months from the date of application for review to make a decision and notify the opponent and the opponent is received. There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for six months. Opposed party decision of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court . People's court shall notify the person as a third party in the opposition proceedings .
The results Trademark Review and Adjudication Board in the course of the preceding paragraph shall be reviewed in determining prior rights of the people must be involved in the trial court or administrative authority is being processed for another case basis , may suspend the review . After the suspension to eliminate the reasons , the review process should resume .
Article 36 of the expiry of the statutory period , the parties to the Trademark Office to make the decision to reject the application , refuse to register or apply for a review of the decision not to review the decision of the Trademark Review and Adjudication Board made ​​not to prosecute the people's court , the decision to reject the application , not registered decision or review of the decision to take effect.
Upon review and approve objection does not hold a registered trademark , trademark registration applicant has obtained the exclusive right to the trademark time from initial expiration of three months from the date of announcement of the approval period. Trademark Notice from the date of expiry of the registration until the decision was made before the granting of others in the same or a similar product with the same or similar to the trademark signs of behavior is not retroactive ; however , because of the use of a malicious person to losses caused by trademark owners should be compensated.
Article 37 The application for trademark registration and trademark application for review shall be examined .
Article 38 of the trademark registration applicant or registrant files found in the trademark application or registration documents of manifest error , you can apply for correction . Trademark Office by law to make corrections within its terms of reference , and notify the parties .
Preceding paragraph to correct the error does not involve the substantive content of the trademark application or registration documents.
Chapter IV registered trademark renewal, change , transfer and licensing
Article 39 The registered trademark is valid for ten years, counted from the date of approval of registration .
Article 40 Where a registered trademark of expiration , to continue to use the trademark registrant shall apply for renewal in accordance with the procedures within the twelve months prior to the expiration ; during this period failed to handle , can be given a grace period of six months . Each renewal of registration is valid for ten years from the day following the expiration of the trademark term from the calculations. Where no formalities for renewal , cancellation of the registered trademark.
Trademark Office shall be announced on the renewal of trademark registration .
Article 41 The registration of a trademark registrant 's name, address or other registered matters shall make changes to the application .
Article 42 The registered trademark is assigned , the assignor and the assignee shall sign a transfer agreement and jointly file an application with the Trademark Office . The assignee shall guarantee the quality of goods the registered trademark .
Assignment of a registered trademark , trademark registration for its similar trademarks registered in the same kind of goods or similar goods in the same or similar to the registered trademark shall be transferable.
There are apt to cause confusion , or other adverse effects of the transfer , the Trademark Office shall not be approved , notify the applicant in writing and explain the reasons .
Approved the assignment of a registered trademark shall be published . The assignee shall enjoy the exclusive right to the trademark from the date of the announcement .
Article 43 Where a trademark registrant may, by signing a trademark license contract, authorize others to use its registered trademark. The licensor shall supervise the licensee to use its registered trademark quality. Licensee shall guarantee the quality of goods the registered trademark .
Licensed to use the registered trademark of another person , the licensee must indicate the name and origin of the goods on the use of the registered trademark .
Permit others to use its registered trademark, the licensor shall be submitted to the Trademark Office trademark license record , the Trademark Office announced. Trademark without the permission of the record shall be bona fide third party .
Chapter V registered trademark invalidation
Article 44 Where a trademark has been registered in violation of provisions of Article 10 , Article 11, Article XII , or by fraud or other improper means to obtain registration , the Trademark Office declared the registered trademark invalid ; any other organization or individual may request the Trademark review and Adjudication Board to declare invalid the registered trademark .
Decision making and Trademark Office to declare invalid a registered trademark , it shall notify the parties in writing . Party refuses to accept the decision of the Trademark Office , from the receipt of the notification , within fifteen days from the date of the Trademark Review and Adjudication Board for review . Trademark Review and Adjudication Board shall, within nine months from the date of the application to make a decision and notify the parties in writing is received. There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for three months. A party refuses to accept the decision of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court .
Other units or individuals request the Trademark Review and Adjudication Board to declare invalid a registered trademark , the Trademark Review and Adjudication Board receives the application , it shall notify in writing the parties concerned , and the deadline proposed reply. Trademark Review and Adjudication Board shall, from the date of receipt of the application made ​​to maintain a registered trademark or a registered trademark invalid declaration within nine months of the decision and notify the parties in writing . There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for three months. A party refuses to accept the ruling of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court . The people's court shall notify the other party trademark ruling proceedings as a third party to the litigation .
