SPC issues interpretation on jurisdiction and application of amended Trademark Law
The Supreme People’s Court has issued its interpretation on issues of jurisdiction and the application of the amended Trademark Law. This interpretation came into effect on May 1 2014.
Three additional types of trademark cases over which the People’s Court has jurisdiction have been added, namely:
- cases involving a declaratory judgment for non-infringement of the exclusive right to use a trademark;
- cases involving a contractual dispute over a trademark agency appointment; and
- cases involving the liability for damages resulting from an application to cease infringement of the exclusive right to use a trademark.
The manner in which the amended Trademark Law will be applied is set out in the table below. The authors have added comments in parenthesis to help clarify the circumstances described in the articles.
Article | Type of case | Law to be applied by the People's Court |
Article 5 | Application to register or renew a trademark filed before May 1 2014. The China Trademark Office (CTMO) issues decision refusing to accept the application (on formality issues) or the renewal after May 1 2014. Administrative litigation proceedings instituted before the People’s Court | Amended law |
Article 5 | Application to oppose a trademark filed before May 1 2014. The CTMO issues decision refusing to accept the opposition (on formality issues) after May 1 2014. Administrative litigation proceedings instituted before the People’s Court | Previous law |
Article 6 | Application for review at the Trademark Review and Adjudication Board (TRAB) of an appeal against the refusal of a trademark or opposition filed before May 1 2014. The TRAB issues decision after May 1 2014. Administrative litigation proceedings instituted before the People’s Court | Amended law |
Article 6 | The TRAB allows the registration of the opposed mark in the opposition appeal after May 12014. The opponent institutes administrative proceedings | The case will be dismissed |
Article 6 | Application for review at the TRAB of an appeal against the refusal of a trademark or opposition filed before May 1 2014. The TRAB decides not to approve the registration after May 1 2014. Administrative litigation proceedings instituted before the People’s Court. Examination of right to institute litigation and legal standing (of opponent) |
|
Article 7 | Application in relation to a registered trademark (cancellation) filed before May 1 2014. The TRAB accepts case before May 1 2014, but makes a decision after May 1 2014. Administrative litigation proceedings instituted before the People’s Court | Examination of procedural issues by the People’s Court - amended law |
Article 8 | Trademark cases accepted before May 1 2014. The CTMO or the TRAB makes a decision after May 1 2014. Administrative litigation proceedings instituted before the People’s Court | Calculate statutory time limits for examination from May 1 2014 |
Article 9 | Civil trademark cases accepted by the People’s Court after May 1 2014, but the acts took place before May 1 2014 For acts which took place before May 1 2014, but continued after May 1 2014 | Previous law Amended law |
The Administration for Industry and Commerce's implementation of the amended Trademark Law
Article | Type of case | Law to be applied by the CTMO or the TRAB |
Article 1.1 | CTMO decision concerning an application, opposition, change of name or address, renewal or cancellation filed before the implementation of the amended law. CTMO decision issued after May 1 2014 | Amended law but legal standing of opponent and legal grounds based on previous law |
Article 1.2 | For application, opposition or cancellation filed before May 1 2014, calculate statutory time limits for examination from May 1 2014 But if there is less than three months from the date a trademark is published for opposition purposes to May 1 2014, calculate statutory time limit for examination from the completion of the three-month opposition period | _ |
Article 2.1 | Appeal to the TRAB against the refusal of trademark application filed before May 1 2014, but examined after May 1 2014 | Amended law |
Article 2.2 | Appeal to the TRAB against an opposition filed before May 2014, but examined after May 1 2014 | Legal standing of opponent - previous law |
Article 2.3 | Non-use cancellation appeal and improper registration cancellation filed with the TRAB before May 1 2014, but examined after May 1 2014 | Procedural issues – amended law |
Article 2.4 | All cases filed before the TRAB before May 1 2014 | Calculate statutory time limits for examination from May 1 2014 |
Rachel Tan and Hatty Cui, Rouse, Beijing
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