Not very far behind the Supreme People’s Court’s April 10 Judicial Interpretation, the State Administration for Industry and Commerce (SAIC) has published its transitional rules for implementation of the new trademark law, which comes into effect May 1, 2014. These transitional rules were published online on April 18. These rules are generally consistent with the April 10 JI.
Apart from important rules regarding applicable substantive and procedural rules for trademarks filed before May 1, the rules also stipulate the applicable law regarding administrative infringement actions. Generally speaking, if the infringing behavior occurred before May 1 but continued to occur after May 1, the new law will be applied. In addition, new product packaging and advertising for “well-known trademarks” should be in compliance with the new law effective May 1.