TRADEMARK LAW OF THE P.R.C
COMPARATIVE TABLE
2001 LAW
&
2013 AMENDED LAW
(Adopted 30/8/13 – Effective May 2014)
TRADEMARK LAW (2001) AMENDED LAW（AUGUST 30, 2013） Chapter I General Provisions Article 1 Chapter I General Provisions Article 1 Untouched This Law is enacted for the purpose of reinforcing the administration of This Law is enacted for the purpose of reinforcing the administration of trademarks, protecting the exclusive rights to use registered trademarks, and trademarks, protecting the exclusive rights to use registered trademarks, and encouraging manufacturers and sellers to ensure the quality of their goods and encouraging manufacturers and sellers to ensure the quality of their goods and services and to keep the prestige of their trademarks, with a view to protecting services and to keep the prestige of their trademarks, with a view to protecting the legitimate interests of consumers, manufacturers and sellers and to the legitimate interests of consumers, manufacturers and sellers and to promoting the development of the socialist market economy. promoting the development of the socialist market economy. Article 2 Article 2 Untouched The Trademark Office of the administrative department for industry and The Trademark Office of the administrative department for industry and commerce under the State Council shall be responsible for the registration and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country. administration of trademarks throughout the country. The Trademark Review and Adjudication Board, established under the The Trademark Review and Adjudication Board, established under the administrative department for industry and commerce under the State Council, administrative department for industry and commerce under the State Council, shall be responsible for handling trademark disputes. shall be responsible for handling trademark disputes. Article 3 Article 3 Untouched A registered trademark means a trademark, inclusive of a goods A registered trademark means a trademark, inclusive of a goods trademark, trademark, a service mark, a collective mark or a certification mark, that has a service mark, a collective mark or a certification mark, that has been approved been approved and registered by the Trademark Office. The trademark and registered by the Trademark Office. The trademark registrant shall enjoy an registrant shall enjoy an exclusive right to use the trademark, which shall be exclusive right to use the trademark, which shall be protected by law. protected by law.
For the purpose of this Law the expression “collective mark” shall mean For the purpose of this Law the expression “collective mark” shall mean any mark registered in the name of an entity, association or other organization any mark registered in the name of an entity, association or other organization for being used by the members of this organization in their commercial for being used by the members of this organization in their commercial activities to indicate the users’ qualifications in this organization. activities to indicate the users’ qualifications in this organization.
For the purpose of this Law the expression “certification mark” shall mean For the purpose of this Law the expression “certification mark” shall mean any mark controlled by an organization in charge of the supervision over certain any mark controlled by an organization in charge of the supervision over goods or service and used by the entity or individual outside this organization in certain goods or service and used by the entity or individual outside this respect of its goods or service to certify the origin, raw material, manufacturing organization in respect of its goods or service to certify the origin, raw material, method, quality or other specific qualities of said goods or service. manufacturing method, quality or other specific qualities of said goods or Special rules for the registration and administration of collective marks and service.
certification marks shall be formulated by the administrative department for Special rules for the registration and administration of collective marks industry and commerce under the State Council. and certification marks shall be formulated by the administrative department for industry and commerce under the State Council.
Article 4
Article 4 Revised
Where any natural person, legal person or other organization intends to Where any natural person, legal person or other organization, in the acquire the exclusive right to use a trademark for the goods he or it produces, course of his or its production or business operations, intends to acquire the manufactures, processes, selects or markets, an application should be filed with exclusive right to use a trademark for his or its goods or services, an the Trademark Office for registration of the goods trademark. application should be filed with the Trademark Office for registration of the goods trademark. Where any natural person, legal person or other organization intends to acquire the exclusive right to use a service mark for the service he or it The provisions made in this Law concerning goods trademarks shall apply provides, an application should be filed with the Trademark Office for to service marks. registration of the service mark. The provisions made in this Law concerning goods trademarks shall apply to service marks. Article 5 Article 5 Untouched Two or more natural persons, legal persons or other organizations may Two or more natural persons, legal persons or other organizations may jointly file an application with the Trademark Office for registration of a jointly file an application with the Trademark Office for registration of a trademark and shall jointly enjoy the exclusive right to use this registered trademark and shall jointly enjoy the exclusive right to use this registered trademark. trademark. Article 6 Article 6 Revised As for any of such goods, as prescribed by the State, that must bear a As for any of such goods, as prescribed by the laws or administrative registered trademark, a trademark registration must be applied for. Where no regulations that must bear a registered trademark, a trademark registration must trademark registration has been granted, such goods shall not be sold on the be applied for. Where no trademark registration has been granted, such goods market. shall not be sold on the market. Article 4 of Implementing Regulation of Trademark Law（2002） For the purposes of Article 6 of the Trademark Law, goods that must bear registered trademarks as required by the State refer to goods that must bear registered trademarks as required by laws or administrative regulations. Article 7 Article 7 Revised Any user of a trademark shall be responsible for the quality of the goods in The application for registration and the use of a trademark shall be respect of which the trademark is used. The administrative departments for made in good faith. industry and commerce at different levels shall, through the administration of Any user of a trademark shall be responsible for the quality of the goods in trademarks, exercise supervision over the quality of the goods and shall stop respect of which the trademark is used. The administrative departments for any practice that deceives consumers. industry and commerce at different levels shall, through the administration of trademarks, exercise supervision over the quality of the goods and shall stop any practice that deceives consumers. Article 8 Article 8 Revised Any visual mark, consisting of words, devices, letters, numbers, three-Any visual mark, consisting of words, devices, letters, numbers, three-dimensional marks, combined colors, or the combination of said factors, that dimensional marks, combined colors, sounds, etc, or the combination of said can distinguish the goods of a natural person, legal person or other organization factors, that can distinguish the goods of a natural person, legal person or other from those goods of others, can be applied as a trademark for registration. organization from those goods of others, can be applied as a trademark for registration.