Policies and Regulations

Chapter 8 Trademark Legislation

Updated: 2010-04-22 10:46

2. Regulating internal procedures of trademark work

CTMO aimed at serving the trademark applicants and owners in accordance with law. It enhanced system construction to ensure orderly operation of trademark work. By studying issues of regulating the administration of trademark agents, trademark transferal, trademark pledge, trademark opposition time limit, and application of law in enforcement cases, etc., CTMO completed its internal administrative procedure, and advanced trademark registration and administration.

SAIC drew up and published the Detailed Rules of SAIC for Determining Well-known Trademarks (the Detailed Rules hereafter), in order to perfect and regulate the procedure of identifying well-known trademarks, so that it became institutionalized, standardized, and law-based. According the requirement set forth in the Detailed Rules, CTMO and TRAB worked out the CTMO and SAIC Notice on the Specifications of Well-known Trademark Determination Cases respectively.

To meet the needs of social and economic development, SAIC declared Provisions on the Pledge of Registered Trademarks, based on related regulations in the Propery Law and the Guarantee Law. It supported enterprises with more financing channels, and helped them capitalize the intangible assets of trademarks. In 2009,204 registered trademarks were pledged, with the value of 10.146 billion yuan.

CTMO declared the Provisions on Issues about Trademark Ownership Transfer, completing the procedure of trademark transfer, and regulated related activities, so it was helpful in reduce disputes caused by trademark transfer.

3. Dealing with Administrative Reconsideration and Administrative Proceedings

In order to ensure administrative reconsideration and administrative proceedings be carried out smoothly, CTMO drew up and implemented the Work Procedure of CTMO for Administrative Reconsideration and Administrative Proceedings, which played an important role in regulating litigation and reconsideration activities. Altogether 48 administrative reconsideration cases and 20 cases of first instance and second instance were concluded in 2009.