Article 45 of the registered trademark , violates the provisions of Article XIII 2 and 3, 15, 16 of the first paragraph of Article 30 , Article 31 , para. thirty-two regulations, from the date of registration of the trademark within five years prior rights or interested party may request the trademark Review and Adjudication Board to declare invalid the registered trademark . Malicious registration, the trademark owner is not well-known five-year time limit.
After the Trademark Review and Adjudication Board received a registered trademark declared invalid application, it shall notify in writing the parties concerned , and the deadline proposed reply. Trademark Review and Adjudication Board shall, from the date of receipt of the application made ​​to maintain a registered trademark or a registered trademark of invalid declared within twelve months of the decision and notify the parties in writing . There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for six months. A party refuses to accept the ruling of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court . The people's court shall notify the other party trademark ruling proceedings as a third party to the litigation .
The results Trademark Review and Adjudication Board in the course of the preceding paragraph shall examine the request for invalidation of the prior rights must be involved in determining people's court or administrative authority is being heard are dealing with another case basis , and may suspend review . After the suspension to eliminate the reasons , the review process should resume .
Article 46 of the expiry of the statutory period , the parties decided to declare the Trademark Office registered trademark invalid or does not apply for a review of the reexamination decision of the Trademark Review and Adjudication Board to maintain a registered trademark or a registered trademark declared invalid without the people's court ruling , the Trademark Office the trademark review and Adjudication Board 's decision or the review decision , ruled that effect.
Article 47 is a registered trademark declared invalid in accordance with Article 44 , Article 45 of this Law , the Trademark Office shall be the announcement , the registered trademark considered nonexistent from the beginning .
Decided to declare invalid or registered trademarks ruling invalidated the former People's Court and the judgment of trademark infringement cases have been executed , ruled that mediation and commercial administrative departments to make treatment decisions and trademark infringement cases , and has been performed the transfer or discharge trademark license contract does not have retrospective effect. However, due to the loss of trademark holders malicious caused to others , shall be compensated.
In accordance with the preceding paragraph does not return damages for trademark infringement , trademark transfer fee , trademark royalties, in clear violation of the principle of fairness , it should be all or part of the return .
Chapter VI Use of Trademarks
Article 48 of this Law, the use of the trademark , refers to the trademark for the goods, packaging or container and commodity trading instruments , or trademarks used in advertising, exhibitions and other commercial activities, to identify the goods source behavior.
Article 49 trademarks registered in the course of using the registered trademark , registered trademark is altered , the registrant name, address or other registered matters , by the local industrial and commercial administrative department shall order rectification ; expire no correction , the Trademark Authority to revoke its registered trademark.
Become a generic name registered trademarks of their goods or approved for use without justification are not used for three consecutive years , and no unit or individual may apply to the Trademark Office to revoke the registered trademark. Trademark Office shall apply from the date of receipt of the decision within nine months. There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for three months.
Within one year , the Trademark Office with the same or similar to the trademark application for trademark registration , trademark Article 50 shall not be revoked or declared invalid or expire not been renewed since the revocation , cancellation or invalidation of the Day approval.
Article 51 violation of the provisions of Article VI , by the local industrial and commercial administration ordered deadline to apply for registration , illegal turnover of more than $ 50,000 , may be fined twenty percent less than the amount of illegal business , there are no illegal business volume or illegal turnover of less than $ 50,000 , may be fined 10,000 yuan .
Article 52 will not posing a registered trademark registered trademarks or unregistered trademarks in violation of the provisions of Article X of this Act , shall be by the local industrial and commercial administrative departments to stop, within a time limit , and you can be informed , illegal turnover of five million or more , shall be liable to a fine of twenty percent of illegal business turnover below , no illegal turnover or illegal turnover of less than $ 50,000 , may be fined 10,000 yuan .
Violation of Article 53 , paragraph 5 of Article 14 , by the local industrial and commercial administrative department shall order correction , a $ 100,000 fine .
Revocation or refusal to cancel a registered trademark of Article 54 of the Trademark Office , the party is dissatisfied , he may receive fifteen days from the date of notification to the Trademark Review and Adjudication Board for review . Trademark Review and Adjudication Board shall, within nine months from the date of the application to make a decision and notify the parties in writing is received. There are special circumstances need to extend the approval of the administrative department of the State Council , may be extended for three months. A party refuses to accept the decision of the Trademark Review and Adjudication Board , you can notice within thirty days of receipt of the people's court .
