Trademark Law of the People’s Republic of China (2026 Revision)

This Law is enacted to protect the exclusive right to use registered trademarks, strengthen trademark administration, regulate the registration and use of trademarks, encourage producers and business operators to guarantee the quality of their goods and services and maintain the reputation of their trademarks, protect the interests of consumers, producers, and business operators, and promote the sound development of the socialist market economy.

For the purposes of this Law, a trademark means a sign used to identify and distinguish the source of goods or services, including goods trademarks and service trademarks. The provisions of this Law concerning goods trademarks apply to service trademarks.

For the purposes of this Law, use of a trademark means using the trademark on goods, packaging or containers of goods, or trading documents for goods, or in advertising, exhibitions, or other commercial activities, to identify and distinguish the source of the goods.

Use of a trademark under the preceding paragraph includes use carried out through the internet and other information networks.

Trademark work shall implement the intellectual property strategy of the Party and the State and raise the level of trademark protection, utilization, administration, and services.

The trademark administration department under the State Council is responsible for trademark registration and administration throughout the country. The departments in charge of trademark work under local people’s governments at or above the county level are responsible for trademark administration within their administrative regions.

The departments with trademark enforcement functions under people’s governments at or above the county level are responsible for trademark enforcement within their duties and powers.

The departments responsible for trademark registration and administration and the departments responsible for trademark enforcement shall establish working mechanisms to strengthen information sharing and coordination.

A trademark registered with the approval of the trademark administration department under the State Council is a registered trademark. The registrant has the right to indicate the words “registered trademark” or the registration symbol and enjoys the exclusive right to use the registered trademark, which is protected by law.

A natural person, legal person, or unincorporated organization that needs to obtain the exclusive right to use a registered trademark for its goods or services in production and business activities shall apply to the trademark administration department under the State Council for trademark registration.

For the purposes of this Law, a collective mark means a sign registered in the name of an industry association or other social group or organization for use by its members in commercial activities to indicate their membership in the organization.

For the purposes of this Law, a certification mark means a sign that is controlled by an organization capable of supervising certain goods or services and used by entities or individuals outside that organization on their goods or services to certify the place of origin, raw materials, method of manufacture, quality, or other specific characteristics of those goods or services.

Special matters concerning the registration and administration of collective marks and certification marks are prescribed by the trademark administration department under the State Council.

Two or more natural persons, legal persons, or unincorporated organizations may jointly apply to the trademark administration department under the State Council to register the same trademark, and jointly enjoy and exercise the exclusive right to use the registered trademark.

For goods that laws or administrative regulations require to bear a registered trademark, an application for trademark registration shall be filed; such goods shall not be sold on the market before registration is approved.

The principle of good faith shall be followed in applying for the registration of and using trademarks, and rights shall not be abused to harm the interests of the State, the public interest, or the lawful rights and interests of others.

A trademark user shall be responsible for the quality of the goods on which it uses the trademark. The departments responsible for trademark administration and trademark enforcement at all levels shall strengthen trademark administration and enforcement in accordance with the law and stop acts that deceive consumers.

A party may apply for trademark registration or handle other trademark matters on its own, or may appoint a legally established trademark agency to do so.

A foreign person, foreign enterprise, or other foreign organization applying for trademark registration in China shall do so in accordance with any agreement concluded between its country and the People’s Republic of China or any international treaty to which both are parties, or on the principle of reciprocity.

A foreign person, foreign enterprise, or other foreign organization without a habitual residence or business establishment in China that applies for trademark registration or handles other trademark matters in China shall appoint a legally established trademark agency.

International registration of trademarks follows the systems established by the relevant international treaties that the People’s Republic of China has concluded or acceded to. Specific measures are prescribed by the State Council.

The trademark administration department under the State Council shall strengthen the development of an information-based and intelligent public service system for trademarks, make trademark business more convenient to handle, publish trademark information completely, accurately, and promptly, and improve trademark information services and administration.

Any sign that can distinguish the goods of a natural person, legal person, or unincorporated organization from those of others, including words, devices, letters, numerals, three-dimensional signs, color combinations, sounds, motion signs, and combinations of these elements, may be applied for registration as a trademark.

The following signs shall not be registered or used as trademarks:

(1) signs identical or similar to the name, flag, emblem, or medals of the Communist Party of China, or to signature elements associated with its major theoretical achievements or historical events;

(2) signs identical or similar to the name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, or medals of the People’s Republic of China, and signs identical to the names or emblems of central Party and state organs, the names of the specific places where they are located, or the names or images of their landmark buildings;

(3) signs identical or similar to the name, national flag, national emblem, or military flag of a foreign country, unless the government of that country consents;

(4) signs identical or similar to the name, flag, or emblem of an intergovernmental international organization, unless the organization consents or the sign is unlikely to mislead the public;

(5) signs identical or similar to an official sign or inspection stamp indicating control or guarantee, unless authorized;

(6) signs identical or similar to the name or emblem of the “Red Cross” or the “Red Crescent”;

(7) signs that discriminate against any ethnic group;

(8) signs that are deceptive and likely to mislead the public about the quality, craftsmanship, raw materials, or other characteristics or the place of origin of the goods;

(9) signs that are contrary to public order and good morals or have other adverse effects.

