Chinese trade mark law and practice is always changing. Here is an overview of recent developments.
Administrative Cases Involving Granting or Affirming Trade mark Rights
The Supreme People’s Court has issued its interpretations related to the hearing of granting and affirming trade mark rights. The broad interpretation of definitions in Chinese trade mark law to combat bad faith applications is a positive step. This includes:
Trade mark Examination Criteria
Jointly issued by the China Trade Mark Office (CTMO) and the Trade Mark Review and Adjudication Board (TRAB), the publication consists of ten chapters setting out the examination standards with explanations and examples. This includes the criteria for:
China Classification Guide on Similar Goods and Services 2017
The CTMO recently published an updated Chinese Classification Guide. In addition, three batches of non-standard but acceptable goods and services were issued in 2016. These non-standard items are updated from time to time but the changes will not be published. In future, any additional acceptable non-standard goods and services will only be made available by searching the official website. Therefore, it has become even more important for specification claims to be carefully checked before they are filed.
Trade Mark Review and Adjudication Board Practice
The TRAB is now reluctant to suspend the examination of an appeal against a refusal, pending the outcome of a non-use cancellation decision or the submission of a letter of consent. An administrative appeal to the Beijing IP Court is required. As a result, it has become more important to:
We will continue to share with you the most important changes coming out of the CTMO, TRAB and courts. If you have any queries about what has been covered, please speak to Rachel Tan or your usual Rouse contact.