Article 55 of the expiry of the statutory period , the parties decided to cancel a registered trademark Trademark Office made ​​no application for review or to review the decision of the Trademark Review and Adjudication Board does not make the people's court , the decision to withdraw a registered trademark of effective review of the decision .
Revocation of a registered trademark shall be published by the Trademark Office , the registered trademark terminated with effect from the date of the announcement.
Chapter VII Protection registered trademark of
Exclusive right to use a registered trademark of Article 56 , to approve the product and approved the use of a registered trademark is limited .
Article 57 of the following acts shall be an infringement of a registered trademark :
( A ) without the permission of the registered trademark , and its use of the same trademark registered trademark on the same kind of goods ;
License ( two ) without the trademark registrant , the use of the same kind of goods similar to its trademark registered trademarks , or registered trademarks using the same or similar to its trademark on similar goods , likely to cause confusion ;
( C) the sale of infringing registered trademark of commodities ;
( 4) forging , manufacturing without a registered trademark of another person or selling counterfeit registered trademark logo without authorization ;
(E ) without the consent of the trademark registration , trademark registration and the replacement of its trademark goods and replacement into the market ;
(F ) willfully infringe trademark rights for the behavior to provide convenient conditions to help others to trademark infringement action ;
( Seven ) to the registered trademark cause other harm to others .
Article 58 will be registered trademarks of others , well-known trademark is not registered as a business name in the font used to mislead the public , constitute acts of unfair competition , in accordance with the "PRC Anti-Unfair Competition Law" deal .
Article 59 generic names registered trademark containing the goods, graphics , models, or directly indicating the quality , main raw materials , function, use , weight, quantity or other features , or contain names, registered trademark people have no right to prohibit others from legitimate use .
D symbol are registered trademarks of shapes contained in the nature of the goods themselves produced , in order to obtain a technical result or the shape of goods needed to make some substantial value to the product shape , a registered trademark shall have no right to prohibit others from legitimate use .
Former trademark registration applications for trademark registration , trademark registration ahead of others who have been using the same or similar trademarks and trademarks have a certain influence on the same kind of goods or similar goods , the registered trademark shall have no right to prohibit the use of people in the original continue to use the trademark within the scope of use, but may request additional appropriate distinction between its identity .
There are listed in Article 60 of this Law violated Article 57 of the exclusive right to conduct a registered trademark disputes by negotiation among parties concerned; refuses to negotiate or the negotiation fails, the trademark registrant or interested party may apply to the People the court may also request business administration department.
Industrial and commercial administration departments dealing , finds infringement is established , and ordered to immediately stop the infringement , confiscate and destroy the infringing goods and mainly used to manufacture the infringing goods , forgery instruments registered trademarks , illegal turnover of more than $ 50,000 , you can place a fine of five times the amount of illegal business , there is no illegal turnover or illegal turnover of less than $ 50,000 , shall be liable to fine of $ 250,000 or less. More than twice the implementation of trademark infringement or other serious circumstances within five years , should be severely punished . Sales do not know infringement of registered trademark goods, can prove that the product is made ​​and explain their legal providers, industry and commerce administration departments ordered to stop sales.
The amount of compensation for infringement of the exclusive right to a trademark dispute , the parties may request the administrative department for industry and commerce handling mediation can also be the people's court in accordance with the "PRC Civil Procedure Law ." Industrial and commercial administrative departments mediation, the parties have not reached an agreement or mediation after the entry into force of non-performance , the party may sue the people's court in accordance with the "PRC Civil Procedure Law ."
Article 61 of the infringement of a registered trademark behavior , industrial and commercial administration departments have the right to investigate and punish ; suspected of a crime, shall be transferred to judicial organs according to law.
Article 62 of the industrial and commercial administration departments above the county level in accordance with the law of evidence that has been made or suspects to report suspected violations when registered trademark investigate the behavior of others , may exercise the following powers:
( A ) ask the parties concerned , the investigation and the infringement of registered trademark rights of others;
( B) the inspection , copying and infringing activities related party contracts, invoices, account books and other relevant information ;
(C ) the parties suspected of infringing a registered trademark of the places on-site inspections ;
(D ) inspection and related activities infringing goods ; to have the evidence to prove the infringement of registered trademark items, you can seal up or seized.
When the administrative department for industry and commerce to exercise the powers prescribed in the preceding paragraph , the parties shall assist and cooperate and shall not refuse , obstruct .
In the course of trademark infringement cases , ownership of the trademark dispute or claim trademark infringement lawsuit filed by the same to the people's court , the administrative department for industry and commerce may suspend investigate the case. After the suspension to eliminate the reasons , should be restored or termination case investigation procedures.