Names of administrative divisions at or above the county level, and foreign geographical names known to the public, shall not be registered or used as trademarks, unless the geographical name has another meaning or forms part of a collective mark or certification mark. Registered trademarks that use geographical names remain valid.

The registration and use of national park signs, Olympic symbols, special signs, and similar signs as trademarks are governed by this Law and the relevant laws and administrative regulations.

A trademark applied for registration shall be distinctive and easy to identify. The following signs shall not be registered as trademarks:

(1) signs consisting only of the generic name, device, or model of the goods;

(2) signs that only directly indicate the quality, main raw materials, function, use, weight, quantity, or other characteristics of the goods;

(3) other signs that lack distinctiveness.

A sign listed in the preceding paragraph may be registered as a trademark if it has acquired distinctiveness through use and is easy to identify.

Where a three-dimensional sign, color combination, sound, motion sign, or similar sign is applied for registration as a trademark, a shape, color combination, sound, motion effect, or similar feature that results only from the nature of the goods themselves, is necessary to obtain a technical effect, or gives the goods substantial value shall not be registered as a trademark.

A trademark applied for registration without the intention to use it, and clearly in excess of the needs of normal production and business, shall not be registered.

No one shall apply for trademark registration by deception or other unfair means.

A trademark applied for registration shall not be identical or similar to a trademark of another party that has been registered or applied for earlier for identical or similar goods.

A trademark applied for registration for identical or similar goods that reproduces, imitates, or translates another party’s well-known trademark not registered in China and is likely to cause confusion shall not be registered, and its use shall be prohibited.

A trademark applied for registration for non-identical or dissimilar goods that reproduces, imitates, or translates another party’s well-known trademark, misleads the public, and may damage the interests of the holder of the well-known trademark shall not be registered, and its use shall be prohibited.

Where an agent or representative, without authorization, registers in its own name the trademark of its principal or of the party it represents, and the principal or represented party files an opposition, the trademark shall not be registered, and its use shall be prohibited.

Where a trademark applied for registration for identical or similar goods is identical or similar to an unregistered trademark previously used by another party, and the applicant, having a contractual, business, or other relationship with that party other than those specified in the preceding paragraph, clearly knows that the other party’s trademark exists, the trademark shall not be registered if that party files an opposition.

Where a trademark contains a geographical indication of goods that do not originate in the region the indication refers to, and it misleads the public, the trademark shall not be registered, and its use shall be prohibited; however, a trademark registered in good faith remains valid.

For the purposes of the preceding paragraph, a geographical indication means a sign indicating that goods originate in a certain region, where a given quality, reputation, or other characteristic of the goods is mainly determined by the natural or human factors of that region.

An application for trademark registration shall not prejudice another party’s existing prior lawful rights and interests, nor shall an applicant knowingly pre-empt the registration of a trademark that another party has already used and that has a certain influence.

A trademark agency shall not apply to register any trademark other than those for its agency services.

An applicant for trademark registration shall file the application stating the classes and names of the goods on which the trademark is used, in accordance with the prescribed classification of goods.

An applicant may apply in a single application to register the same trademark for goods in multiple classes.

Applications for trademark registration and other related documents shall be submitted in written form. Data messages, such as those exchanged electronically, that can tangibly represent their content and can be retrieved for reference at any time are deemed to be in written form.

Where the exclusive right to use a registered trademark is to be obtained for goods outside its approved scope of use, a separate application for registration shall be filed.

Where the sign of a registered trademark is to be changed, a new application for registration shall be filed.

Where an applicant, within six months from the date on which it first filed an application for trademark registration in a foreign country, files an application in China to register the same trademark for the same goods, it may enjoy a right of priority in accordance with any agreement concluded between that foreign country and China, any international treaty to which both are parties, or the principle of mutual recognition of priority.

An applicant claiming priority under the preceding paragraph shall submit a written declaration when filing the application and, within three months, submit a copy of the application documents filed for the first time. If no written declaration is made or the copy is not submitted within the time limit, priority is deemed not to have been claimed.

Where a trademark is first used on goods shown at an international exhibition sponsored or recognized by the Chinese government, the applicant may enjoy a right of priority within six months from the date on which the goods were exhibited.

An applicant claiming priority under the preceding paragraph shall submit a written declaration when filing the application and, within three months, submit supporting documents such as the name of the exhibition, evidence of the trademark’s use on the exhibited goods, and the date of the exhibition. If no written declaration is made or the supporting documents are not submitted within the time limit, priority is deemed not to have been claimed.

The matters declared and the materials provided for an application for trademark registration shall be true, accurate, and complete.

