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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), China


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Year of Version 2014 Dates Entry into force: March 1, 1983 Adopted: August 23, 1982 Type of Text Main IP Laws Subject Matter Trademarks, Geographical Indications, Enforcement of IP and Related Laws, IP Regulatory Body Notes The Trademark Law of the People’s Republic of China (the 'PRC Trademark Law') was first adopted by the Standing Committee of the National People’s Congress (the 'NPC Standing Committee') on August 23, 1982, and entered into force on March 1, 1983.
The Law was revised in 1993 in 2001, and in 2013 by the NPC Standing Committee.

This 2013 revised version of the Trademark Law incorporates all the amendments up to the Decision of August 30, 2013, of the NPC Standing Committee on Revising the PRC Trademark Law.
The amendments introduced by the said Decision, which entered into force on May 1, 2014, revise 34 articles out of the 64 of the 2001 version of the Trademark Law, add 13 new articles and six new provisions, and delete three articles.
These amendments facilitate trademark registration procedures, ensure a fair market for trademark holders and strengthen the legal protection of trademarks in China in line with international standards.

The English version of this revised version of the Trademark Law is reproduced from the website http://www.inchinalaw.com/risorse/.
This translation is provided for information purposes only and has no legal force.

The notification by China to the WTO under Article 63.2 of TRIPS states:
'It is the third revision to the Trademark Law since it was first adopted in 1982. This revision aims to facilitate the trademark registration, promote a fair and competitive market and strengthen the protection on trademark rights. Among others, it specifies the following rules:
• Enriching elements applicable for trademark registration (e.g. sound);
• Offering opportunities for applicants to explain or correct their filed applications;
• Allowing applicants to apply for registration of the same trademark for multiple types of goods in one application;
• Improving the objection procedure and the protection on well-known trademarks;
• Providing a heavier punishment if a party has committed trademark infringement on two or more occasions within five years or falls under any other serious circumstances.
• Increasing the amount of compensation for damages due to infringement of trademark rights.
The revised Trademark Law entered into force on May 1, 2014.'

Available Texts Main text(s) Main text(s) Chinese 中华人民共和国商标法(根据2013年8月30日全国人民代表大会常务委员会《关于修改〈中华人民共和国商标法〉的决定》修正) PDF HTML English 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) PDF HTML
Legislation Relates to (2 text(s)) Relates to (2 text(s))
Circular of April 15, 2014, of the State Administration of Industry and Commerce Concerning the Issues on Implementing the Amended Trademark Law (CN322)
Interim Measures for Service Providers from Hong Kong or Macao to Provide Trademark Agency Services in the Mainland (promulgated by Order No. 192 of November 24, 2004, of the State Administration for Industry and Commerce of the People's Republic of China) (CN370)
Supersedes (2 text(s)) Supersedes (2 text(s))
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 superseded by (1 text(s)) Is superseded by (1 text(s))
Trademark Law of the People's Republic of China (amended up to April 23, 2019) (CN410)

WTO Document Reference

WIPO Lex No. CN195