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Supreme Court Published Opinions Concerning Issues on Trial of Administrative

The Supreme People's Court has recently printed and distributed the Opinions Concerning Issues on Trial of Administrative Cases on Determination of Trademark Right ("Opinions") to provide instructive opinions on several judicial examination standards for administrative cases on determination of trademark right.

 

The Opinions regulate that, in practice, though some signs or their components are of certain exaggeration, it is not sufficient enough to cause misleading due to the general public's daily life experience or relevant common sense. Under such circumstances, the court shall not determine such signs as ones with exaggerated publicity and fraudulence.

 

The Opinions formulate that, according to the provisions of the Trademark Law, the applicant may not preemptively register the trademarks that have been used by others and have certain influence already by improper means. Where the applicant clearly knows or ought to know that someone has already used a trademark and such trademark has certain influence and then preemptively register such trademark, such applicant may be determined as taking improper measures.

 

(Source: Daily Legislation Express)