The trademark administration department under the State Council shall complete the examination of a trademark applied for registration within nine months from the date on which it receives the application documents, and shall preliminarily approve and publish the trademark if it complies with the relevant provisions of this Law.

During examination, where the trademark administration department under the State Council considers that the content of an application needs to be explained or amended, it may require the applicant to explain or amend it. If the applicant does not do so, this does not prevent the department from making its examination decision.

Where a trademark applied for registration does not comply with the relevant provisions of this Law, the trademark administration department under the State Council shall reject the application and shall not publish it.

Where two or more applicants apply to register identical or similar trademarks for identical or similar goods, the trademark of the earlier application shall be preliminarily approved and published; where the applications are filed on the same day, the trademark used first shall be preliminarily approved and published, and the other applications shall be rejected and not published.

Within two months from the date of publication of a preliminarily approved trademark, a prior right holder or an interested party who considers that the trademark violates Articles 20 to 22, Article 23, paragraph 1, or Article 24 of this Law, or any person who considers that it violates Article 15, Article 16, paragraph 1, Articles 17 to 19, or Article 25 of this Law, may file an opposition with the trademark administration department under the State Council. If no opposition is filed when the publication period expires, the registration shall be approved, a trademark registration certificate shall be issued, and the registration shall be published.

Where a trademark application is rejected and not published, the trademark administration department under the State Council shall notify the applicant in writing. An applicant who disagrees may apply to the department for review within fifteen days of receiving the notice. The department shall make a decision within nine months of receiving the application and notify the applicant in writing; in special circumstances, this period may be extended by three months with the approval of the head of the department. A party who disagrees with the review decision may bring a lawsuit in a people’s court within thirty days of receiving the notice.

Where an opposition is filed against a preliminarily approved and published trademark, the trademark administration department under the State Council shall hear the facts and reasons stated by the opponent and the opposed party and, after investigation and verification, decide within twelve months from the expiry of the publication period whether to approve the registration, and notify the opponent and the opposed party in writing. In special circumstances, this period may be extended by six months with the approval of the head of the department.

Where the trademark administration department under the State Council decides to approve the registration, it shall issue a trademark registration certificate and publish the registration. An opponent who disagrees may request the department to declare the registered trademark invalid under Articles 50 and 51 of this Law.

Where the trademark administration department under the State Council decides not to approve the registration and the opposed party disagrees, the opposed party may apply for review within fifteen days of receiving the notice. The department shall make a review decision within twelve months of receiving the application and notify the opponent and the opposed party in writing; in special circumstances, this period may be extended by six months with the approval of the head of the department. An opposed party who disagrees with the review decision may bring a lawsuit in a people’s court within thirty days of receiving the notice. The people’s court shall notify the opponent to take part in the proceedings as a third party.

Where, after the statutory time limit expires, a party has not applied for review of a decision of the trademark administration department under the State Council to reject an application or not to approve a registration, or has not brought a lawsuit in a people’s court against a review decision, the decision to reject the application, the decision not to approve the registration, or the review decision takes effect.

Where a trademark is approved for registration after examination finds the opposition unfounded, the applicant obtains the exclusive right to use the registered trademark from the date on which the two-month period following its preliminary approval and publication expires. Between the expiry of the publication period and the decision to approve the registration, the registration has no retroactive effect on another party’s use of a sign identical or similar to the trademark on identical or similar goods; however, losses caused to the registrant by that user’s bad faith shall be compensated.

The trademark administration department under the State Council shall examine applications for trademark registration and applications for trademark review promptly.

An applicant may apply to withdraw a matter referred to in the preceding paragraph.

Where, in examining an opposition or handling a review of a rejection, a review of a decision not to register, or an invalidation case, the determination of the prior rights and interests involved must be based on the outcome of another case being tried by a people’s court or handled by an administrative authority, the trademark administration department under the State Council may suspend the examination or hearing. Once the cause of the suspension is removed, the examination or hearing shall resume promptly.

An applicant or registrant who finds an obvious error in its trademark application documents or registration documents may apply for correction. The trademark administration department under the State Council shall make the correction within the scope of its authority in accordance with the law and notify the party concerned.

The correction of errors referred to in the preceding paragraph does not involve the substantive content of the application documents or registration documents.

A registered trademark is valid for ten years from the date on which its registration is approved.

Where a registrant intends to continue using a registered trademark after its term expires, it shall complete the renewal formalities as prescribed within the twelve months before the term expires; if it cannot do so within that period, a grace period of six months may be granted. Each renewal is valid for ten years from the day after the previous term expires. If the renewal formalities have not been completed when the grace period expires, the registered trademark shall be deregistered.

The trademark administration department under the State Council shall publish renewed registrations.

Where the registrant’s name or address or other registered particulars of a registered trademark need to be changed, an application for alteration shall be filed.

To assign a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the trademark administration department under the State Council. The assignee shall guarantee the quality of the goods on which the registered trademark is used.

