Seattle Trademark Lawyer

Effective March 1, the judicial committee of the Supreme People’s Court of the People’s Republic of China adopted a new judicial interpretation speeding the time for courts to resolve trademark disputes and giving the owners of famous trade names and trademarks the ability to sue those who register the same or similar names or marks.

Beijing-based Wisdom IP Services recently translated the New Judicial Interpretation on Civil Disputes Over Registered Trademarks, Company Names and Conflicts of Prior Rights as follows:

“Objective: To correctly try cases of civil disputes over Registered Trademarks, Company Names and Conflicts of Certain Prior Rights, by taking judicial practices into account, New Judicial Interpretation are formulated in accordance with the Civil Procedure Act of PRC, the General Principles of the Civil Law of PRC, the Trademark Law of PRC, the Anti-unfair Competition Law of PRC and other relevant laws.

“Article 1. For a lawsuit filed on the ground that the character or graph used in the registered trademark of other party infringes upon the plaintiff’s copyright, design patent, company name or other prior right, if the lawsuit conforms to the provision of Article 108 of the Civil Procedure Law, the people’s court shall accept and hear the case. …

“Article 2. For a lawsuit is filed on the ground that a registered company used by other party is identical or similar to a prior registered company name of the plaintiff, which will bring confusion to the public on the commodity’s source of the defendant and thus is against Article 5(3) of the Anti-unfair competition law, if the lawsuit conforms to the provision of Article 108 of the Civil Procedure Law, the people’s court shall accept and hear the case.

“Article 3. The People’s Court should determine case brief for Civil Disputes Over Registered Trademarks, Company Names and Conflicts of Certain Prior Rights, in accordance with the Civil Case Brief Provisions (provisional), and apply suitable provisions, considering the claims of the plaintiff and the nature of the civil dispute.

“Article 4. If the company name of the defendant infringes the exclusive right of a registered trademark or falls into unfair competition, the people’s court should decide, according to the plaintiff’s appeal and the actual circumstances of the case, that the defendant must bear such civil liabilities as stop of use or proper use.”