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　 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 on August 23, 1982 and promulgated by Order No.10 of the

　　Standing Committee of the National People’s Congress on August 23, 1982;

　　amended for the first time in accordance with the Decision on Revising the

　　Trademark Law of the People's Republic of China adopted at the 30th Meeting

　　of the Standing Committee of the Seventh National People's Congress on

　　February 22, 1993; and amended for the second time in accordance with the

　　Decision on Revising the Trademark Law of the People's Republic of China

　　adopted at the 24th Meeting of the Standing Committee of the Ninth National

　　People's Congress on October 27, 2001)

　　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 Exclusive Right to the Use of a Registered

　　Trademark

　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted for the purpose of improving the administration of

　　trademarks, protecting the exclusive right to the use of a trademark, and

　　encouraging producers and dealers to guarantee the quality of their goods and

　　services and preserve the credibility of trademarks, so as to protect the interests

　　of consumers, producers and dealers and promote the development of the

　　socialist market 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.

　　The administrative department for industry and commerce under the State

　　Council shall establish a Trademark Review and Adjudication Board to be

　　responsible for handling trademark disputes.Article 3 Registered trademarks refer to trademarks that are registered with the

　　approval of the Trademark Office, including trademarks for goods and services,

　　collective trademarks and certification trademarks. The owner of a registered

　　trademark shall enjoy the exclusive right to the use of the trademark, which shall

　　be protected by law.

　　For purposes of this Law, a collective trademark refers to one that is registered in

　　the name of a group, association, or any other organization for use in business by

　　its members to indicate membership.

　　For purposes of this Law, a certification trademark refers to one that is controlled

　　by an organization which is capable of exercising supervision over a particular

　　kind of goods or services and that is used by a unit other than the organization or

　　by an individual for its or his goods or services, and is designed to certify the

　　indications of the place of origin, raw materials, mode of manufacture, quality, or

　　other specified properties of the said goods or services.

　　Particulars pertaining to the registration and administration of collective

　　trademarks and certification trademarks shall be formulated by the administrative

　　department for industry and commerce under the State Council.

　　Article 4 Any natural person, legal person, or other organization that needs to

　　acquire the exclusive right to the use of a trademark for the goods or he produces,

　　manufactures, processes, selects, or markets shall file an application for

　　registration of the trademark of the goods with the Trademark Office.

　　Any natural person, legal person, or other organization that needs to acquire the

　　exclusive right to the use of a service trademark for the services it or he provides

　　shall file an application for registration of the service trademark with the

　　Trademark Office.

　　Provisions regarding the goods trademarks in this Law shall be applicable to

　　service trademarks.

　　Article 5 Two or more natural persons, legal persons, or other organizations may

　　jointly file an application with the Trademark Office for the registration of one

　　and the same trademark and jointly enjoy and exercise the exclusive right to the

　　use of the trademark.

　　Article 6 With respect to goods on which the State requires the use of a

　　registered trademark, an application for trademark registration shall be filed; the

　　goods may not be sold on the market before registration is granted.

　　Article 7 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, through the administration of trademarks, put an

　　end to any practice that deceives consumers.Article 8 Any visible sign that can serve to distinguish the goods of a natural

　　person, legal person, or other organization from those of another, including any

　　work, design, letter of the alphabet, numeral, three-dimensional symbol and color

　　combination, or any combination of the above, may be made a trademark for

　　application for registration.

　　Article 9 A trademark submitted for registration shall bear noticeable

　　characteristics and be readily distinguishable, and it may not conflict with the

　　legitimate rights obtained by others earlier.

　　A trademark registrant shall have the right to indicate the wording "Registered

　　Trademark" or the sign showing that the trademark is registered.

