Article 38 Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Use a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the registered trademark owner;

(2) selling goods that are knowingly counterfeit registered trademarks;

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(4) causing other damage to the exclusive right to use a registered trademark of others.

Article 39 Where one of the acts listed in Article 38 of this Law infringes on the exclusive right to use a registered trademark, the infringed party may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to immediately stop the infringement and compensate the infringed party for its losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may impose a fine. If a party refuses to accept the decision of the administrative department for industry and commerce to stop the infringement or impose a fine, it may bring a lawsuit to the people's court within 15 days from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.

Where the exclusive right to use a registered trademark is infringed, the infringed person may also directly bring a suit in a people's court.

Article 40 Whoever counterfeits another person's registered trademark, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed person.

Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.

Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.