Is it illegal to pass off an unregistered trademark as a registered one in China?

Yes, it is illegal. According to Article 52 of the Chinese Trademark Law, if an unregistered trademark is passed off as registered, or if the use of an unregistered trademark violates Article 10 of this Law, the local administrative department for industry and commerce shall order cessation of the illegal act, demand rectification within a prescribed period, and may issue a public notice. Where the amount of illegal business revenue exceeds 50,000 yuan, a fine of up to 20% of such revenue may be imposed. Where there is no illegal business revenue or the amount is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.

About Me

You can call me Laoliu (Liu Junwei). I’m a China trademark specialist, focusing on global clients’ brand protection in China since 2012. I run my own intellectual property agency in China — Tianjin Puyi Intellectual Property Agency Co., Ltd., short for PUYIZHICHAN, with our official website: https://en.puyizhichan.com. My core services cover all types of Chinese trademark agency services, including trademark registration, renewal, name and address changes, office action appeals, and defensive trademark filing across mainland China. Feel free to contact me for any inquiries about Chinese trademark matters or a free quotation, with no obligation to purchase.

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