　　Article 10 None of the following signs may be used as trademarks:

　　(1)those identical with or similar to the State name, national flag, national

　　emblem, military flag, or decorations, of the People's Republic of China; those

　　identical with the names of the specific locations that are seats of central state

　　organs; or those identical with the names or designs of landmark buildings;

　　(2)those identical with or similar to the state names, national flags, national

　　emblems or military flags of foreign countries, with the exception of those the

　　use of which is permitted by the government of the country concerned;

　　(3)those identical with or similar to the names, flags or emblems of international

　　inter-governmental organizations, with the exception of those the use of which is

　　permitted by the organization concerned or is not liable to mislead the public;

　　(4)those identical with or similar to an official mark or inspection stamp that

　　indicates control and guarantee, except where authorized;

　　(5)those identical with or similar to the symbol or name of the Red Cross or the

　　Red Crescent;

　　(6)those having the nature of discrimination against any nationality;

　　(7)those constituting exaggerated and deceitful advertising; and

　　(8)those detrimental to socialist ethics or customs, or having other unwholesome

　　influences.

　　No geographical names of administrative divisions at or above the county level

　　or foreign geographical names known to the public may be used as trademarks,

　　except where geographical names have other meanings or constitute part of a

　　collective trademark or certification trademark. Registered trademarks in which

　　geographical names are sued shall remain valid.

　　Article 11 None of the following marks may be registered as trademarks:(1)where the mark bears only the generic name, design, or model number of the

　　goods concerned;

　　(2)where it just directly indicates the quality, principal raw materials, function,

　　use, weight, quantity or other features of the goods; and

　　(3)where distinctive characteristics are lacking.

　　Any mark mentioned in the preceding paragraph may be registered as a

　　trademark if it has acquired distinctive features through use and is readily

　　distinguishable.

　　Article 12 No application for registration of a three-dimensional sign as a

　　trademark may be granted, where the sign merely indicates the shape inherent in

　　the nature of the goods concerned, or it is only dictated by the need to achieve

　　technical effects or the need to give the goods substantive value.

　　Article 13 Where the trademark of an identical or similar kind of goods is a

　　reproduction, imitation, or translation of another person's well-known trademark

　　not registered in China and is liable to cause public confusion, no application for

　　its registration may be granted and its use shall be prohibited.

　　Where the trademark of a different or dissimilar kind of goods is a reproduction,

　　imitation, or translation of another person's well-known trademark not registered

　　in China and it misleads the public so that the interests of the owner of the

　　registered well-known trademark are likely to be impaired, no application for its

　　registration may be granted and its use shall be prohibited.

　　Article 14 The following factors shall be considered in determining whether or

　　not a trademark is a well-known one:

　　(1)the degree of public recognition in its trading areas;

　　(2)the duration in which it has been in use;

　　(3)the duration and extent of its advertising, and the geographical areas the

　　advertising has covered;

　　(4)the records of protection it has gained as well-known trademark; and

　　(5)other factors serving to make it well known.

　　Article 15 Where an agent or representative, without authorization of the client,

　　seeks to register in its own name the client's trademark and the client objects, the

　　trademark shall not be registered and its use shall be prohibited.

　　Article 16 Where a trademark bears a geographical indication of the goods when

　　the place indicated is not the origin of the goods in question, thus misleading the public, the trademark shall not be registered and its use shall be prohibited.

　　However, where the registration is obtained in goodwill, it shall remain valid.

　　The geographical indication mentioned in the preceding paragraph means the

　　origin of the goods the special qualities, credibility or other characteristics of the

　　goods and it is primarily determined by the natural factors or other humanistic

　　factors of the place indicated.

　　Article 17 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 18 Where a foreigner or foreign enterprise intends to apply for the

　　registration of a trademark or handle other trademark matters in China shall

　　entrust an organization that is approved by the State and is qualified for serving

　　as a trademark agent.

　　Chapter II Application for Trademark Registration

　　Article 19 An applicant for trademark registration shall fill in the specified form

　　of classification of goods as to the class and trade name designation of the goods

　　on which the trademark is to be used.

　　Article 20 If an applicant intends to use the same trademark on goods in different

　　classes, he shall submit an application for each class on the basis of the specified

　　form of classification of goods.

　　Article 21 If a registered trademark needs to be used on other goods of the same

　　class, a separate application for registration shall be filed.

