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Trademark Law of the People's Republic of China (amended up to April 23, 2019), China

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Latest Version in WIPO Lex
Year of Version 2019 Dates Amended up to: April 23, 2019 Entry into force: March 1, 1983 Adopted: August 23, 1982 Type of Text Main IP Laws   Subject Matter Trademarks Subject Matter (secondary) Geographical Indications Notes This consolidated version of the Trademark Law of the People's Republic of China takes into account amendments up to Decision of April 23, 2019, of the Standing Committee of National People's Congress. The said amending Decision of April 23, 2019 is the fourth revision to the Trademark Law since it was first adopted in 1982. This revision aims to strengthen the trademark protection, promote a fair business environment and effectively curb bad faith trademark registration. The revision involves a total of 6 articles (Articles 4, 19, 33, 44, 63 and 68), mainly related to the following: (i) Adding provisions to regulate bad faith trademark registration; and (ii) Increasing the compensation for infringement of trademark rights.

Available Texts Main text(s) Main text(s) Chinese 中华人民共和国商标法 (2019年4月23日修正) PDF English Trademark Law of the People's Republic of China (amended up to April 23, 2019) PDF HTML WTO Notifications Coversheet WTO Notifications Coversheet English Trademark Law of the People's Republic of China (amended up to April 23, 2019) PDF French Loi sur les marques de la République populaire de Chine (modifié jusqu'au 23 avril 2019) PDF Spanish Ley de Marcas de la República Popular China (modificado hasta el 23 de abril de 2019) PDF
Legislation Supersedes (3 text(s)) Supersedes (3 text(s))
Trademark Law of the People's Republic of China (as amended up to Decision of August 30, 2013, of the Standing Committee of National People's Congress on Amendments to the Trademark Law of the People's Republic of China)(CN195)
Trademark Law of the People's Republic of China (as amended up to Decision of October 27, 2001, of the Standing Committee of the National People’s Congress, revising the Trademark Law of the People's Republic of China; promulgated by Order No. 10 of August 23, 1982, of Standing Committee of the National People's Congress)(CN026)
Trademark Law of the People's Republic of China (as amended by Decision of February 22, 1993, of the Standing Committee of the National People’s Congress, on Revising the Trademark Law of the People's Republic of China)(CN007)
 Is amended by (1 text(s)) Is amended by (1 text(s))
Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China (adopted on August 30, 2013) (CN194)
Is implemented by (28 text(s)) Is implemented by (28 text(s))
Interpretation of the Supreme People's Court on Punitive Damages in the Trial of Civil Cases regarding the Infringement of Intellectual Property (Interpretation No. 4 of 2021) (CN454)
Interpretation of the Supreme People's Court on Jurisdiction and Scope of Application of Law in the Trial of Trademark Cases (Interpretation No. 1 of 2002, amended up to December 23, 2020) (CN429)
Interpretation of the Supreme People's Court on Jurisdiction and the Application of Laws in Trademark Cases after the Amendment of Trademark Law Entered Into Force (Interpretation No. 4 of 2014, amended up to December 23, 2020) (CN440)
Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Civil Disputes Regarding Well-known Trademarks (Interpretation No. 3 of 2009, amended up to December 23, 2020) (CN436)
Interpretation of the Supreme People’s Court on the Application of Laws in the Trial of Civil Disputes of Trademarks (Interpretation No. 32 of 2002, amended up to December 23, 2020) (CN431)
Provisions of the Supreme People's Court on Issues in the Trial of Civil Disputes Regarding the Conflicts between Prior rights and Registered Trademarks or Business Names (Interpretation No. 3 of 2008, amended up to December 23, 2020) (CN435)
Provisions of the Supreme People's Court on the Trial of Administrative Cases Concerning the Authorization and Determination of Trademark Rights (Interpretation No. 2 of 2017, amended up to December 23, 2020) (CN443)
Reply of the Supreme People's Court on the Application of Laws in Disputes of Intellectual Property Infringement on the Internet (Interpretation No. 9 of 2020) (CN451)
Interim Regulations on Online Applications for Trademark Registration of May, 1, 2014 (CN354)
Provisions of July 3, 2014, on the Recognition and Protection of Well-known Trademarks (promulgated by The State Administration for Industry and Commerce of the People's Republic of China Order No. 66) (CN343)
Regulations for the Implementation of the Trademark Law of the People's Republic of China (promulgated by Decree No. 358 of the State Council of the People's Republic of China on August 3, 2002; revised and promulgated by Decree No. 651 of the State Council of the People's Republic of China on April 29, 2014) (CN342)
Trademark Review and Adjudication Rules (revised by the Order No. 65 of May 28, 2014 of the State Administration for Industry and Commerce of the People's Republic of China) (CN344)
Measures of July 12, 2010, for Administration of Trademark Agency (promulgated by the State Administration for Industry and Commerce of the People's Republic of China Order No. 50) (CN276)
Measures on the Protection of Symbols of Asian Games (CN307)
Regulations of August 10, 2009, on Issues of Trademark Transfer Application (CN328)
Regulations on Registration Procedure of Pledge on Trademarks (promulgated by Order No. 182 of September 10, 2009, of the State Administration for Industry and Commerce of the People's Republic of China) (CN346)
Regulations on the Determination of Well-Known Trademarks (CN054)
Trial Measures for Evaluating and Protecting Brands in the Commercial Field (CN057)
Protection Measures for Intellectual Property Rights during Exhibitions (CN092)
Rules for Trademark Review and Adjudication (CN046)
Trademark Printing Management Approach (CN268)
Measures for the Registration and Administration of Collective Marks and Certification Marks (CN047)
Opinions on Resolution of Several Issues Concerning Trademarks and Enterprise Names (CN051)
Opinions on Several Issues Concerning Service Trademark Protection (CN049)
Measures for the Record Filing of Trademark Licensing Contracts (CN274)
Regulations of The Supreme People’s Court of June 22, 2009, on Hearing Divisions of IP Administrative Lawsuits Involving the Grant and Confirmation of Patents and Trademarks (CN088)
Provisions on the Management of Trademarks in Foreign Trade (CN052)
Rules for Foreigners or Foreign Enterprises Applying for Trademark Registration in China (CN056)
WTO Document Reference
IP/N/1/CHN/11
IP/N/1/CHN/T/5
WIPO Lex No. CN410