When assigning a registered trademark, the registrant shall also assign any similar trademarks it has registered for the same goods and any identical or similar trademarks it has registered for similar goods.

The trademark administration department under the State Council shall not approve an assignment that is likely to cause confusion or has other adverse effects, and shall notify the applicant in writing with the reasons.

An approved assignment of a registered trademark shall be published. The assignee enjoys the exclusive right to use the registered trademark from the date of publication.

Where a collective mark or certification mark is assigned, the assignee shall have the corresponding entity qualifications and supervisory capacity.

Where a registrant applies to deregister its registered trademark, or to deregister the registration of its trademark for some of the designated goods, and the trademark administration department under the State Council approves the deregistration, the deregistration shall be published; the exclusive right to use the registered trademark, or its effect for those designated goods, terminates from the date of publication.

Where a registrant applies to deregister its registered trademark, the trademark administration department under the State Council shall not, within one year from the date on which the deregistration is published, approve any application by another party to register a trademark identical or similar to it for identical or similar goods.

Where a registered trademark violates Article 15, Article 16, paragraph 1, Articles 17 to 19, or Article 25 of this Law, the trademark administration department under the State Council shall declare the registered trademark invalid; other entities or individuals may request the department to declare it invalid.

A decision of the trademark administration department under the State Council declaring a registered trademark invalid shall be notified to the parties in writing. A party who disagrees may apply for review within fifteen days of receiving the notice. The department shall make a decision within nine months of receiving the application and notify the parties in writing; in special circumstances, this period may be extended by three months with the approval of the head of the department. A party who disagrees with the review decision may bring a lawsuit in a people’s court within thirty days of receiving the notice.

Where another entity or individual requests the trademark administration department under the State Council to declare a registered trademark invalid, the department shall, after receiving the request, notify the parties concerned in writing and set a time limit for their response. The department shall, within nine months of receiving the request, make a ruling to maintain the registered trademark or declare it invalid and notify the parties in writing; in special circumstances, this period may be extended by three months with the approval of the head of the department. A party who disagrees with the department’s ruling may bring a lawsuit in a people’s court within thirty days of receiving the notice. The people’s court shall notify the opposing party in the ruling proceedings to take part in the lawsuit as a third party.

Where a registered trademark violates Articles 20 to 22, Article 23, paragraph 1, or Article 24 of this Law, a prior right holder or an interested party may, within five years from the date of registration, request the trademark administration department under the State Council to declare the registered trademark invalid. For a registration made in bad faith, the holder of a well-known trademark is not subject to the five-year time limit.

After receiving a request to declare a registered trademark invalid, the trademark administration department under the State Council shall notify the parties concerned in writing and set a time limit for their response. The department shall, within twelve months of receiving the request, make a ruling to maintain the registered trademark or declare it invalid and notify the parties in writing; in special circumstances, this period may be extended by six months with the approval of the head of the department. A party who disagrees with the department’s ruling may bring a lawsuit in a people’s court within thirty days of receiving the notice. The people’s court shall notify the opposing party in the ruling proceedings to take part in the lawsuit as a third party.

Where, after the statutory time limit expires, a party has not applied for review of a decision of the trademark administration department under the State Council declaring a registered trademark invalid, or has not brought a lawsuit in a people’s court against a review decision or a ruling to maintain or invalidate a registered trademark, the decision or ruling of the department takes effect.

A registered trademark declared invalid under Article 50 or Article 51 of this Law shall be published by the trademark administration department under the State Council, and the exclusive right to use the registered trademark is deemed never to have existed.

A decision or ruling declaring a registered trademark invalid has no retroactive effect on judgments, rulings, or mediation statements in trademark infringement cases made and enforced by a people’s court, on decisions in trademark infringement cases made and enforced by the department responsible for trademark enforcement, or on trademark assignment or license contracts already performed before the declaration of invalidity. However, losses caused to others by the registrant’s bad faith shall be compensated.

Where not returning trademark infringement damages, trademark assignment fees, or trademark license fees under the preceding paragraph would clearly violate the principle of fairness, they shall be returned in whole or in part.

Where an applicant for trademark registration commits any of the following bad-faith acts in applying for trademark registration and causes adverse effects, the department responsible for trademark enforcement shall give a warning and may also impose a fine of up to 100,000 yuan:

(1) applying to register a sign as a trademark while knowing that it violates Article 15 or Article 16, paragraph 1 of this Law;

(2) applying for trademark registration in violation of Article 19 of this Law;

(3) intentionally applying for trademark registration in violation of Article 21, Article 22, or Article 24 of this Law.

A registrant may use its registered trademark itself or, by signing a trademark license contract, license another party to use it. The licensor shall supervise the quality of the goods on which the licensee uses the registered trademark, and the licensee shall guarantee the quality of those goods. If the licensee fails to fulfill its obligation to guarantee quality, the licensor has the right to terminate the trademark license contract.