　　Article 22 If a change needs to be made in the signs of a registered trademark, an

　　application shall be filed anew.

　　Article 23 If a change needs to be made in the name or address of the owner of a

　　registered trademark or in any other registered matter, an application for the

　　change shall be filed.

　　Article 24 Where an applicant, within six months from the date he applies for

　　registration of his trademark for the fist time in a foreign country, again applies

　　in China for registration of one and the same trademark for the same goods, he

　　may, in accordance with any agreement concluded between the foreign country

　　concerned and the People's Republic of China or any international treaty to

　　which both countries are parties, or on the basis of the priority principle mutually

　　accepted, enjoy priority.Where, in accordance with the preceding paragraph, an applicant claims priority,

　　he shall so state in writing at the time when he files the application for trademark

　　registration and shall, within three months, submit a copy of the original

　　application he files for the first time. Failure on the part of the applicant to make

　　the statement in writing or to submit a copy of the original application before the

　　expiration of the time limit shall be regarded as not claiming priority.

　　Article 25 The applicant for registration of a trademark that is used for the first

　　time on goods displayed at an international exhibition organized or recognized

　　by the Chinese Government may, within six months from the date the said goods

　　are placed on exhibition, enjoy priority.

　　Where, in accordance with the preceding paragraph, an applicant claims priority,

　　he shall so state in writing at the time when he files the application for trademark

　　registration and shall, within three months, submit the name of the exhibition,

　　evidence supporting the use of the trademark on the goods displayed, documents

　　proving the date the exhibition, etc. failure to make the statement in writing or to

　　submit the documents before the expiration of the time limit shall be regarded as

　　not claiming priority.

　　Article 26 Matters stated in the application for trademark registration and all

　　information provided shall be truthful, accurate and complete.

　　Chapter III Examination and Approval of Trademark Registration

　　Article 27 Any trademark, for the registration of which an application is made,

　　conforms to the relevant provisions of this Law shall undergo preliminary

　　examination and approval by the Trademark Office, which shall announce it.

　　Article 28 Where a trademark, for the registration of which an application is

　　made, that does not conform to the relevant provisions of this Law or that is

　　identical with or similar to the trademark already registered by another person or

　　is given preliminary examination and approval for use on the same kind of goods

　　or similar goods, the Trademark Office shall reject the application and shall not

　　announce that trademark.

　　Article 29 Where two or more applicants apply to register identical or similar

　　trademarks for use on the same kind of goods or similar goods, the Trademark

　　Office shall first conduct examination of, give approval to and announce the

　　trademark whose registration is applied for earlier than the rest. Where the

　　applications are filed on the same day, the Trademark Office shall first examine,

　　give approval to and announce the trademark which is used earlier that the rest,

　　and it shall reject the applications for registration of the other trademarks and

　　shall not announce them.

　　Article 30 Any person may, within three months from the date a trademark is

　　announced, raised an objection to the trademark that has undergone preliminary examination and obtained approval. Where no objection is raised at the

　　expiration of the time limit, the trademark shall be registered upon approval, a

　　trademark registration certificate shall be issued, and the matter shall be

　　announced.

　　Article 31 No applicant for trademark application may infringe upon another

　　person's existing prior rights, nor may he, by illegitimate means, rush to register

　　a trademark that is already in use by another person and has certain influence.

　　Article 32 Where an application for trademark registration is rejected and the

　　trademark is not announced, the Trademark Office shall notify the applicant of

　　the matter in writing. Where the applicant is dissatisfied, he may, within fifteen

　　days from date the notification is received, apply to the Trademark Review and

　　Adjudication Board for review, and the Board shall make a decision and notify

　　the applicant of its decision in writing.

　　Where the applicant is dissatisfied with the decision of the Trademark Review

　　and Adjudication Board, he may, within 30 days from the date the notification is

　　received, bring a suit in a People's Court.

