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Mai 02, 2016
Xiaoming Liu, Attorney-At-Law and Partner, Chofn Intellectual Property, China
This article was originally published in The Patent Lawyer Magazine March/April 2016

Judicial views on trademark confusion in China


Xiaoming Liu, Attorney-At-Law and Partner, Chofn Intellectual Property, China, This article was originally published in The Patent Lawyer Magazine March/April 2016In 2013, China revised its Trademark Law for the third time. The new Trademark Law provides in Article 57.2 that “use, without the permission of the trademark registrant, of a trademark that is similar to its registered trademark on identical goods, or use of a trademark that is identical or similar to its registered trademark on similar goods, where the same is likely to cause confusion” shall be infringement of the exclusive right to use a registered trademark. This is the first time for the concept “confusion” to be explicitly introduced into the law to determine read more