Circular Of The SAIC On The Implementation Of The Revised Trademark Law Of The People'S Republic Of China

< p > < strong > 1, concerning trademark > a href= "//www.sjfzxm.com/news/index_c.asp" > registration matters < /a > /strong > /p >

< p > (1) for the application for trademark registration, objection, alteration, pfer, renewal, cancellation, cancellation, license filing filed before the trademark office before May 1, 2014, the administrative decision made by the trademark office after May 1, 2014 (including May 1st and the same below) shall be applied to the amended trademark law.

However, the review of the trademark law before the objection is subject to the review of the main body qualifications and objection reasons.

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< p > (two) for the registration, objection and revocation application filed before the trademark office before May 1, 2014, the time limit for examination shall be calculated from May 1, 2014.

However, when a notice of first instance of a dissenting trademark is not released for three months until May 1, 2014, the time limit for examination shall be calculated from the date of the expiration of the notice.

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< p > < strong > two, regarding < a href= "//www.sjfzxm.com/news/index_c.asp" > Trademark Review < /a > /strong > /p >

< p > (1) if the parties refuse to accept the application for trademark registration rejected by the Trademark Office, the decision shall be submitted to the Trademark Review and Adjudication Board before May 1, 2014, and the Trademark Review and Adjudication Board shall apply the amended trademark law after May 1, 2014.

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< p > (two) for the objection ruling made by the party concerned against the trademark office before May 1, 2014, the application shall be submitted to the Trademark Review and Adjudication Board for review. After the Trademark Review Board has heard the case after May 1, 2014, the litigant's objection and the subject qualification of the review shall apply to the trademark law before revision, and other procedural problems and substantive questions shall apply the revised trademark law.

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< p > (three) for a registered trademark, the parties concerned will submit an application to the Trademark Review and Adjudication Board before May 1, 2014 to review the dispute and revoke the application. The Trademark Review Board will hear the case after May 1, 2014, and the relevant procedural problems shall apply to the amended trademark law.

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< p > (four) for the trademark review cases filed by the parties before the trademark review board before May 1, 2014, the time limit for trial shall be counted from May 1, 2014.

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< p > < strong > three, regarding trademark > a href= "//www.sjfzxm.com/news/index_c.asp" > supervision and management < /a > /strong > /p >

< p > (1) the illegal act of trademark occurs before May 1, 2014 and applies to the former trademark law. The illegal act of trademark occurs before May 1, 2014 and continues after May 1, 2014, and applies to the modified trademark law.

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< p > (two) the Trademark Law shall be applied to the act of applying the words "well-known trademarks" to commodities, commodity packages or containers, or in advertisements, exhibitions and other commercial activities.

However, except for the words "well-known trademarks" used in commodities, commodity packages or containers and entered the circulation area before May 1, 2014.

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< p > for the use of the words "well-known trademarks" in commodities, commodity packages or containers, the holders of well-known trademarks shall bear the responsibility for breaking the law and shall be investigated by the administrative department for Industry and commerce at their domicile place.

The administrative departments for Industry and Commerce other than the place of residence shall discover the above-mentioned illegal acts and pfer them to the administrative departments for Industry and commerce at their domicile places to investigate and punish them.

Where the place of residence is not in China or where disputes arise over the jurisdiction, the administrative department for Industry and Commerce designated by the State Administration for Industry and Commerce shall investigate and deal with it.

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