　　Article 33 Where an objection is raised against a trademark that has undergone

　　preliminary examination has been given approval and announced, the Trademark

　　Office shall hear the facts and reasons stated by the objector and the objected and

　　shall make a decision after investigation and verification. Where a party is

　　dissatisfied with the decision, it may, within 15 days from the date the

　　notification is received, apply to the Trademark Review and Adjudication Board

　　for a review. The Board shall give a ruling and notify both the objector and the

　　objected in writing.

　　Where a party is dissatisfied with the ruling of the Trademark Review and

　　Adjudication Board, it may, within 30 days from the date the notification is

　　received, bring a suit in a People's Court. The People's Court shall notify the

　　other party involved in the trademark review proceedings to participate in the

　　proceedings as the third party.

　　Article 34 Where a party does not apply to the Trademark Office for a review of

　　the Office's decision or bring a suit in a People's Court against the ruling of the

　　Trademark Review and Adjudication Board within the statutory limit, the

　　decision and ruling shall go into effect.

　　Where it is determined that the objection is not justified, the trademark shall be

　　registered upon approval, a trademark registration certificate shall e issued, and

　　the trademark shall be announced. Where it is determined that the objection is

　　justified, no approval shall be granted for registration of he trademark.

　　Where it is determined that the objection is not justified and approval is granted

　　to registration of the trademark, the date on which the applicant for trademark registration obtains its exclusive right to the use o the trademark shall be counted

　　from the day on which the three months following the preliminary examination

　　and announcement of the trademark expire.

　　Article 35 Applications for trademark registration and for review shall be

　　examined without delay.

　　Article 36 Where an applicant for trademark registration or a registrant discovers

　　an obvious error in the trademark application or registration documents, he may

　　apply for its correction. The Trademark Office shall, in accordance with law and

　　within the limits of its functions and powers, make the correction and shall notify

　　the party of the matter.

　　The correction of errors mentioned in the preceding paragraph shall not involve

　　substantive matters in the application or registration documents.

　　Chapter IV Renewal, Assignment and Licensing of Registered Trademarks

　　Article 37 The period of validity of a registered trademark shall be 10 years,

　　counted from the day the registration is approved.

　　Article 38 If an owner needs to continue to use his registered trademark after the

　　period of validity expires, an application for renewal of registration shall be

　　made within six months before the expiration. If the owner fails to do so within

　　that period of time, an extension period of six months may be granted. If no

　　application is filed before the extension period expires, the registered trademark

　　shall be cancelled.

　　The period of validity for each renewal of registration shall be 10 years.

　　After renewal of registration is approved, it shall be announced.

　　Article 39 To assign a registered trademark, the assignor and assignee shall sign

　　an assignment agreement and jointly file an application with the Trademark

　　Office. The assignee shall guarantee the quality of the goods on which the

　　registered trademark is used.

　　After the assignment of a registered trademark is approved, it shall be announced.

　　The assignee shall enjoy the exclusive right to the use of the trademark starting

　　from the date the announcement is made.

　　Article 40 The owner of a registered trademark may, by concluding a trademark

　　licensing contract, authorize another person to use his registered trademark. The

　　licensor shall supervise the quality of the goods on which the licensee uses his

　　registered trademark, and the licensee shall guarantee the quality of the goods on

　　which the registered trademark is to be used.If any person is authorized to use the registered trademark of another person, the

　　name of the licensee and the origin of the goods shall be indicated on the goods

　　that bear the registered trademark.

　　The trademark licensing contract shall be submitted to the Trademark Office for

　　the record.

　　Chapter V Determination of Disputes Concerning Registered Trademarks

　　Article 41 Where a trademark is registered in violation of the provisions of

　　Article 10, 11, or 12 of this Law, or it is registered by deceitful or other

　　illegitimate means, the Trademark Office shall cancel the trademark. Any unit or

　　individual may request that the Trademark Review and Adjudication Board make

　　a ruling to cancel such a registered trademark.

　　Where a trademark is registered in violation of the provisions of Article 13, 15,

　　16, or 31 of this Law, the owner of the trademark or any interested party may,

　　within five years from the date the trademark is registered, request that the

　　Trademark Review and Adjudication Board make a ruling to cancel the

　　trademark. Where the trademark is registered with ill will, the owner of the

　　well-known trademark shall not be limited by the five-year period.

