Article 9. Where a trademark is applied for registration, it shall be so distinctive as to be distinguishable and it shall not conflict with any other legal rights acquired earlier by others. (来源：英语学习门户网站EnglishCN.com)

　　The registrant of a trademark has the right to use the words of "registered trademark" or other registration sign to indicate that his or its trademark is registered.

　　Article 10. The following words or devices shall not 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; and those identical with the names of particular venues where the Central State government organizations are located, or with the names or graphs of the symbolic buildings or the Central State government organizations;

　　(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that consent has been given by the relevant country's government;

　　(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;

　　(4) those identical with or similar to official signs and hallmarks indicating control and warranty, except that the use thereof is otherwise authorized;

　　(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;

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

　　(7) those having the nature of exaggeration and fraud in advertising goods or services;

　　(8) those detrimental to socialist morals or customs, or having other unhealthy influences.

　　The geographical names as the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or as an element of a collective mark or a certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

　　Article 11. The following signs shall not be registered as a trademark:

　　(1) those which consist exclusively of generic names, designs or models of the goods in respect of which the trademark is used;

　　(2) those which consist exclusively of signs or indications that have direct reference to the quality, main raw materials, function, intended purpose, weight, quantity or other characteristics of goods or services;

　　(3) those which are devoid of any distinctive character.

　　Where trademarks under the preceding paragraphs have acquired distinctiveness through use and become easily distinguishable, they may be registered as trademarks.

　　Article 12. Where a three-dimensional sign is applied for the registration of a trademark, it shall not be registered if it consists exclusively of the shape which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods.

　　Article 13. A trademark that is applied for registration in identical or similar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of another party's well-known mark that is not registered in China and it is liable to create confusion.

　　A trademark that is applied for registration in non-identical or dissimilar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of a well-known mark which is registered in China, misleads the public, and the interests of the registrant of the well-known mark are likely to be damaged by such use.

　　Article 14. In determining whether a mark is well-known or not, the following factors shall be considered:

　　(1) the degree of knowledge of the relative public;

　　(2) the duration of use;

　　(3) the duration of time, degree and geographical range of any publicity of the mark;

　　(4) any record of the mark being protected as a well-known mark;

　　(5) other factors which makes the mark well-known.

　　Article 15. Where the agent or representative of a person who is the owner of a mark applies, without such owner's authorization, for the registration of the mark in his own name, if the owner opposes the registration applied for, the application shall be refused and the use of the mark shall be prohibited.

　　Article 16. Where a trademark contains or consists of a geographic indication which respect to goods not originating in the place indicated, misleading the public as to the true place of origin, the application for registration shall be refused and the use of the mark shall be prohibited. But for those marks that have obtained registration in good faith shall continue to be valid.

　　Geographical indications mentioned in the preceding paragraph are indications that identify a particular good as origination in a region, where a given quality, reputation or other characteristic of the goods is essentially attributable to its natural or human factors.

　　Article 17. Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.

　　Article 18. Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as recognized to be qualified for trademark agency by the State to act as his or its agent.

　　Chapter II. Application for Trademark Registration

　　Article 19. An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.

　　Article 20. Where any applicant for registration of a trademark intends to apply the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.

　　Article 21. Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.

　　Article 22. Where the sign of a registered trademark is to be altered, a new registration shall be applied for.

　　Article 23. Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.

　　Article 24. Any applicant for the registration of a mark in China who has previously duly filed an application to register the same mark in connection with the same goods in a foreign country may enjoy the right of priority in accordance with any agreement concluded between the PRC and the foreign country concerned, or with the international treaty to which both countries are parties, or on the basis of the principle of reciprocity, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country.

　　Anyone claiming the right of priority according to the preceding paragraph shall so state in writing at the time of filing the application and shall submit, within three months, a copy of the original in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.

　　Article 25. Where an application uses a trademark for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, he or it may claim the right of priority, provided he or it files an application for the registration of the mark within six moths from the date of the exhibition.

　　Anyone claiming the right of priority in accordance with the provision in the preceding paragraph shall so state in writing at the time of filing the application, and shall submit, within three months, the name of the exhibition, evidence certifying the use of the mark on the goods displayed, and documents validation the date of the exhibition. An applicant who fails to claim in writing or to submit the documents required within the specified period shall be deemed as not having claimed the right of priority.

　　Article 26. Matters declared and documents provided for the purpose of the application for the registration of a trademark shall be true, accurate and complete.

　　Chapter III. Examination for and Approval of Trademark Registration

　　Article 27. Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.

　　Article 28. Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another party that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.