By Ding Xianjie Yang Hua King & Wood Mallesons’ Trademark Group
According to Chinese Trademark Law, the party concerned in cases involving granting or determination of trademark rights against the decisions of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) must bring an administrative proceeding to the First Intermediate People’s Court of Beijing Municipality. The second instance made by the Higher People’s Court of Beijing ( “Beijing Higher Court“) is a final judgment.
Recently, Beijing Higher Court publishes the Guidelines of Trial of Administrative Cases Involving Granting and Determination of Trademark Rights (the “Guidelines“）, which includes 30 Articles concerning the issues on recognition and protection of well-known trademarks, recognition and protection of geographical indications, determination of confusion and misidentification, protection of prior rights of copyright and rights to names, as well as the relevant court trial procedures under circumstances that the business license of a party has been revoked but the party has not gone through the termination formalities of its company. The main points are as below.
Continue Reading Notice of the Higher People’s Court of Beijing on Guidelines for Trial of Administrative Cases Involving Granting and Determination of Trademark Rights