A party licensed to use another party’s registered trademark must indicate the licensee’s name and the place of origin of the goods on the goods bearing the registered trademark.

A licensor shall file the license of its registered trademark with the trademark administration department under the State Council for recordal, and the department shall publish it. An unrecorded trademark license cannot be asserted against a bona fide third party.

Where a registered trademark is used in a manner that misleads the public, the department responsible for trademark enforcement shall order correction within a time limit. Where the illegal business turnover is 50,000 yuan or more, a fine of up to five times the illegal business turnover may be imposed; where there is no illegal business turnover or it is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed. If correction is not made by the deadline, the trademark administration department under the State Council shall cancel the registered trademark.

Where a registrant, in using a registered trademark, alters on its own the registered trademark, its name or address, or other registered particulars, the department responsible for trademark enforcement shall order it to correct this within a time limit; if correction is not made by the deadline, a fine of up to 50,000 yuan shall be imposed; where the circumstances are serious, the trademark administration department under the State Council shall cancel the registered trademark.

Where a registered trademark has become the generic name of the goods for which its registration was approved, or has not been used for three consecutive years without justifiable reasons, any entity or individual may apply to the trademark administration department under the State Council to cancel the registered trademark. The department shall make a decision within nine months of receiving the application; in special circumstances, this period may be extended by three months with the approval of the head of the department.

Where a registered trademark falls under a circumstance specified in the preceding paragraph, the trademark administration department under the State Council may cancel the registered trademark. Specific measures are prescribed by the department.

A party who disagrees with a decision of the trademark administration department under the State Council to cancel or not to cancel a registered trademark may apply to the department for review within fifteen days of receiving the notice. The department shall make a decision within nine months of receiving the application and notify the parties in writing; in special circumstances, this period may be extended by three months with the approval of the head of the department. A party who disagrees with the review decision may bring a lawsuit in a people’s court within thirty days of receiving the notice.

Where, after the statutory time limit expires, a party has not applied for review of a decision of the trademark administration department under the State Council to cancel a registered trademark, or has not brought a lawsuit in a people’s court against a review decision, the decision to cancel the registered trademark or the review decision takes effect.

A cancelled registered trademark shall be published by the trademark administration department under the State Council, and the exclusive right to use the registered trademark terminates from the date of publication.

Where the registrant of a collective mark or certification mark commits any of the following acts, the department responsible for trademark enforcement shall order correction within a time limit; if correction is not made by the deadline, a fine of up to 10,000 yuan shall be imposed; where the circumstances are serious, a fine of 10,000 yuan to 100,000 yuan shall be imposed:

(1) neglecting to perform its trademark management duties, causing harm to consumers;

(2) as the registrant of a collective mark, refusing without justifiable reasons to allow members of its organization to use the collective mark, or, as the registrant of a certification mark, refusing without justifiable reasons to license eligible applicants to use the certification mark;

(3) exercising the exclusive right to use the registered trademark in violation of this Law, relevant administrative regulations, or relevant State provisions, causing adverse effects.

Where Article 8 of this Law is violated, the department responsible for trademark enforcement shall order the party to apply for registration within a time limit. Where the illegal business turnover is 50,000 yuan or more, a fine of up to 20 percent of the illegal business turnover may be imposed; where there is no illegal business turnover or it is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.

Where an unregistered trademark is passed off as a registered trademark, or an unregistered trademark is used in violation of Article 15 or Article 16, paragraph 1 of this Law, the department responsible for trademark enforcement shall order correction within a time limit. Where the illegal business turnover is 50,000 yuan or more, a fine of up to 20 percent of the illegal business turnover may be imposed; where there is no illegal business turnover or it is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.

Where the holder of a trademark that is well known to the relevant public considers that its rights are being infringed, it may request protection of the trademark as a well-known trademark in accordance with this Law.

Where a party asserts rights in accordance with the law during the examination or hearing of a trademark registration, the investigation and handling of a trademark violation, or the investigation and handling of an unfair competition case, the trademark administration department under the State Council may confirm whether the trademark is well known as needed for handling the case.

Where a party asserts rights in accordance with the law during the trial of a civil trademark case, an administrative trademark case, or an unfair competition case, a people’s court designated by the Supreme People’s Court may confirm whether the trademark is well known as needed for the trial.

Whether a trademark is well known shall be confirmed, at the request of a party, as a fact that needs to be determined in handling a case involving trademarks. The following factors shall be considered as a whole in confirming whether a trademark is well known:

(1) the degree to which the relevant public knows the trademark;

(2) the duration, manner, and geographical scope of use of the trademark;

(3) the duration, extent, and geographical scope of any publicity for the trademark;

(4) records of protection of the trademark, in particular records of its protection as a well-known trademark;

(5) other factors that make the trademark well known.

Producers and business operators shall not use the words “well-known trademark” on goods, packaging, or containers of goods, or in advertising, exhibitions, or other commercial activities.

