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Amendments to Trademark Laws

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07-11-2017 (Newsletter Issue 13/17)
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Provisions on Trademark Judicial Interpretation in Forc...

The Supreme People's Court (SPC) adopted the "Provisions on Several Issues Concerning the hearing of Administrative Cases Involving the Granting and Affirmation of Trademark Rights" which became effective on March 1, 2017. This long-awaited Provisions concern the revised trademark law.

The Provisions bring useful guidance for the Beijing IP Court (1st instance) and the Beijing High Court (2nd instance), in relation to appeals filed against decisions of the Trademark Review and Adjudication Board (TRAB).

The 31 articles of these Provisions address a variety of situations, the main ones being related to “absolute grounds” of refusal, “relative grounds” of refusal, “bad faith” applications, other prior rights (copyright, name right etc.), the “use” of a trademark, and several procedural issues.

For further information please check the article of Wan Hui Da Law Firm here

Source: Wan Hui Da Law Firm, China