Sshenzhen truer ip

Industry & commerce administration bureaus/Market supervision administration bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, and sub-provisional cities,

The Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China approved at the 4th Session of the Standing Committee of the 12th National People's Congress will become effective as of May 1, 2014. Issues concerning the differences and connections between the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) before and after the amendment are hereby clarified to facilitate the implementation of the amended Trademark Law.

I. About Trademark Registration

1. For trademark registration, opposition, change, transfer, renewal, revocation, cancellation, and licensing & filing applications made to the Trademark Office before May 1, 2014, administrative decisions by the Trademark Office on or after May 1, 2014 (including May 1) shall be made in accordance with the amended Trademark Law. However, review of trademark opposition entity qualifications and reasons shall be conducted in compliance with the Trademark Law before the amendment.

2. For trademark registration, opposition, and revocation applications made to the Trademark Office before May 1, 2014, the examination time period starts on May 1. However, for trademarks against which opposition proceedings are taken, if it will not have been three months since the preliminary announcement date by May 1, 2014, the examination time period starts on the date of the announcement period expiration.

II. About Trademark Review

1. In the situation where the interested parties are dissatisfied with the trademark registration rejection decision made by the Trademark Office and make the reexamination application before May 1, 2014 to the Trademark Appeal Board that begin the reexamination proceedings after May 1, 2014, the amended Trademark Law prevails.

2. In the situation where the interested parties are dissatisfied with the trademark opposition ruling made by the Trademark Office and make the reexamination application before May 1, 2014 to the Trademark Appeal Board that begins the reexamination proceedings after May 1, 2014, the review of the opposition and reexamination entity qualifications shall be conducted in compliance with the Trademark Law before the amendment. Other procedural and substantive issues shall be handled in accordance with the amended Trademark Law.

3. For trademarks that have been registered, if the interested parties make applications for adjudication on disputed trademark registration or reexamination of trademark revocation before May 1, 2014 to the Trademark Appeal Board that begins relevant proceedings after May 1, 2014, relevant procedural issues shall be handled in compliance with the amended Trademark Law and substantive issues in compliance with the Trademark Law before the amendment.

4. Regarding trademark review cases for which the interested parties make review applications to the Trademark Appeal Board before May 1, 2014, the trial period starts on May 1, 2014.

III. About Trademark Supervision

1. Trademark Law violations committed before May 1, 2014 are subject to the Trademark Law before the amendment. For trademark law violations that start before May 1, 2014 and continue until after May 1, 2014, the amended Trademark Law prevails.

2. For cases involving the use of words like "Famous Trademark" on commodities or their packages or containers, or for advertising, exhibition, or other commercial activities, the amended Trademark Law is applicable. However, the cases where commodities marked with words like "Famous Trademark" on them or on their packages or containers are put onto market before May 1, 2014 are not included.

For cases where commodities or their packages or containers are marked with words like "Famous Trademark", the trademark holder shall be held legally responsible. The local administrative authorities for industry and commerce are responsible for taking investigation and disciplinary actions. If trademark law violations are identified by the administrative authorities for industry and commerce in other places than where the violator resides, the cases shall be transferred to the local administrative authority for industry and commerce. If the violator does not reside inside China or if there is a dispute over the jurisdiction, the administrative authority designated by the State Administration for Industry & Commerce of the People's Republic of China (SAIC) is responsible for taking the investigation and disciplinary actions.

SAIC

April 15, 2014