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News / General News

SAIC Notice on Implementing Amended Chinese Trademark Law

2014-04-18

Document of the State Administration for Industry and Commerce (SAIC)

Gong Shang Biao Zi No. 81 [2014]

Beijing EAST IP Law Firm presented

English Translation for Reference Merely

Attention: Provincial and autonomous regions, municipalities, planning cities, administrations of sub-provincial cities, market supervisory authorities

The Decisions on Amending the Chinese Trademark Law promulgated by the fourth meeting of the Twelfth Standing Committee of National People’s Congress shall come into effect on May 1, 2014. In order to implement the new Chinese Trademark Law, some issues of bridging the previous and new Chinese Trademark Law are hereby noticed as follows:

1. Trademark Registration 

(1) The application of trademark registration, opposition, modification, transfer, renewal, removal, cancellation and licensing which are filed with the Trademark Office (CTMO) before May 1, 2014 shall apply the new Chinese Trademark Law if such decision is rendered after May 1, 2014 (including May 1). However, the examination of the opponent’s qualification and opposition arguments in an opposition shall apply the previous Chinese Trademark Law.

(2) Where an application of trademark registration, opposition, cancellation is filed with the CTMO before May 1, 2014, the time limitation of examination shall be calculated from May 1, 2014. However, where the period from the publication date for preliminarily approval to May 1, 2014 is less than three months, the time limitation of examination shall be calculated from the expiration date of said publication.

2. Trademark Review and Adjudication

(1) Where the interested party is unsatisfied with the rejection decision rendered by the CTMO and decides to appeal to the Trademark Review and Adjudication Board (TRAB) before May 1, 2014, those cases adjudicated by the TRAB after May 1, 2014 shall apply the new Chinese Trademark Law.

(2) Where the interested party is unsatisfied with the opposition decision rendered by the CTMO and decides to appeal to the TRAB before May 1, 2014, for those cases adjudicated by the TRAB after May 1, 2014, qualification of interested party shall apply the previous Chinese Trademark Law while other procedural and substantive issues shall apply the new Chinese Trademark Law.

(3) For the registered trademark, where an interested party files an appeal of dispute and cancelation with the TRAB before May 1, 2014, for those cases adjudicated after May 1, 2014, the qualification of interested party shall apply the previous Chinese Trademark Law while other procedural and substantiveissues shall apply the new Chinese Trademark Law.

(4) Where the interested party applies for the review of the trademark with the TRAB before May 1, 2014, the time limitation of examination shall be calculated from May 1, 2014.

3. Trademark Supervision and Management

(1) Where the illegal trademark act occurs before May 1, 2014, the previous Chinese Trademark Law shall apply. If the illegal trademark act occurs before May 1, 2014 and continues after May 1, 2014, the new Chinese Trademark Law shall apply.

(2) Where the “well-known mark” wording is used on products, package or containers of products, or in advertisements, exhibitions, and other commercial activities, the new Chinese Trademark Law shall apply. However, exception exists where the “well-known mark” wording has already been used on products, package or containers of products, and has been distributed in the market before May 1, 2014.

If the “well-known mark” wording is used on products, package or containers of products, the owner of the well-know mark shall bear legal liability for violations of laws, and it shall be investigated by the Administration for Industrial and Commercial (AIC) where the trademark owner is domiciled. The AIC outside of the trademark owner’s domicile that discovered the foregoing violations shall transfer the case to the domiciliary AIC for investigation. If the domicile is outside of China’s territories, or there is dispute on jurisdiction, it shall be investigated by the AIC designated by the State Administration for Industry and Commerce (SAIC).

The State Administration for Industry and Commerce

April 15, 2014

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