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Notice of the State Administration for Industry and Commerce on some Issues concerning the Implementation of the Amended Trademark Law of CN (2014)

To: the administrations for industry and commerce of Providences, autonomous regions, cities under direct monopoly of the Central Government, cities with separate plans or cities below the provincial level and the market supervision administrations

The “Decision on Amending the Trademark Law of the People's Republic of China” adopted at the 4th session of the Standing Committee of the 12th National People's Congress shall be executed from May 1, 2014. For the implementation of the amended Trademark Law of the People's Republic of China (“the Trademark Law”), we now issue a notice on some issues concerning the connection between the old and new trademark laws.

1. Trademark registrations
1) For applications for trademark registration, opposition, change, assignment, renewal, cancellation, invalidation and license recordal filed to the Trademark Office before May 1, 2014, the amended Trademark Law shall apply to the administrative decisions made by the Trademark Office after May 1, 2014 (including May 1), while the Trademark Law before amendment shall apply to the examination of the opponent’s capacity as a subject and the grounds for opposition.

2) For applications for trademark registration, opposition and cancellation filed to the Trademark Office before May 1, 2014, the examination term shall start on May 1, 2014. But the examination term shall start from the expiration date of the publication, if to May 1, 2014, the three-month publication period of the opposed mark which has been preliminarily published has not expired.

2. Trademark review and adjudication
1) If the parties concerned are dissatisfied with the refusal decisions made by the Trademark Office and file reviews with the Trademark Review and Adjudication Board before May 1, 2014, and the Trademark Review and Adjudication Board examines the said cases after May 1, 2014, the amended Trademark Law shall apply in such cases.

2) If the parties concerned are dissatisfied with the opposition decisions made by the Trademark Office and file reviews with the Trademark Review and Adjudication Board before May 1, 2014, and the Trademark Review and Adjudication Board examines the said cases after May 1, 2014, the Trademark Law before amendment shall apply to the parties’ capacity as a subject in the opposition and in the review on opposition; the amended Trademark Law shall apply to the other procedural and substantial issues.

3) If the parties concerned file an invalidation action or a review on cancellation application against registered marks with the Trademark Review and Adjudication Board before May 1, 2014, and the Trademark Review and Adjudication Board examines the said cases after May 1, 2014, the amended Trademark Law shall apply to the relevant procedural issues; the Trademark Law before amendment shall apply to the substantial issues.

4) Examination term shall start on May 1, 2014 for the applications for review filed to the Trademark Review and Adjudication Board before May 1, 2014.

3. Trademark supervision
1) The Trademark Law before amendment shall apply to trademark violations that occurred before May 1, 2014. The amended Trademark Law shall apply to trademark violations that occurred before May 1, 2014 and lasted after May 1, 2014.

2) The amended Trademark Law shall apply to the use of “well-known trademarks” on products, packages, containers, advertising and promotion, exhibitions and other commercial activities, with the exception of the products, packages and containers bearing “well-known trademarks” that entered into the market before May 1, 2014.

The holder of the well-known trademarks which are used on goods, packages or containers shall bear liabilities and shall be dealt with by the local administrations for industry and commerce. If administrations for industry and commerce in other areas find such violations, they shall transfer the same to the local administrations. Holders located outside China or disputes over jurisdictions shall be dealt with by the administrations for industry and commerce designated by the State Administration for Industry and Commerce.

the State Administration for Industry and Commerce

April 15, 2014