Supreme People's Court, Provisions on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights (Draft for Public Comments)
最高人民法院关于审理商标授权确权行政案件若干问题的规定 (公开征求意见稿)
November 10, 2014 | BY
clpstaff &clp articles &Issued: October 14 2014Main contents: Where a party claims that a trademark applicant used improper means to preemptively register its trademark…
Issued: October 14 2014
Main contents: Where a party claims that a trademark applicant used improper means to preemptively register its trademark used first and that has a significant degree of influence, the people's court shall determine whether improper means were constituted by taking into consideration whether the applicant was well aware or ought to have been aware of the trademark and whether it had the malicious intent of taking advantage of the goodwill of the party's trademark.
Issued: October 14 2014
Main contents: Where a party claims that a trademark applicant used improper means to preemptively register its trademark used first and that has a significant degree of influence, the people's court shall determine whether improper means were constituted by taking into consideration whether the applicant was well aware or ought to have been aware of the trademark and whether it had the malicious intent of taking advantage of the goodwill of the party's trademark.
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