Date of Promulgation: Apr 15, 2014
Implementation Date: May 01, 2014
Abolishment Date:
Policymaker:The State Administration For Industry & Commerce of PRC

（Provisional translation）

Administration for the Industry and Commerce & Market Supervision Bureau of All provinces, autonomous regions, municipalities directly under control of the central government, municipalities with independent planning status and sub-provincial cities:

Decision on the Amendment of the Trademark Law of the PRC comply withed by the fourth conference of the 12th Standing Committee of the National People’s Congress came into force on May 1, 2014. Interpretations concerning the relevant issues about the connection of the old law and new law are as below:

1.Trademark Registration

1.1 For the applications for trademark registration, opposition, alteration, transfer, renewal, removal, cancellation and licensing record submitted to the Trademark Office before May 1, 2014, the office shall refer to the amended law to make decisions. However, as for the subject qualification of the trademark opposition applicants and the opposition reasons, the office shall comply with the old law for reviewing.

1.2 For the applications for trademark registration, opposition and removal submitted to the Trademark Office before May 1, 2014, May 1, 2014 would be the beginning date of the review period. However, if the announcement period for the first instance of the opposed trademarks is less than three months up to May 1, 2014, the review period shall be scheduled from the last date of the announcement period.

2.Trademark Review

2.1 For the review applications submitted before May 1, 2014 to the Trademark Review and Adjudication Board for the rejected trademark while heard by the board after May 1, 2014, the board shall comply with the amended law.

2.2 For the review applications submitted before May 1, 2014 to the Trademark Review and Adjudication Board for the rejected trademark while heard by the board after May 1, 2014, the board shall comply with the old law concerning the subject qualification issue while referring to the amended law regarding other procedure and entity issues.

2.3 The involved party filed trademark dispute and review cancellation against registered trademark to Trademark Review and Adjudication Board (short as TRAB) before May 1st, 2014, and the TRAB settle down handling the cases after May 1st, 2014, related procedure issues is applicable to the new trademark law, while the prostatic issue is applicable to the old trademark law.
2.4 Trial duration of those trademark cases filed to TRAB before May 1, 2014 should be calculated upon May 1, 2014.

3.Trademark Supervision Management
3.1 Trademark infringement occurs before May 1, 2014, which is applicable to the old trademark. Trademark infringement occurs before May 1, 2014 and lasts after May 1, 2014, which is applicable to the new trademark.

3.2 It is applicable to new trademark law when applying ‘well-known trademark’ letters to products, the packages and containers, or using for advertising, exhibiting as well as other commercial activities. It is not true of the products that circulate in the market before May 1, 2014.

Trademark holder shall bear the responsibility for labeling the ‘well-known trademark’ letters on the products, packages or containers. And AIC where the right holder has his domicile shall investigate and punish the behavior of the right holder. AIC where the right holder does not have his domicile once catches the sight of the aforesaid behavior and could transfer the cases to the AIC which has jurisdiction over the right holder. Where if the right holder’s domicile is not within China or if there is jurisdictional disputes, State AIC shall designate specific AIC to investigate and punish the behavior.

SAIC
April 15, 2014