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Outline of the new regulations

By Zhang Yi | China Daily | Updated: 2017-02-14 07:46

They will provide guidance to courts hearing cases of trademark authorization, especially those related to complaints about decisions previously made by the trademark review and adjudication board at the State Administration for Industry and Commerce, such as the rejection of an application to register a trademark, or the invalidation of a trademark.

An abusive registration of a trademark can be identified by the courts when the trademark has been used by another entity and enjoyed a certain degree of popularity, which should be proved by the sales volume or a certain amount of advertising in a region during a certain period of time.

Courts should rule in favor of the party who requests the protection of a pseudonym, stage name or translated name when the names are usually associated with the party.

Outline of the new regulations

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