China IPR

SAIC Solicits Comments on New Well Known Mark Provisions


The website of the State Council Legislative Affairs Office made the draft of the proposed changes to the SAIC rules on well known trademarks《驰名商标认定和保护规定》(修订征求意见稿) available for public comment on April 14 through its “ministerial rules” website portal, at:  Comments are due May 13, 2014.

These proposed rules clarify prior practice, and also require greater reporting and coordination.  For example, it requires reporting of a well known trademark infringement cases and greater supervision of these cases throughout the SAIC system, and provides for withdrawal of well known mark recognition if the recognition was granted based on false pretenses, in addition to supporting existing CTMO and TRAB procedures in this regard, and providing for rectification by supervising AIC’s when well known mark recognition was inappropriately granted at lower levels.  It also notes that not all factors identified in the Trademark Law (Art. 14.1) and implementing regulations regarding recognition of well known marks need to be proved in order for well known mark status to be determined.

Attached are non-official translations of the draft rule and the official explanation, as provided by USPTO.  Note also that these are ministerial rules, not State Council regulations, lest an undue hierarchical importance be attached to them: SAIC solicit opinions on revision of Provisions on Recognition and Protection of Well-known Trademarks.









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