The 3 rd Amendment of the P. R. China Trademark Law 19 th Annual Fordham Intellectual Property Law & Policy Conference April 29, 2011 Du Ying, Ph.D. Professor of Law School of Law - Huazhong University of Science & Technology Wuhan, Hubei, P.R.C.
Contents Timeline Amendments
Timeline 1982 Trademark Law (Revised in 1993, 2001) 3 rd Amendment I Drafted by State Administration for Industry and Commerce (SAIC) 2003 II Sent to Legislative Affairs Office of the State Council 2010 III To be examined and passed by Standing Committee of the National People’s Congress ?
3 Amendments 11 Chapters with 142 articles v. 8 Chapters with 64 articles I Extending trademark protections II Simplifying the proceedings
Amendment I Extending trademark protection Points Non- tradition al marks Corresponding provisions Art. 6 Based on practical situations, Trademark Office may grant registration on marks other than traditional signs. Senior use Art. 17 Nobody can obtain registration of marks identical or similar to marks previously used by others if the applicant knows or should know of the senior use. Dilution Art. 19 Registration or use of a mark that is identical or substantially similar to a previously registered famous mark should be forbidden when it will lead to the improper use of or injury to the uniqueness or reputation of the famous marks.
5 Amendment II Simplifying the proceedings Points Corresponding provisions Art. 35 A prior rights holders may go to Court directly, should its rights be infringed by a trademark registration applicant’s proposed mark. The court’s decision shall bind the Trademark Office. Prior rights Art. 56 When the court has revoked the decision of the Trademark Review Board, its opinion should be stated in the judgment and followed by the Trademark Review Board while issuing its rehearing decision. Judicial decisio n’s impact Time limitati on on examin ation Art. 37 Examination of the application for trademark registration must be completed within 12 months of the filing date.
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