　　In addition to circumstances specified in the preceding two paragraphs, any

　　person who intends to take issue on a registered trademark may, within five years

　　from the date the trademark is registered upon approval, apply to the Trademark

　　Review and Adjudication Board for a ruling.

　　After receiving the application for a ruling, the Trademark Review and

　　Adjudication Board shall notify the parties concerned and ask them to put

　　forward their arguments within a specified time limit.

　　Article 42 With regard to a trademark against which objections are raised and on

　　which a ruling is made prior to its registration with approval, the same facts and

　　reasons may not be used in another application for a ruling.

　　Article 43 After the Trademark Review and Adjudication Board has made a

　　ruling either to maintain or to revoke a registered trademark, it shall notify the

　　party concerned of the ruling in writing.

　　Where the party is dissatisfied with the ruling of the Trademark Review and

　　Adjudication Board, he may, within 30 days from the date the notification is

　　received, bring a suit in a People's Court. The People's Court shall notify the

　　other party involved in the trademark adjudication proceedings to take part in the

　　legal proceedings as the third party.

　　Chapter VI Administrative Control of the Use of TrademarksArticle 44 Where a trademark user commits any of the following acts, the

　　Trademark Office shall order it to rectify the situation within a time limit or

　　revoke the registered trademark:

　　(1)altering the registered trademark by himself;

　　(2)altering the name, address, or other particulars in the registration by himself;

　　(3)assigning the trademark by himself; or

　　(4)ceasing the use of the registered trademark for three consecutive years.

　　Article 45 If registered trademarks are used on coarsely manufactured goods that

　　are passed off as quality goods, thus deceiving consumers, the administrative

　　departments for industry and commerce at various levels shall, on the merits of

　　each case, order rectification of the situation within a time limit and may, in

　　addition, circulate a notice on the matter or impose a fine, or the Trademark

　　Office may revoke the registered trademarks.

　　Article 46 If a registered trademark is revoked or is not renewed at the expiration

　　of its period of validity, the Trademark Office shall not approve any application

　　for the registration of a trademark identical with or similar to the said trademark

　　within one year from the date it is revoked or cancelled.

　　Article 47 In the event of a violation of the provisions of Article 5 of this Law,

　　the local administrative department for industry and commerce shall order the

　　violator to file an application for registration within a time limit and may, in

　　addition, impose a fine.

　　Article 48 Where a person commits any of the following acts by using an

　　unregistered trademark, the local administrative department for industry and

　　commerce shall stop him from using the trademark, order him to make

　　rectification within a time limit and may, in addition, circulate a notice on the

　　matter or impose a fine:

　　(1) passing off the trademark as a registered one;

　　(2) violating the provisions of Article 8 of this Law; or

　　(3) using the trademark on coarsely manufactured goods that are passed off as

　　quality goods, thus deceiving consumers.

　　Article 49 Where a party is dissatisfied with the decision made by the Trademark

　　Office to revoke his registered trademark, he may, within 15 days from the date

　　the notification is received, apply to the Trademark Review and Adjudication

　　Board for a review. The Trademark Review and Adjudication Board shall make

　　a decision and notify the applicant in writing.Where the party is dissatisfied with the decision of the Trademark Review and

　　Adjudication Board, it may, within 30 days from the date the notification is

　　received, bring a suit in a People's Court.

　　Article 50 Where the party is dissatisfied with the decision made by the

　　administrative department for industry and commerce to impose a fine under

　　Article 45, 47, or 48 of this Law, he may, within 15 days from the date the

　　notification is received, bring a suit in a People's Court. If the party neither

　　brings a suit at the expiration of the time limit nor complies with the decision, the

　　administrative department for industry and commerce concerned shall request

　　the People's Court to enforce the decision.

　　Chapter VII Protection of the Exclusive Right to the Use of a Registered

　　Trademark

　　Article 51 The exclusive right to the use of a registered trademark shall be

　　limited to trademarks which are registered upon approval and to goods the use of

　　a trademark on which is approved.

