2010
Problems of trademark examination backlogs resolved
China had thoroughly resolved the problem of trademark examination backlogs and the time it took to process a trademark application had been reduced to less than a year from the previous three years when the expedited approach was not employed.
Before 2008, the volumes of trademark applications being examined were all below the numbers of applications received in the same year. It was not until 2008 that the historic change happened.
SAIC regulated trademark examination standards
In order to support domestic SMEs The Trade Mark Office firstly publicized the examination standards for trademarks containing Chinese characters “中 国” or the initial of which is the character “国”. It was informed that all the applications for trademarks in the format of “国 +the name of merchandise bearing the trademark” or the name of the trademark containing “国+the name of merchandise bearing the trademark” such as “国酒,” “国烟” and “国茶” would be rejected due to exaggerating publicity and fraudulence, lack of notable characteristics and bad influence.
50,000 trademark related cases investigated
On the occasion of two-year anniversary of the implementation of Outline on National IP Strategy, the reporter learnt from SAIC that in 2009, China investigated 51,044 cases related to trademarks, decreasing by 9.87%, indicating the improvement of the protection environment of trademark exclusive rights. According to the relevant principal of the Trademark Office, in 2009, the applications for trademark registration reached 830,500, up 18.96% and reaching the record high. As of the end of 2009, the accumulated number of the filings for trademark registration was 7,222,500.
Trademark-related cases increased
In recent years, judicial cases over trademark in China kept increasing, said Xia Junli, Chief Justice of IPR Tribunal of the Supreme People’s Court at 2010 China IPR Summit Forum. In 2009, the courts in the nation received 6906 pieces of trademark-related civil cases of first instance, increasing by 10.8% compared with 2008 and up 79.1% compared with 2007; the trademark-related administrative cases of first instance heard in the courts were 392 pieces in 2007, 484 pieces in 2008, while in 2009, the number hit 1,376 pieces, rising by 284.3% compared with 2008.
Judicial explanations on patent and trademark rights grants and determinations to be drafted out
2010 China IPR Protection Action Plan elaborated 164 concrete measures and the plan also disclosed that the Supreme People’s Court would draft out judicial explanation or standard documents for the trial of the cases involving patent and trademark rights grants and determinations. In respect of IPR legislation, in 2010, China would amend or institute 23 laws, regulations and provisions related to patents, trademarks, copyrights and new plant varieties.
China registered and examined 771 geographical indications
It was learnt from the Trademark Office that, up to December 31st 2009, China had registered and preliminarily examined 771 Geographical Indications (GI). GI products have the characteristic of non-replacement, and similar products produced outside the area would not have these characteristics.
In recent years, SAIC fully performed their functions, and actively guided application for registration of GI, established a “green channel” for GI application, shortened appraisement cycle, and made the GI registration and preliminary examination amount 6 increase significantly.
