PRC Trademark Law (3rd Revision)
中华人民共和国商标法 (第三次修正)
September 10, 2013 | BY
clpstaff &clp articles &More efficient trademark registration under the new Trademark Law revision.
Promulgated: August 30 2013
Effective: May 1 2014
Main contents: The current revision further clarifies the meaning of “well-known trademark”, namely that it is a “trademark with which the relevant public is familiar”, and prohibits producers and business operators from using the words “well-known trademark” on goods or the packaging or container for such goods, or in advertising, publicity, exhibitions or other commercial activities.
Additionally, it intensifies the crackdown on bad-faith registration, prohibiting the bad-faith registration of a trademark of another that is clearly known, due to business dealings or other such relationship, to have been used first.
The problem of lengthy trademark registration is also addressed. According to the new revision, the time limit for a trademark examination by the Trademark Office for a registration application is nine months; and that for an examination decision on an opposition application is 12 months. The time limit for a review by the Trademark Review and Adjudication Board of a decision by the Trademark Office to dismiss an application and refuse gazetting is 9 months, and that for a review of a decision by the Trademark Office holding that an opposition is tenable and refusing to grant registration is 12 months.
clp reference:5100/13.08.30promulgated:2013-08-30effective:2014-05-01This premium content is reserved for
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