You are here

Trademark Law of the People's Republic of China (2013)

( Adopted at the 24th Session of the Standing Committee of the Fifth National People 's
Congress on August 23, 1982; amended for the first time according to the "Decision on the
Revision of the ‘Trademark Law of the People's Republic of China’" adopted at the 30th
Session of the Standing Committee of the Seventh National People's Congress on
February 22, 1993; amended for the second time according to the "Decision on the Revision of the
‘Trademark Law of the People's Republic of China’" adopted at the 24th Session of the Standing Committee of the Ninth National People's' Congress on October 27 2001; amended for
the third time according to the "Decision on the Revision of the
‘Trademark Law of the People's Republic of China’" adopted at the 4th Session of the
Standing Committee of the twelfth National People's' Congress on August 30 2013 )

Declaration of Invalidation Concerning Registered Trademarks

Article 44.  Where a registered trademark stands in violation of the provisions of Article 10, 11 or 12 of this Law, or the registration of a trademark has been acquired by fraud or any other unfair means, the Trademark Office shall declare the registered trademark invalid; any other organization or individual may request the Trademark Review and Adjudication Board to declare such a registered trademark invalid. Where the Trademark Office makes a decision to declare a registered trademark invalid, the Trademark Office shall notify the interested party in writing. The party may, if dissatisfying with the decision made by the Trademark Office, apply for a review to the Trademark Review and Adjudication Board within fifteen days from the receipt of the notification. The Trademark Review and Adjudication Board shall make a decision within nine months from the receipt of the request for review and shall notify the party in writing. Where there are special circumstances that require an extension of time, the Trademark Review and Adjudication Board may make the decision in another three months with the approval from the administrative authority for industry and commerce under the State Council. The interested party may, if dissatisfying with the decision of the Trademark Review and Adjudication Board, institute legal proceedings with the people's court within thirty days from receipt of the notification.

Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receipt of the application for invalidation, notify the interested party in writing and request it or him to respond with arguments within a specified period. The Trademark Review and Adjudication Board shall make adjudication either to maintain a registered trademark or to declare a registered trademark invalid within nine months from the receipt of the request for invalidation and shall notify the interested party of the same in writing. Where there are special circumstances that require an extension of time, the Trademark Review and Adjudication Board may make the adjudication in another three months with the approval from the administrative authority for industry and commerce under the State Council. Where any party is dissatisfied with the adjudication of the Trademark Review and Adjudication Board, he may, within thirty days from receipt of the notification, institute legal proceedings with the people's court. The people's court shall notify the other party to the adjudication proceedings to participate in the legal proceedings as the third party.

Article 45.  Where a registered trademark stands in violation of the provisions of Article 13 paragraph two and three, Article 15, Article 16 paragraph one, Article 30, Article 31, or Article 32 of this Law, the earlier right owners or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. Where the registration has been made in bad faith, the owner of a well-known trademark shall not be bound by the five-year time limit.

The Trademark Review and Adjudication Board shall, after receipt of the request for declaring a registered trademark invalid, notify the interested party in writing and request it or him to respond with arguments within a specified period. The Trademark Review and Adjudication Board shall make adjudication either to maintain a registered trademark or to declare a registered trademark invalid within twelve months from the receipt of request for adjudication and shall notify the interested parties of the same in writing. Where there are special circumstances that require an extension of time, the Trademark Review and Adjudication Board may make the adjudication in another six months with the approval from the administrative authority for industry and commerce under the State Council. Where any party is dissatisfied with the adjudication of the Trademark Review and Adjudication Board, he may, within thirty days from receipt of the notification, institute legal proceedings with the people's court. The people's court shall notify the other party to the adjudication proceedings to participate in the legal proceedings as the third party.

In the procedure to examine the request for declaring a registered trademark invalid based on the provision of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the existing earlier right concerned shall be determined based on the result of another case which is heard by the People’s court or is handled by the administrative agency. The examination procedures shall be resumed after the causes of the suspension have been eliminated.

Article 46.  Where, at the expiration of the specified period, no party applies for review of the decision made by the Trademark Office of declaring a registered trademark invalid or institutes legal proceedings with the people's court against a reviewing decision, a adjudication of maintaining a registered trademark or declaring a registered trademark invalid of the Trademark Review and Adjudication Board, the decision of the Trademark Office or the reviewing decision or the adjudication of the Trademark Review and Adjudication Board shall come into effect.

Article 47.  Where a registered trademark is declared invalid pursuant to Article 44 or 45 of this law, the Trademark Office shall publish the invalidation, and the exclusive right to use the said trademark shall be deemed as not existing from the very beginning.

A decision or adjudication on declaring a registered trademark invalid shall have no retroactive effect on any judgment, order or mediation decision on any trademark infringement case made and already enforced by the people's court before the invalidation, nor on any decision on any trademark infringement case made and already enforced by the authority of administration for industry and commerce before the invalidation, and nor on any trademark assignment contract or trademark license contract already performed before the invalidation. However, the trademark registrant shall compensate any loss caused to another person due to its bad faith.

If, pursuant to the provisions of the preceding paragraph, the non-return of the monetary damage for trademark infringement, the fees for assignment of trademark, or the fees for licensing trademark is obviously contrary to the principle of equity, all or part of the preceding payments shall be returned.