People's Courts Subjecting Rights in Registered Trademarks to Property Preservation Interpretation

关于人民法院对注册商标权进行财产保全的解释

An interpretation concerning relevant issues in people's courts subjecting rights in registrered trademarks to property preservation measures.

(Promulgated by the Supreme People's Court on January 2 2001 and effective as of January 21 2001.)

(最高人民法院于二零零一年一月二日公布，自二零零一年一月二十一日起施行。)

The following Interpretation concerning relevant issues in people's courts subjecting rights in registered trademarks to property preservation measures, is issued in order that property preservation mesasures against the rights in registered trademarks are carried out correctly and to avoid duplication of preservation.

为了正确实施对注册商标权的财产保全措施，避免重复保全，现就人民法院对注册商标权进行财产保全有关问题解释如下：

Article 1: When a people's court adopts property preservation measures pursuant to relevant provisions of the Civil Procedure Law, and such measures need to be carried out against the rights in a registered trademark, it shall send a notice to assist in execution to the Trademark Office of the State Administration for Industry and Commerce (TMO). The notice shall state the name, registrant and registration certificate number of the registered trademark against which the people's court is requesting assistance in execution from the TMO, the term of preservation and the particulars of the preservation for which assistance in execution is requested, including such matters as prohibiting the assignment or deregistration of the registered trademark, the amendment of the registered particulars, the registration of a pledge of the trademark rights, etc.


第一条  人民法院根据民事诉讼法有关规定采取财产保全措施时，需要对注册商标权进行保全的，应当向国家工商行政管理局商标局（以下简称商标局）发出协助执行通知书，载明要求商标局协助保全的注册商标的名称、注册人、注册证号码、保全期限以及协助执行保全的内容，包括禁止转让、注销注册商标、变更注册事项和办理商标权质押登记等事项。

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