Article 63 The amount of compensation for trademark infringement , according to the actual losses suffered due to the infringement identified ; difficult to determine the actual losses may be determined in accordance with the interests of the infringer obtained by the infringer ; loss or infringement of rights holders people get benefits is difficult to determine , by reference to the trademark license fee multiples reasonably assured. Malicious violation of trademark rights , the circumstances are serious , you can determine the amount of compensation more than doubled in three times the amount determined in accordance with the following methods . The amount of compensation shall include the right holder to stop the infringement reasonable expenses paid .
People's Court to determine the amount of compensation , the right people have tried to prove , with the tort -related books, information mainly by the understanding of the situation under the infringer may order the infringer to provide tort -related books and materials; infringer does not provide or provides false books , information , ideas and people's court may refer the evidence provided rights holders determine the amount of compensation .
Actual losses suffered because of the infringement , the interests of the infringer obtained due to the infringement , trademark licensing fee is difficult to determine , by the people's court for compensation under three million tort judgment plot .
Article 64 of the registered trademark owner to seek compensation , the accused infringer to register the trademark owner does not use the registered trademark to defend the people's court may require the person to provide a registered trademark in the previous three years, the actual use of the registered trademark evidence. Registered trademark can not prove actual use within the previous three years through the registered trademark and can not prove by other losses due to infringement , the accused infringer is not liable for damages.
Sales do not know infringement of registered trademark goods, can prove that the product is made ​​and explain their legal providers, not liable for damages .
Article 65 A trademark registrant or interested party has evidence to prove that another person is committing or is about to violate their registered trademark of behavior , if not stop the legitimate rights and interests will make it irreparable harm , can legally before the people's court application for an order to cease the conduct and to preserve the property .
Article 66 is to stop the infringement , in the case of evidence may be lost or difficult to obtain , the trademark registrant or interested party may by law before the people's court for evidence preservation .
Article 67 without the permission of the trademark registration , using the same kind of goods identical to its registered trademark trademark constitutes a crime , in addition to compensation for the damages suffered by the infringed, be held criminally responsible .
Forgery , unauthorized manufacture or sale of a registered trademark of another person forgery , unauthorized manufacture of a registered trademark , constitutes a crime, in addition to compensation for the loss of the infringed, be held criminally responsible .
Knowingly selling counterfeit trademark goods, constitutes a crime, in addition to compensation for the loss of the infringed, be held criminally responsible .
Article 68 of the trademark agency , one of the following acts , the administrative department for industry and commerce shall order rectification and give a warning , a fine of 10,000 yuan to 100,000 yuan ; charge and other directly responsible personnel directly responsible given a warning, a fine of five thousand yuan ; constitutes a crime, be held criminally responsible :
( A ) the process for trademark matters , forging, altering or using forged or altered legal documents , stamps, signatures ;
(B ) to denigrate other trademarks are trademarks of the agency and other means to solicit agency business or other improper means to disturb the market order of trademark agency ;
(C ) in violation of Article 19 paragraph 3 of 4 of this Article .
There preceding paragraph trademark agency acts, the administrative department for industry and commerce credited to credit file ; circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting it for trademark agency business , to be announced.
Trademark agency in violation of the principle of good faith , against the legitimate interests of the client , shall bear civil liability according to law , trademark agent industry organizations shall be in accordance with the articles of association by discipline .
State personnel engaged in trademark registration, administration and review of Article 69 must enforce the law , self-discipline , dedication, civilized service .
Trademark Office and the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, administration and review shall not engage in trademark agency business and commodity production and business activities.
Article 70 The administrative department for industry and commerce shall establish a sound system of internal supervision , enforcement of laws , administrative regulations and compliance with the discipline of the staff of state organs in charge of trademark registration , administration and review of supervision and inspection.
71 engaged in trademark registration, state personnel administration and review of dereliction of duty , abuse of power , corruption , illegal for trademark registration, administration and review of matters , accepting party property , seek illegitimate interests , constitute a crime, be held criminally responsible ; does not constitute a crime, shall be punished .
Chapter VIII Supplementary Provisions
Article 72 The application for trademark registration and for other trademark matters shall pay the fee as prescribed.
Article 73 This Law shall go into effect March 1, 1983 . Meanwhile repealed April 10, 1963 the State Council issued "trademark regulations" ; provisions of other relevant trademark administration , where the conflict with the law , but failed.
Trademarks registered prior to the implementation of this Act continue to be valid .

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