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Trademark Law of the People's Republic of China (1
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1983.03.01
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
TRADEMARK LAW OF THE PEOPLE'S REPUBLIC OF CHINA
 (Adopted at the 24th Meeting of the Standing Committee of the
Fifth National  People's  Congress and promulgated by Order No. 10 of
the Standing Committee  of  the  National  People's  Congress on
August 23, 1982, and effective as of March 3, 1983)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
CHAPTER III EXAMINATION AND APPROVAL OF TRADEMARK REGISTRATION
CHAPTER IV RENEWAL, ASSIGNMENT AND LICENSING OF REGISTERED TRADEMARKS
CHAPTER V DETERMINATION OF DISPUTES CONCERNING REGISTERED TRADEMARKS
CHAPTER VI ADMINISTRATIVE CONTROL OF THE USE OF TRADEMARKS
 CHAPTER  VII  PROTECTION  OF  THE  RIGHT TO EXCLUSIVE USE OF A
REGISTERED
TRADEMARK
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
 @@  Article  1.  This  Law  is  formulated  for the purpose of
improving the administration  of trademarks, protecting the right
to  exclusive use of trademarks  and  encouraging  producers  to
guarantee  the quality of their goods and maintain the reputation of
their trademarks, so as to protect the interests of consumers and
promote the development of the socialist commodity economy.
  @@  Article  2.  The  Trademark  Office of the administrative
department for industry and commerce under the State Council shall
be in charge of the work of trademark registration and administration
throughout the country.
 @@  Article  3.  Registered trademarks are those that have been
approved  and  registered  by  the  Trademark Office. Trademark
registrants shall enjoy the right to exclusive use of their trademarks
and shall be protected by law.
  @@  Article  4.  Any  enterprise, institution or self-employed
industrialist or businessman that needs to acquire the right to
exclusive  use  of  a  trademark  for  the  goods  it produces,
manufactures,  processes,  selects  or  markets  shall  file  an
application for registration with the Trademark Office.
 @@  Article  5.  With  respect  to  goods  that  the state has
designated as requiring  the  use  of a registered trademark, an
application for trademark registration must be filed; the goods may
not be sold on the market before registration is granted.
 @@  Article  6. The user of a trademark shall be responsible for the
quality  of  the  goods  on  which the trademark is used. The
administrative  departments for  industry  and  commerce  at  all
levels  shall,  by means of trademark administration,  exercise
supervision over the quality of goods and stop any practices that
deceive consumers.
 @@  Article  7.  Any  word or design, or combination thereof,
used as a trademark, shall have distinctive characteristics so as
to facilitate identification. Wherever a registered trademark is used,
it shall bear the words ''Registered trademark'' or a sign indicating
that it is registered.
 @@  Article 8. The following words or designs may not be used in
trademarks:
 (1) those identical with or similar to the national name, national
flag, national emblem, military flag or medals of the People's Republic
of China;
 (2) those identical with or similar to the national name, national
flag, national emblem or military flag of any foreign country;
 (3)  those identical with or similar to the flag, emblem or name
of any intergovernmental international organization;
 (4) those identical with or similar to the symbol or name of the Red
Cross or the Red Crescent;
(5) the generic name or design of the goods concerned;
 (6)  those  directly  indicating  the quality, main raw materials,
function, use, weight, quantity or other characteristics of the goods
concerned;
(7) those having the nature of discrimination against any nationality;
(8) those constituting exaggerated and deceitful advertising; and
 (9) those detrimental to socialist morality or customs, or having
other harmful influences.
 @@  Article  9.  Where  a  foreigner  or  foreign  enterprise
applies  for trademark  registration  in China, the matter shall be
handled in accordance with  any  agreement concluded between the
country to which the applicant belongs and the People's Republic of
China, or any international treaty to which  both countries are
parties, or on the basis of the principle of reciprocity.
 @@  Article  10.  Where  a  foreigner  or  foreign  enterprise
applies  for trademark  registration  or deals with other trademark
matters in China, it shall entrust an organization designated by the
Chinese Government to act on its behalf.
CHAPTER II APPLICATION FOR TRADEMARK REGISTRATION
 @@  Article  11.  An  applicant  for trademark registration

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