The 3rd Amendment of the P. R. China

Trademark Law

19th Annual Fordham Intellectual Property Law & Policy Conference April 29, 2011

Du Ying, Ph.D.Du Ying, Ph.D.Professor of LawProfessor of LawSchool of Law - Huazhong University of School of Law - Huazhong University of Science & TechnologyScience & TechnologyWuhan, Hubei, P.R.C.Wuhan, Hubei, P.R.C.

Contents

Timeline

Amendments

Timeline1982 Trademark Law (Revised in

1993, 2001)3rd AmendmentI Drafted by State Administration for

Industry and Commerce (SAIC) 2003II Sent to Legislative Affairs Office of the

State Council 2010III To be examined and passed by

Standing Committee of the National People’s Congress ?

4

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-traditional 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.

DilutionArt. 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.

6

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 decision’s impact

Time limitation on examination

Art. 37 Examination of the application for trademark registration must be completed within 12 months of the filing date .

Thank you!谢谢！