Where the preceding paragraph is violated, the department responsible for trademark enforcement shall order correction and impose a fine of up to 100,000 yuan.

Trademark agencies and trademark agency practitioners shall follow the principle of good faith, comply with laws and administrative regulations, abide by professional ethics and practice discipline, perform their duties diligently, and protect the lawful rights and interests of their principals; they shall not commit, or help their principals commit, acts that harm the interests of the State, the public interest, or the lawful rights and interests of others.

A trademark agency shall handle trademark registration applications or other trademark matters as entrusted by its principal and keep confidential the principal’s trade secrets that it learns in the course of the agency work. Where a trademark that the principal applies to register may fall under a circumstance in which registration is not permitted under this Law, the trademark agency shall clearly inform the principal.

A trademark agency practitioner shall handle trademark agency business as assigned by the trademark agency and shall not accept commissions on their own. A trademark agency practitioner shall not engage in trademark agency business at two or more trademark agencies at the same time. A trademark agency practitioner is responsible for the trademark agency business they sign and handle.

A trademark agency shall file information about itself and its trademark agency practitioners with the trademark administration department under the State Council for recordal. The departments responsible for trademark administration and trademark enforcement at all levels shall strengthen the administration of trademark agencies and trademark agency practitioners.

Trademark agency industry associations are self-regulatory organizations of the trademark agency industry.

A trademark agency industry association shall strictly apply the membership conditions set out in its articles of association, strengthen industry self-regulation, formulate rules of self-regulation and disciplinary rules, provide professional training and education in professional ethics and practice discipline, guide members to conduct trademark agency business in accordance with laws and rules, continuously improve the industry’s service level, and discipline members that violate the rules of industry self-regulation. It shall promptly make public the members it admits and the disciplinary actions it takes.

Where a trademark agency commits any of the following acts, the department responsible for trademark enforcement shall order correction within a time limit and impose a fine of 10,000 yuan to 100,000 yuan, or 100,000 yuan to 200,000 yuan where the circumstances are serious; the directly responsible person in charge and other directly responsible persons shall be given a warning and a fine of 5,000 yuan to 50,000 yuan, or 50,000 yuan to 100,000 yuan where the circumstances are serious:

(1) in handling trademark matters, forging or altering legal documents, seals, or signatures, or using forged or altered legal documents, seals, or signatures;

(2) soliciting trademark agency business by fraud, inducement, or disparaging other trademark agencies;

(3) accepting commissions from both parties with conflicting interests in the same trademark case;

(4) accepting a commission while knowing or having reason to know that the trademark the principal applies to register falls under Article 15, Article 16, paragraph 1, Article 19, Article 21, Article 22, or Article 24 of this Law;

(5) violating Article 25 of this Law or falling under a circumstance specified in Article 54 of this Law;

(6) disrupting the order of the trademark agency market by other unfair means.

Where a trademark agency commits an act specified in the preceding paragraph and the circumstances are serious, the trademark administration department under the State Council may decide to stop accepting trademark agency business from it and publish the decision.

Where a trademark agency fails to complete recordal in accordance with the law, the department responsible for trademark enforcement shall order correction within a time limit; if correction is not made by the deadline, a fine of 10,000 yuan to 50,000 yuan shall be imposed.

A trademark agency that violates the principle of good faith, fails to perform its duties diligently, and infringes the lawful interests of its principal shall bear civil liability in accordance with the law and shall be disciplined by the trademark agency industry association in accordance with its articles of association.

Where a trademark agency practitioner commits any of the following acts, the department responsible for trademark enforcement shall order correction within a time limit, give a warning, and impose a fine of 5,000 yuan to 50,000 yuan; where the circumstances are serious, a fine of 50,000 yuan to 100,000 yuan shall be imposed:

(1) accepting commissions on their own to handle trademark agency business;

(2) engaging in trademark agency business at two or more trademark agencies at the same time;

(3) other acts that seriously disrupt the order of the trademark agency market.

Where, in the examination or hearing of a trademark registration or the handling of a trademark case outside China, it is necessary to prove that a trademark is well known to the relevant public in China, the trademark administration department under the State Council may, at the request of a party, confirm whether the trademark is well known in accordance with Article 63 of this Law.

Where anyone handles applications for trademark registration or other trademark matters outside China for a principal in China by fraud or other unfair means, harming the interests of the principal, the interests of the State, the public interest, or the lawful rights and interests of others, the matter shall be handled and penalized in accordance with Article 67 of this Law.

Any entity or individual has the right to complain to or report to the departments responsible for trademark administration and trademark enforcement about illegal acts such as using a registered trademark in a manner that misleads the public or infringing the exclusive right to use a registered trademark.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods for which its use is approved.

