2014
The publishing of the Draft Revision to the Revised Provisions on the Recognition and Protection of Well- known Trademarks
For the purpose of manifesting the legislative spirit and requirements of China’s New Trademark Law on the well-known trademark protection system, Trademark Office of the State Administration for Industry & Commerce of the People’s Republic of China (SAIC) and Trademark Review and Adjudication Board (TRAB) promulgated The Draft Revision to the Revised Provisions on the Recognition and Protection of Well-known Trademark. This Law shall be entered into force 30 days after the date of promulgation.
China’s new trademark law took effect on May 1st
China’s revised Trademark Law, set to strengthen intellectual property protection and ensure a fair market for trademark holders, has taken effect on May 1st. The amendment to the law has raised the compensation ceiling for trademark infringement to 3 million yuan (about 500,000 U.S. dollars), six times the previous limit. The new law mitigates trademark holders’ responsibility in providing proof of infringement, saying alleged offenders shall provide their account books or other materials for investigation. Otherwise, compensation could be determined according to amounts proposed by trademark holders. The legislation also provides that trademark agencies cannot accept entrustment if they know or should know that their clients are conducting malicious registration or infringing on the trademark rights of others. The law offers protection for well-known trademarks, giving owners the right to ban others from registering their trademarks or using similar ones. The words “renowned trademark” shall no longer be allowed in promotions or advertising. Sounds can be registered as trademarks as long as they are easily distinguishable and recognizable.
The State Council also published an amended version of the Trademark Law regulations, which has also gone into effect on May 1st, aiming at supplementing changes made in the Trademark Law in a more detailed manner.
Enterprises of Dongguan, Guangdong province may apply for pledge financing with trademark
Recently, Provisional Measures of Dongguan for Subsidization for Pledge Financing with Exclusive Right to Use Trademarks was deliberated and adopted at Executive Meeting of Dongguan Municipal Government of Guangdong Province. In future, enterprises would be able to apply for pledge financing with exclusive right to use trademarks in case of problems of capital chain. Dongguan thus becomes the first city of Guangdong Province that initiates subsidization for pledge financing with exclusive right to use trademarks.
The total amount of agricultural registered trademarks in China up to 1.25 million
In 2014 International Symposium on Brand and Agriculture Development, government officers, experts and entrepreneurs from 17 countries and areas conducted indepth discussions on issues such as development tend of global brand agriculture, development methods of China’s brands agriculture and etc. The statistics showed that the total amount of agricultural registered trademarks in China was 0.6 million at the end of 2008, however, up to end of 2013, the amount was up to 1.25 million, doubled in five years.
2014 China Trademark Festival successfully concluded
On November 10th 2014, the three-day China Trademark Festival (the Festival) was successfully concluded. According to incomplete statistics, by hosting ten forums, the Festival attracted around 5,000 related talents and professionals, including experts, scholars and government officials from around the world as well as officials from WIPO, who gathered in Suzhou discussing the implementation of trademark strategies, and exploring the way to accelerate the internationalization of Chinese brands. The exposition achieved on-site sales of 5 million yuan, and online sales of 150 million yuan, with exhibitors contributing orders of nearly 100 million yuan.
China regulated use of trademarks
China was considering elimination of trademarks that copy names of well-known brands or figures in a bid to curb right infringement. The courts would uphold the Patent Review Committee’s decision to nullify trademarks that are the same or similar to well-known places and trademarks already in use, according to a judicial interpretation released on November 4th by the Supreme People’s Court to solicit public opinion. The courts would also reject individual applications for a large number of trademarks, which was also aimed at unifying trial standards for the courts when dealing with trademark disputes. The behavior of using public figure’s names as trademarks without their permission could not be allowed, so was the behavior of using the names of the dead without getting approval from their inheritors.
SAIC promoted trademark protection
SAIC stated clearly that the focus in terms of market supervision would be protecting trademarks’ exclusive rights, combating unfair competition, examining online marketplaces and supervising cooperate credits. SAIC planned to take notable trademarks, geographical indications and foreign trademarks as priority to strengthen trademark enforcement. At the same time, it would focus on trade secret theft in areas such as pharmaceuticals and machinery, and combat online counterfeits. In regards with credits control, it would regularly announce the list of companies with serious violations.
Top trademarks recognized
A hundred and twenty trademarks were recognized as having the most potential in China in 2013 by China Industry & Commerce News and China Consumers magazine at the end of July. The trademarks were judged on their performance last year and 100 of them were home-developed. The half-year campaign received 666 trademark candidates from 30 provinces and regions across China. The trademarks covered 12 industries including electronics, clothing, cosmetics, furniture, jewelry and drinks.
Motor trademark transfer
Local automaker Changan Automobile Co., (Changan) recently reached an agreement with Guangzhou GAC Motor, purchasing a trademark for 3 million yuan ($482,680). Changan was granted a V-shaped trademark in 2012, but GAC Motor had a similar trademark registered before that, which was not used on a product. Both sides started to negotiate the trademark transfer last year. Changan’s President Zhu Huarong said the transfer was a win-win result.
The application for Sound Trademark from Hengyuanxiang Accepted
May 4th was the first weekday after the implementation of new Chinese Trademark Law. People were crowded into the Trademark Office. Enterprises and trademark agencies across China，including Shanghai Hengyuanxiang Group， scrambled to register China’s first sound trademark. It was reported that the trademark agent of Hengyuanxiang Group has filed an application of sound trademark on its classic sound. The Trademark Office accepted the application on the same day. It was expected to obtain the registered trademark in no more than 9 months.
