Correction of Dissimilation of Well-known Trademarks Can Be Expected in the New Trademark Law in China
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The amendments of Chinese trademark law has been presented in last years, and we has been trying to update news on this matter. Here is the updated news about it.
Ten years have been passed away from the start of amending Chinese Trademark Law since 2003, after repeated amendments, the drafts finally be presented to the Committee of the National People’s Congress and would be thirdly discussed in the 12th meeting of Committee of the National People’s Congress holded on August 22 to 30. According to the normal, this draft would be supported in this meeting.
Informed sources, the standard of well-known trademark has been lower down in the drafts of third discussion to correct the dissimilation of definition of it. As we know before in the second drafts, if a trademark is known to the public and sustained used for years, the holder could request for law protection when infringed. But in the third discussion of the drafts that the evaluation standard of “sustained used” and “for years” have been removed because “known by the public” is much important and those two standard are not necessary.
That means, the well-known trademark will back to his normal duty as the weapon against to malicious registration and unfair completion, the dissimilation of remedy of well-known trademark to brand strategy will be corrected therefore.
ABOUT THE AUTHOR: Borsam IP & Law Firm
Borsam is a professional I.P. law office, which consists by I.P. attorney, patent attorney and trademark attorney with ten-year experience and cooperates with Taiwan professional patent/trademark attorney. Borsam establish a long cooperation with I.P. firms of more than fifty countries. Our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in China, Hong Kong, Taiwan, USA, Europe and worldwide.
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More information about Borsam IP Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Informed sources, the standard of well-known trademark has been lower down in the drafts of third discussion to correct the dissimilation of definition of it. As we know before in the second drafts, if a trademark is known to the public and sustained used for years, the holder could request for law protection when infringed. But in the third discussion of the drafts that the evaluation standard of “sustained used” and “for years” have been removed because “known by the public” is much important and those two standard are not necessary.
That means, the well-known trademark will back to his normal duty as the weapon against to malicious registration and unfair completion, the dissimilation of remedy of well-known trademark to brand strategy will be corrected therefore.
ABOUT THE AUTHOR: Borsam IP & Law Firm
Borsam is a professional I.P. law office, which consists by I.P. attorney, patent attorney and trademark attorney with ten-year experience and cooperates with Taiwan professional patent/trademark attorney. Borsam establish a long cooperation with I.P. firms of more than fifty countries. Our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in China, Hong Kong, Taiwan, USA, Europe and worldwide.
Copyright Borsam IP Law Firm
More information about Borsam IP Law Firm
View all articles published by Borsam IP Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