Any of the following acts infringes the exclusive right to use a registered trademark:

(1) using a trademark identical to a registered trademark on the same goods without the registrant’s permission;

(2) using a trademark similar to a registered trademark on the same goods, or using a trademark identical or similar to a registered trademark on similar goods, without the registrant’s permission, where this is likely to cause confusion;

(3) selling goods that infringe the exclusive right to use a registered trademark;

(4) counterfeiting, or making without authorization, representations of another party’s registered trademark, or selling such counterfeit or unauthorized representations;

(5) replacing a registrant’s registered trademark without the registrant’s consent and putting the goods bearing the replacement trademark back on the market;

(6) intentionally facilitating acts that infringe another party’s exclusive right to use a registered trademark, or helping others commit such acts;

(7) causing other harm to another party’s exclusive right to use a registered trademark.

Where a registered trademark contains the generic name, device, or model of the goods, or directly indicates the kind, nature, quality, main raw materials, function, use, weight, quantity, value, geographical origin, or other characteristics of the goods, or contains a geographical name, the holder of the exclusive right to use the registered trademark has no right to prohibit others from using these elements properly.

Where a registered trademark consisting of a three-dimensional sign, color combination, sound, motion sign, or similar sign contains a shape, color combination, sound, motion effect, or similar feature that results from the nature of the goods themselves, is necessary to obtain a technical effect, or gives the goods substantial value, the holder of the exclusive right to use the registered trademark has no right to prohibit others from using it properly.

Where a registered trademark is used only to indicate the use, intended users, application scenarios, or similar information about the goods provided, or to indicate their true source, the holder of the exclusive right to use the registered trademark has no right to prohibit such proper use, unless it is likely to cause confusion.

Where, before the registrant applied for registration, another party had already used, on the same or similar goods and earlier than the registrant, a trademark identical or similar to the registered trademark that has a certain influence, the holder of the exclusive right to use the registered trademark has no right to prohibit that user from continuing to use the trademark within its original scope of use, but may require it to add an appropriate distinguishing mark.

Where a dispute arises from any of the acts infringing the exclusive right to use a registered trademark listed in Article 72 of this Law, the parties shall resolve it through consultation. If they are unwilling to consult or consultation fails, the registrant or an interested party may bring a lawsuit in a people’s court or request the department responsible for trademark enforcement to handle the matter.

Where the department responsible for trademark enforcement, in handling the matter, finds that infringement has occurred, it shall order the infringement to stop immediately and confiscate the infringing goods and the tools mainly used to make the infringing goods or counterfeit representations of the registered trademark. Where the illegal business turnover is 50,000 yuan or more, a fine of up to five times the illegal business turnover may also be imposed; where there is no illegal business turnover or it is less than 50,000 yuan, a fine of up to 250,000 yuan may also be imposed. A heavier penalty shall be imposed on a party that commits trademark infringement two or more times within five years or where other serious circumstances exist. Where a party sells goods without knowing that they infringe the exclusive right to use a registered trademark, and can prove that it obtained the goods lawfully and identify the supplier, the department responsible for trademark enforcement shall order it to stop selling them.

For a dispute over the amount of compensation for infringement of the exclusive right to use a registered trademark, the parties may request mediation by the department responsible for trademark enforcement, or may bring a lawsuit in a people’s court under the Civil Procedure Law of the People’s Republic of China. Where the parties do not reach an agreement through mediation by the department responsible for trademark enforcement, or a party fails to perform the mediation statement after it takes effect, the parties may bring a lawsuit in a people’s court under the Civil Procedure Law of the People’s Republic of China.

The department responsible for trademark enforcement has the authority to investigate and handle acts infringing the exclusive right to use a registered trademark in accordance with the law.

Where an infringement of the exclusive right to use a registered trademark is suspected of constituting a crime, the department responsible for trademark enforcement shall promptly transfer the case to the public security organ to be handled in accordance with the law. Where criminal liability need not be pursued or criminal punishment is exempted in accordance with the law but an administrative penalty should be imposed, the public security organ, the people’s procuratorate, or the people’s court shall promptly transfer the case to the department responsible for trademark enforcement to be handled in accordance with the law. Where the public security organ, the people’s procuratorate, or the people’s court asks the department responsible for trademark enforcement or the department responsible for trademark registration and administration for assistance such as professional support, opinions on determinations, or the harmless disposal of infringing articles, the relevant department shall promptly provide that assistance.

When investigating and handling a suspected infringement of another party’s exclusive right to use a registered trademark on the basis of evidence of suspected violations already obtained or a complaint or report, the department responsible for trademark enforcement may exercise the following powers:

(1) questioning the parties concerned and investigating circumstances related to the infringement of another party’s exclusive right to use a registered trademark;

(2) inspecting and copying contracts, invoices, account books, receipts, documents, records, business correspondence, audiovisual materials, electronic data, and other relevant materials of the parties related to the infringing activities;

(3) conducting on-site inspections of premises where a party is suspected of carrying out activities infringing another party’s exclusive right to use a registered trademark;

(4) inspecting articles related to the infringing activities, and sealing up or seizing articles proven by evidence to infringe another party’s exclusive right to use a registered trademark;

(5) registering and preserving evidence in advance where it may be lost or difficult to obtain later.