　　Article 52 Any of the following acts shall constitute an infringement on the

　　exclusive rights to the use of a registered trademark:

　　(1)using a trademark that is identical with or similar to the registered trademark

　　on the same or similar goods without permission of the owner of the registered

　　trademark;

　　(2)selling goods that infringe on the exclusive right to the use of a registered

　　trademark;

　　(3)counterfeiting, or making without authorization, representations of another

　　person's registered trademark, or selling such representations;

　　(4)altering a registered trademark without permission of its owner and selling

　　goods bearing such an altered trademark on the market; and

　　(5)impairing in other manners another person's exclusive right to the use of its

　　registered trademark.

　　Article 53 When a dispute arises as a result of any of the acts infringing upon

　　another person's exclusive right to the use of a registered trademark as mentioned

　　in Article 52 of this Law, the parties involved shall settle the dispute through

　　consultation. Where the parties are not willing to do so or where consultation

　　fails, the owner of the registered trademark or any interested party may bring a

　　suit in a People's Court or request the administrative department for industry and

　　commerce to handle the matter. When the said department determines that the

　　fact of infringement is established, it shall order the infringer to cease infringing

　　upon that right immediately, and it shall confiscate and destroy the goods involved and the tools specially used to manufacture the said goods and

　　counterfeit the representations of the registered trademark, and may also impose

　　a fine. Where the party is dissatisfied with the decision of the department, he

　　may, within 15 days from the date the notification is received, bring a suit in a

　　People's Court in accordance with the Administrative Procedure Law of the

　　People's Republic of China. Where the infringer neither brings a suit at the

　　expiration of the time limit nor complies with the decision, the administrative

　　department for industry and commerce may request the People's Court to enforce

　　its decision. The administrative department for industry and commerce that

　　handles the dispute may, as requested by the party, mediate as a settlement on the

　　amount of compensation for the infringement of the exclusive right to the use of

　　the trademark. Where mediation fails, the party may, in accordance with the

　　Civil Procedure Law of the People's Republic of China, bring a suit in a People's

　　Court.

　　Article 54 The administrative department for industry and commerce shall have

　　the power to investigate any act infringing upon the exclusive right to the use of

　　a registered trademark. Where a crime is suspected to have been committed, it

　　shall promptly transfer the case to a judicial department for handling in

　　accordance with law.

　　Article 55 When an administrative department for industry and commerce at or

　　above the county level, on the basis of the evidence or information, obtained for

　　a suspected violation of law, conducts investigation into a suspected

　　infringement of another person's exclusive right to the use of a registered

　　trademark, it may exercise the following functions and powers:

　　(1)questioning the parties concerned to find out the facts regarding the

　　infringement of another person's exclusive right to the use of a registered

　　trademark;

　　(2)checking and reproducing the parties' contracts, invoices, account books, and

　　other materials relating to the infringement;

　　(3)conducting on-the-spot inspection of the premises where the suspected party

　　carries out activities infringing upon another person's exclusive right to the use

　　of a registered trademark; and

　　(4)inspecting articles involved in the infringement; sealing or seizing the articles

　　that are proven to been used for infringing upon another person's exclusive right

　　to the use of a registered trademark.

　　When the administrative department for industry and commerce exercises the

　　functions and powers provided for in the preceding paragraph in accordance with

　　law, the parties shall assist and cooperate with it and may not refuse to do so or

　　stand in its way.Article 56 The amount of compensation for infringement of the exclusive right to

　　the use of a trademark shall be the amount of the profits that the infringer has

　　earned as a result of the infringement during the period of the infringement, or

　　the amount of the losses that the infringed has suffered as a result of the

　　infringement during the period of the infringement, including any reasonable

　　expenses the infringed has paid in its effort to put an end to the infringement.

　　Where the profits earned by the infringer or the losses suffered by the infringed

　　as a result of the infringement, as mentioned in the preceding paragraph, are hard

　　to determine, the People's Court shall, on the basis of the circumstances of the

　　infringement, decide to make it not more than RMB 500,000 yuan.

