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On
October 27, 2001, the National People's Congress issued the
revised PRC Trademark Law and with effect from December 1, 2001,
some of the significant changes are as follows:-
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| 1. |
Expansion
on the Definition of Trademark
In article 8, the definition of Trademark has been extended
to include words, designs, characters, numerals, three-dimensional
signs, colour combinations, and any combination thereof.
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| 2. |
"Well-known"
Trademark
Article 14 supplements the existing regulations governing
"well-known" trademarks by stipulating that the following
factors should be considered in determining whether a trademark
is well-known.
(a) Reputation / goodwill
(b) Length of use
(c) Publicity
(d) History of protection
(e) Other important factors
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| 3. |
Right
of Priority
In article 25, applicants for trademark registrations enjoy
the right of priority if they file applications in PRC within
6 months of filing applications for the same trademarks for
similar goods or services in a foreign country; or from the
date on which the trademarks were first used on goods or services
exhibited in an international exhibition organized or recognized
by PRC government.
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| 4. |
Malicious
and Unfair Registrations
Article 31 provides that applications for trademark registrations
shall not damage the prior rights of a third party, nor shall
applicants unfairly register influential trademarks that have
been used by a third party. The article empowers the Trademark
Office has the right to object to unauthorized (malicious) trademark
registrations.
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| 5. |
Other
Revisions
- Natural persons
may apply for trademarks registrations;
- Collective
and Certification trademarks may now be registered;
- Dissatisfied
applicants may now appeal the decisions of the Trademark
Review and Adjudication Board to the People's Court; and
- Applications
may now be made to cancel or dispute trademark registrations
within 5 years from their dates of registration.
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