When the department responsible for trademark enforcement exercises the powers specified in the preceding paragraph in accordance with the law, the parties shall assist and cooperate and shall not refuse or obstruct it.

In the course of investigating and handling a trademark infringement case, where ownership of the trademark is disputed or the right holder has at the same time brought a trademark infringement lawsuit in a people’s court, the department responsible for trademark enforcement may suspend the investigation and handling of the case. Once the cause of the suspension is removed, it shall resume or conclude the investigation and handling of the case.

The amount of compensation for infringement of the exclusive right to use a registered trademark is determined by the actual losses the right holder suffered from the infringement or the benefits the infringer obtained from the infringement; where the right holder’s losses or the infringer’s benefits are difficult to determine, it shall be reasonably determined by reference to a multiple of the trademark license fee. For intentional infringement of the exclusive right to use a registered trademark where the circumstances are serious, the amount of compensation may be set at one to five times the amount determined by the above methods.

To determine the amount of compensation, where the right holder has done its best to provide evidence and the account books and materials related to the infringement are mainly in the infringer’s possession, the people’s court may order the infringer to provide those account books and materials. If the infringer does not provide them or provides false account books or materials, the people’s court may determine the amount of compensation with reference to the right holder’s claims and the evidence it has provided.

Where the actual losses the right holder suffered from the infringement, the benefits the infringer obtained from the infringement, and the license fee for the registered trademark are difficult to determine, the people’s court shall award compensation of up to 5 million yuan according to the circumstances of the infringement.

The amount of compensation shall also include the reasonable expenses the right holder paid to stop the infringement.

When trying a trademark dispute, the people’s court shall, at the right holder’s request, order the destruction of goods bearing counterfeit registered trademarks, except in special circumstances; order the destruction, without compensation, of the materials and tools mainly used to make such goods; or, in special circumstances, order that such materials and tools be kept out of commercial channels, without compensation.

Goods bearing counterfeit registered trademarks shall not enter commercial channels merely by having the counterfeit registered trademark removed.

Where the holder of the exclusive right to use a registered trademark claims compensation and the alleged infringer defends on the ground that the holder has not used the registered trademark, the people’s court may require the holder to provide evidence of its actual use of the registered trademark within the three years before the infringement occurred. If the holder can neither prove actual use of the registered trademark within those three years nor prove other losses suffered from the infringement, the alleged infringer is not liable for compensation.

A party that sells goods without knowing that they infringe the exclusive right to use a registered trademark, and can prove that it obtained the goods lawfully and identify the supplier, is not liable for compensation.

Where a registrant or an interested party has evidence that another party is infringing or is about to infringe its exclusive right to use a registered trademark, and failure to stop the act promptly would cause irreparable harm to its lawful rights and interests, it may, in accordance with the law, apply to a people’s court before bringing a lawsuit for measures ordering the act to stop and for property preservation.

To stop an infringement, where evidence may be lost or difficult to obtain later, a registrant or an interested party may, in accordance with the law, apply to a people’s court for preservation of evidence before bringing a lawsuit.

Where a trademark lawsuit is brought through malicious collusion, unilateral fabrication of basic facts, or similar means, the people’s court shall impose penalties in accordance with the law; where this causes losses to the other party, civil liability shall be borne in accordance with the law.

Public officials engaged in trademark registration, administration, enforcement, and related work must enforce the law impartially, be honest and self-disciplined, be faithful to their duties, and provide courteous service.

The departments responsible for trademark registration and administration, the departments responsible for trademark enforcement, and public officials engaged in trademark registration, administration, enforcement, and related work shall not engage in trademark agency business or in the production or sale of goods.

The departments responsible for trademark registration and administration and the departments responsible for trademark enforcement shall establish and improve internal supervision systems to supervise and inspect how public officials responsible for trademark registration, administration, enforcement, and related work enforce laws and administrative regulations and observe discipline.

Public officials engaged in trademark registration, administration, enforcement, and related work shall be given sanctions in accordance with the law if, in violation of this Law, they engage in trademark agency business or the production or sale of goods, or if they abuse their powers, neglect their duties, or engage in malpractice for personal gain in any of the following circumstances:

(1) approving the registration of a trademark that does not meet the conditions for registration, causing adverse effects;

(2) failing to make a decision, such as an order to correct or an administrative penalty, that should be made in accordance with the law;

(3) failing to perform trademark administration or enforcement duties in accordance with the law after discovering illegal acts or receiving complaints or reports;

(4) other acts for which sanctions should be given in accordance with the law.

Where a violation of this Law constitutes a crime, criminal liability shall be pursued in accordance with the law.

Fees shall be paid for applying for trademark registration and handling other trademark matters. The specific fee standards are set separately.

This Law takes effect on January 1, 2027.

Trademarks registered before this Law takes effect remain valid.