　　Where a person unknowingly sells goods which represent an infringement upon

　　another person's exclusive right to the use of a registered trademark but can

　　prove that they are obtained by himself lawfully and can identify the supplier, he

　　shall not bear the liability to pay compensation.

　　Article 57 Where the owner of a registered trademark or any interested party has

　　evidence proving that another party is committing or will soon commit an act

　　that infringes upon his exclusive right to the use of its registered trademark and

　　that, unless it is stopped promptly, will cause irreparable harm to his legitimate

　　rights and interests, he may, before filing a lawsuit, apply to the People's Court

　　for ordering the cease of the act and for adopting measures to preserve his

　　property.

　　In handling the application mentioned in the preceding paragraph, the People's

　　Court shall apply the provisions in Articles 93 through 96 and in Article 99 of

　　the Civil Procedure Law of the People's Republic of China.

　　Article 58 In order to put a stop to an infringement, the owner of a registered

　　trademark or the interested party may, under conditions where evidence may be

　　missing or become unobtainable in future and prior to filing a lawsuit, apply to

　　the People's Court for preserving the evidence.

　　The People's Court shall make a ruling within 48 hours from the time it accepts

　　the application. Once a ruling to have the evidence preserved is made, it shall be

　　enforced immediately.

　　The People's Court may order the applicant to provide a surety. Where no surety

　　is provided, the People's Court may reject the application.

　　Where the applicant fails to bring a lawsuit within 15 days after the People's

　　Court adopts the preservation measure, the People's Court shall rescind the

　　measure.

　　Article 59 Where a person, without permission of the owner of a registered

　　trademark, uses a trademark that is identical with the owner's on the same kind of goods, which constitutes a crime, he shall, in addition to compensating losses

　　suffered by the infringed, be investigated for criminal responsibility in

　　accordance with law.

　　Anyone who counterfeits or makes without permission the representations of

　　another person's registered trademark or sells such representations which

　　constitutes a crime, shall, in addition to compensating the losses suffered by the

　　infringed, be investigated for criminal responsibility in accordance with law.

　　Anyone who knowingly sells goods bearing counterfeit registered trademarks,

　　which constitutes a crime, shall, in addition to compensating the losses suffered

　　by the infringed, be investigated for criminal responsibility in accordance with

　　law.

　　Article 60 Functionaries of State organs engaged in trademark registration,

　　administration, and review shall be impartial in implementing the law, honest

　　and self-disciplined, and devoted to their duties, and shall provide services with

　　civility.

　　No functionaries of State organs working in the Trademark Office and the

　　Trademark Review and Adjudication Board or engaged in trademark registration,

　　administration, and review may work for trademark agencies or engage in the

　　manufacture or marketing of goods.

　　Article 61 Administrative departments or industry and commerce shall establish

　　and improve an internal supervision system to supervise and inspect the way

　　State organ functionaries in charge of trademark registration, administration, and

　　review implement laws and administrative regulations and observe discipline.

　　Article 62 Where a State organ functionary working in trademark registration,

　　administration, and review neglects his duty, abuses his power, and engages in

　　malpractice for personal gain, violates the law in trademark registration,

　　administration, and review, accepts money or things of value from a party, or

　　seeks illegitimate interests, and where the case is so serious as to constitute a

　　crime, he shall be investigated for criminal responsibility in accordance with law.

　　Where the case does not constitute a crime, he shall be given administrative

　　sanction in accordance with law.

　　Chapter VIII Supplementary Provisions

　　Article 63 Applicants for trademark registration and persons having other

　　trademark matters handled shall pay a fee, the specific rates of which shall be

　　determined separately.

　　Article 64 This Law shall go into effect as of March 1, 1983. The Regulations on

　　Trademark Administration promulgated by the State Council on April 10, 1963

　　shall be annulled simultaneously, and any other provisions concerning trademark administration that conflict with the provisions of this Law shall be nullified at

　　the same time.

　　Trademarks registered before this Law goes into effect shall remain valid.

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