Article 9 Any trademark applied for registration shall be so distinctive as to be Article 9 Untouched Any trademark applied for registration shall be so distinctive as to be distinguishable and shall not be in conflict with other person’s prior-acquired distinguishable and shall not be in conflict with other person’s prior-acquired legitimate rights. legitimate rights. The trademark registrant shall have the right to mark the indication “Registered Trademark” or a sign of trademark registration. The trademark registrant shall have the right to mark the indication “Registered Trademark” or a sign of trademark registration. Article 10 Article 10 Revised The following signs shall not be used as a trademark: The following signs shall not be used as a trademark:
(1) those identical with or similar to the State name, national flag, (1) those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, military emblem, military national emblem, military flag or medals of the People’s Republic of China, and those identical with the name of the specific place where the central song, or medals etc, of the People’s Republic of China, and those identical with organizations of the State or the Party are located or the name, device of any the name or the symbol of the central organizations of the State or the symbolic building of the place; Party, as well as the name of the specific place where the central organizations of the State or the Party are located or the name, device of any symbolic (2) those identical with or similar to the State name, national flag, building of the place; national emblem or military flag of any foreign countries, except those approved by the government of the country concerned; (2) those identical with or similar to the State name, national flag, national emblem or military flag, etc, of any foreign countries, except those approved by (3) those identical with or similar to the name, flag or emblem of any the government of the country concerned; international intergovernmental organization, except those approved by the international intergovernmental organization concerned or unlikely to mislead (3) those identical with or similar to the name, flag or emblem etc, of any the public; international intergovernmental organization, except those approved by the international intergovernmental organization concerned or unlikely to mislead (4) those identical with or similar to the official sign or inspection mark the public; indicating control and guarantee, except those with official authorization;
(4) those identical with or similar to the official sign or inspection mark (5) those identical with or similar to the symbols, or names, of the Red indicating control and guarantee, except those with official authorization; Cross or the Red Crescent;
(5) those identical with or similar to the symbols, or names, of the Red (6) those having the nature of discrimination against any nationality; Cross or the Red Crescent;
(7) those having the nature of exaggeration and fraud in advertising (6) those having the nature of discrimination against any nationality; goods; and
(7) those deceptive, which are likely to mislead the public to
(8) those detrimental to socialist morals or customs, or having other misidentify the quality or other characteristics or place of origin of the unhealthy influences. goods; and
The geographical names as the administrative divisions at or above the (8) those detrimental to socialist morals or customs, or having other county level and the foreign geographical names well-known to the public shall unhealthy influences. not be used as trademarks, but those geographical names having otherwise meanings or serving as component part of a collective mark or certification The geographical names as the administrative divisions at or above the mark shall be exclusive. Where a trademark using any of the above-mentioned county level and the foreign geographical names well-known to the public shall geographical names has been approved and registered, it shall continue to be not be used as trademarks, but those geographical names having otherwise valid. meanings or serving as component part of a collective mark or certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
Article 11 Any of the following marks shall not be registered as a trademark: Article 11 Revised Any of the following marks shall not be registered as a trademark: (1) those only having the generic names, designs or models of the goods (1) those only having the generic names, designs or models of the goods in respect of which the trademark is used; in respect of which the trademark is used; (2) those only having direct reference to the quality, main raw materials, (2) those only having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of function, use, weight, quantity or other features of the goods in respect of which which the trademark is used; the trademark is used; (3) those lacking in distinctive features. (3) others lacking in distinctive features. Any of those marks mentioned in the preceding paragraphs can be Any of those marks mentioned in the preceding paragraphs can be registered as a trademark only after it has acquired distinctive features in registered as a trademark only after it has acquired distinctive features in practical use and become distinguishable. practical use and become distinguishable. Article 12 Article 12 Untouched Those devices in the shape originating from the nature of the goods, Those devices in the shape originating from the nature of the goods, existing for achieving technical effect of the goods or enabling the goods to existing for achieving technical effect of the goods or enabling the goods to keep substantive value shall not be registered as three-dimensional trademarks. keep substantive value shall not be registered as three-dimensional trademarks. Article 13 Article 13 Revised Where a trademark applied for registration in respect of identical or Where the owner of a trademark that is known by the relevant public similar goods is a duplication, imitation or translation of other person’s well-believes that his right is being infringed, he may request the protection of the well-known trademark in accordance with the provisions of this law. known trademark which has not been registered in China and the applied trademark is likely to cause confusion, it shall not be allowed for registration Where a trademark applied for registration in respect of identical or similar and shall be forbidden from practical use. goods is a duplication, imitation or translation of other person’s well-known Where a trademark applied for registration in respect of different goods is trademark which has not been registered in China and the applied trademark is likely to cause confusion, it shall not be allowed for registration and shall be a duplication, imitation or translation of other person’s well-known trademark forbidden from practical use. which has been registered in China and the applied trademark is likely to mislead the public and bring harms to the interests of the registrant of the well-Where a trademark applied for registration in respect of different goods is a known trademark, it shall not be allowed for registration and shall be forbidden duplication, imitation or translation of other person’s well-known trademark from practical use. which has been registered in China and the applied trademark is likely to mislead the public and bring harms to the interests of the registrant of the well-known trademark, it shall not be allowed for registration and shall be forbidden from practical use. Article 14 Article 14 Revised The following factors shall be taken into account in the identification of a A well-known trademark shall be recognized at the request of the
party concerned in a trademark-related case where the recognition well-known trademark: (1) Extent of the relevant public’s awareness of the decision is a necessary fact of the case. The following factors shall be taken target trademark; (2) Duration of the use of the target trademark; (3) into account in the identification of a well-known trademark:
Duration, extent and geographical scope of any publicizing work for the target trademark; (1) Extent of the relevant public’s awareness of the target trademark; (4) Protection records of the target trademark as a well-known trademark; and
(5) Other factors concerning the popularity of the target trademark.
(2) Duration of the use of the target trademark;
(3) Duration, extent and geographical scope of any publicizing work for the target trademark;
(4) Protection records of the target trademark as a well-known trademark; and
(5) Other factors concerning the popularity of the target trademark. The Trademark Office, upon the request of the party concerned as per the prescription of Article 13 of this Law, may recognize the well-known trademark status in the following situation when it deems such recognition is a necessary fact to the case during the trademark registration examination procedure; or when the administrative department for industry and commerce is investigating and applying a penalty to the trademark-related offence.
The Trademark Review and Adjudication Board, when handling the trademark disputes, upon the request of the party concerned as per the prescription of Article 13 of this Law, may recognize the well-known trademark status when it deems such recognition is a necessary fact to the case.
The people’s courts designated by the Supreme People’s Court, upon the request of the party concerned as per the prescription of Article 13 of this Law, may recognize the well-known trademark status during a trademark civil or administrative litigation when it deems such recognition is a necessary fact to the case.
The manufacturer or operator is not allowed to use the “Well-known Trademark” expression on the commodities, the commodity packages, the containers, or in advertisement, exhibition or other commercial activities.