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The Notice of the Supreme People's Court on Issuing the Opinions on Several Issues Concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights

Since the Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China came into force on December 1, 2001, the people's courts started accepting and hearing cases about the authorization and determination of trademark rights as brought by the interested parties for the review of rejection of trademark registration applications, review of objections against trademarks, review of trademark disputes, review of cancellation of trademarks and other specific administrative acts made by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, have actively explored issues concerning the application of law in the trial of these cases, and have accumulated a lot of judicial experiences. To better try administrative cases about the authorization and determination of trademark rights, further summarize judicial experiences, and clarify and unify the standards for hearing such cases, the Supreme People's Court held many symposiums and launched many investigation and research activities to hear advices from the relevant courts, departments, experts and scholars, and have researched on and summarized the application of law in the trial of administrative cases about the authorization and determination of trademark rights. Based thereon, and according to the Trademark Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other relevant laws and regulations, the Supreme People's Court presents the following opinions in light of the actual situations of the adjudicative work.

For Chinese translation click here

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Document type: China IP Law
Categories: Trademarks
Tags: Administrative Management | China Trademark Law
Making body: Supreme People’s Court (SPC)
Law Type: judicial interpretations
Effective Start Date: 20 Apr 2010
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