Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation
Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation
Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation
Fa Shi [2017] No.2
January 10, 2017
The Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation adopted at the 1,703rd meeting of the judicial committee of the Supreme People's Court on December 12, 2016, are hereby promulgated for implementation as of March 1, 2017.
Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation
(Adopted by the Judicial Committee of the Supreme People's Court at its 1,703th meeting on December 12, 2016 for implementation as of March 1, 2017)
In order to correctly judge administrative cases of trademark right licensing and confirmation, the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation (these "Provisions") are hereby formulated in accordance with the Trademark Law of the People's Republic of China and the Law of the People's Republic of China on Administrative Proceedings and other relevant laws and regulations and in combination with the judgment practice.
Article 1 For the purpose of these Provisions, an administrative case involving trademark right licensing and confirmation refers to a case instituted in the people's court by a counterpart or stakeholder due to his objection to administrative acts carried out by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the "Board"), including review of a refused trademark, review of objection to registration of a trademark, review of trademark cancelation, announcement of trademark invalidity and review of a trademark announced to be invalid.
Article 2 The people's court generally determines the scope of review of whether the administrative acts of trademark right licensing and confirmation are legal based on the plaintiff's claims and reasons. For a claim made by the plaintiff in the review phase, if it is not put forward in the lawsuit but is obviously wrongly identified in the specific administrative act carried out by the Board, the people's court may review and make a judgment on the incorrect act after listening to the statement of opinions by the parties.
Article 3 The term "identical or similar to the State name and others of the People's Republic of China" as provided in Item 1, Paragraph 1 of Article 10 of the Trademark Law means that the sign of a trademark is identical or similar to the State name and others as a whole.
For a sign that contains the State name and others of the People's Republic of China but on the whole is not identical or similar thereto, the people's court can identify it belongs to the circumstance as described in Item 8, Paragraph 1 of Article 10 of the Trademark Law if the registration of such sign as a trademark may lead to abuse of State dignity.
Article 4 Where any signs or components thereof are deceptive, which easily make the public misunderstand the quality of goods and other characteristics or origin, and the Board confirms that they fall within those stipulated in Item 7, Paragraph 1 of Article 10 of the Trademark Law as revised in 2001, the people's court shall offer support.
Article 5 In the event that any sign or component of a trademark may have negative and adverse impacts on China's social and public interests and public order, the people's court may identify it as "other adverse effects" as mentioned in Item 8, Paragraph 1 of Article 10 of the Trademark Law.
The application for registering the name and others of public figures in politics, economy, culture, religion, ethics and other fields as a trademark belongs to "other adverse effects" as mentioned in the preceding paragraph.
Article 6 In the event that trademarks consisting of geographic names of administrative division above the prefectural level or well-known foreign geographic names and other components have a meaning different from that of a geographic name on the whole, the people's courts shall deem that it does not fall under the circumstance as stated in Paragraph 2 of Article 10 of the Trademark Law.
Article 7 The people's court shall, based on the common knowledge of the relevant public about the commodities on which the disputed trademark is designated to be used, review and judge whether the trademark possesses conspicuous characteristics on the whole.
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Fa Shi [2017] No.2
January 10, 2017
The Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation adopted at the 1,703rd meeting of the judicial committee of the Supreme People's Court on December 12, 2016, are hereby promulgated for implementation as of March 1, 2017.
Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation
(Adopted by the Judicial Committee of the Supreme People's Court at its 1,703th meeting on December 12, 2016 for implementation as of March 1, 2017)
In order to correctly judge administrative cases of trademark right licensing and confirmation, the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Trademark Right Licensing and Confirmation (these "Provisions") are hereby formulated in accordance with the Trademark Law of the People's Republic of China and the Law of the People's Republic of China on Administrative Proceedings and other relevant laws and regulations and in combination with the judgment practice.
Article 1 For the purpose of these Provisions, an administrative case involving trademark right licensing and confirmation refers to a case instituted in the people's court by a counterpart or stakeholder due to his objection to administrative acts carried out by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the "Board"), including review of a refused trademark, review of objection to registration of a trademark, review of trademark cancelation, announcement of trademark invalidity and review of a trademark announced to be invalid.
Article 2 The people's court generally determines the scope of review of whether the administrative acts of trademark right licensing and confirmation are legal based on the plaintiff's claims and reasons. For a claim made by the plaintiff in the review phase, if it is not put forward in the lawsuit but is obviously wrongly identified in the specific administrative act carried out by the Board, the people's court may review and make a judgment on the incorrect act after listening to the statement of opinions by the parties.
Article 3 The term "identical or similar to the State name and others of the People's Republic of China" as provided in Item 1, Paragraph 1 of Article 10 of the Trademark Law means that the sign of a trademark is identical or similar to the State name and others as a whole.
For a sign that contains the State name and others of the People's Republic of China but on the whole is not identical or similar thereto, the people's court can identify it belongs to the circumstance as described in Item 8, Paragraph 1 of Article 10 of the Trademark Law if the registration of such sign as a trademark may lead to abuse of State dignity.
Article 4 Where any signs or components thereof are deceptive, which easily make the public misunderstand the quality of goods and other characteristics or origin, and the Board confirms that they fall within those stipulated in Item 7, Paragraph 1 of Article 10 of the Trademark Law as revised in 2001, the people's court shall offer support.
Article 5 In the event that any sign or component of a trademark may have negative and adverse impacts on China's social and public interests and public order, the people's court may identify it as "other adverse effects" as mentioned in Item 8, Paragraph 1 of Article 10 of the Trademark Law.
The application for registering the name and others of public figures in politics, economy, culture, religion, ethics and other fields as a trademark belongs to "other adverse effects" as mentioned in the preceding paragraph.
Article 6 In the event that trademarks consisting of geographic names of administrative division above the prefectural level or well-known foreign geographic names and other components have a meaning different from that of a geographic name on the whole, the people's courts shall deem that it does not fall under the circumstance as stated in Paragraph 2 of Article 10 of the Trademark Law.
Article 7 The people's court shall, based on the common knowledge of the relevant public about the commodities on which the disputed trademark is designated to be used, review and judge whether the trademark possesses conspicuous characteristics on the whole.
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