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Amendments to Trademark Laws

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Sep 16, 2014 (Newsletter Issue 14/14)
China
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New Regulations on Well-Known Trademarks


On 3 July 2014, the State Administration for Industry and Commerce (SAIC) published the revised Regulations on Recognition and Protection of Well-Known Trademarks (the Regulations) which replaces the 2003 regulations. It became effective from 2 August 2014.

Article 14 of the new China Trademark Law stipulates the factors to be considered in affirming well-known status of a mark, and it also provides clarification on the venues for asserting well-known mark rights, including China Trademark Office (CTMO), China Trademark Review and Adjudication Board (TRAB), and the relevant courts designated by the Supreme Court of the People's Republic of China.

The Regulations are interpreted in respect of administrative recognition made by the CTMO and the TRAB, under the SAIC. Some important contents are the definition of the well-known trademarks, the venues for administrative recognition of well-known status of a mark, applicable principle as well as clarifications concerning acceptable evidentiary materials.

For further information, please see the article on 'New regulations on recognition and protection of well-known trademarks' from our Gold partner Peksung here.

Source: Peksung Intellectual Property Ltd., China