Protection of trademarks against registered identical or similar trademarks under Chinese trademark law

Seminar Paper , 2014 , 26 Pages , Grade: 90

Law - European and International Law, Intellectual Properties

It is an international standard in trademark law that the scope of protection for a trademark that has obtained the status “well-known” is supposed to reach beyond the scope of protection of regularly registered trademark that is not well-known.
In the People’s Republic of China (PRC), recent developments in Trademark Law are expected to strengthen the protection of well-known trademarks to an extend that deems this author to examine the relationship between a well-known trademark recognized in China and another parties identical or similar trademark that has been registered with the trademark office.

Table of Contents

A. What is a well-known trademark in China
I. Introduction to well-known trademarks
II. Overview of Chinese well-known trademark protection
1. Trademark rights based on registration
2. Recognition case-by-case
a) Shift from active certification to passive certification
b) Time limits on well-known trademark certification
c) Dual-track system
d) Presumption and proof of well-known status
e) Determining what trademark is well-known
aa) Requirement of high reputation
bb) Well-known outside of Mainland China
f) Local trademark offices
3. Bad faith
a) Art. 31 alt. 2 of the Trademark Law of 2001
b) Opposition to the CTMO
c) Deletion upon request to the TRAB
d) Conditions of well-known status or agent application?
e) Expanded Protection under art. 44 new Trademark Law

B. Conflicts with Prior Rights
I. Registered Trademarks as prior rights
1. Identical or similar products or services
2. Dissimilar products or services
II. Registrations obtained prior to the new Trademark Law

C. Thoughts on the Wanglaoji (王老吉)-Case

D. Conclusion

• College: China University of Political Science and Law (Chinese Law)
• Course: Intellectual Property Law, Prof. Dong Jingbo, Spring Term of 2014
• Grade: 90
• Author: Patric Werner (Author)
• Publication Year: 2014
• Pages: 26
• Catalog Number: V295814
• ISBN (eBook): 9783656937814
• ISBN (Book): 9783656937821
• Language: English
• Tags: Markenrecht, China, Gewerblicher Rechtsschutz, Intellectual Property, Trademark, Law, well-known trademark, Bekanntheitsmarke, bad faith, bösgläubig, Marke, Markenanmeldung