New Progress in China’s Administrative Protection on the Exclusive Right to Use a Registered Trademark

Ren Gang, 2005.5

Director of Legal Affairs Division,

Trademark Office,

State Administration for Industry and Commerce

People’s Republic of China

I. Trademark Registration

Applications in 2003 ： 587,925

Foreign Applications ： 60,000

Accumulated Registered Trademarks in total: 2,240,039

Foreign Applicants’ Confidence in China’s System of Trademark Administration

Registration of American Trademarks in China

Registration in Recent Three Years ：2002 ： 13,257 ，2003 ： 10,130 ，2004 ： 13,343.

Accumulated Registered Trademarks in total: 82,778

II. Introduction to Special Campaign on Protection of the Exclusive Right to Use a Registered Trademark

 1.Objective of the Special Campaign ： To provide administrative protection to right owners of reg

istered trademarks in accordance with laws by means of reinforcement of administration of trademark registration.

To effectively protect the legitimate rights and interests of right owners of registered trademarks by cracking down on trademark counterfeiting and infringement cases severely.

To further improve public trademark awareness through more efforts on publicity of trademark legislation.

2. Work Schedule for 2004

1.2004. ７ -- ９， focus on dealing with cases concerning food, drugs and foreign related trademarks.

2.2004. ９ --11 ， focus on dealing with cases concerning infringement of well-known trademarks, certification and collective marks.

3.2004.11--12 ， focus on dealing with illegal printing of trademarks and cases concerning purchasing & using of fake package, fake signs, fake trademarks.

3. Administrative Protection in 2004

Total number of cases dealt with ： 51,851 Counterfeiting cases ： 40,171 (foreign related ： 5, 401) Infringing articled confiscated and destructed: 5638.53 tons Illegal trademark signs confiscated and destructed:

38,951,800 Infringing tools confiscated: 280,781 sets Fine amount ： RMB 268 million 82 people in 96 cases were transferred to judicial

department for criminal liability

4. Work Schedule in 2005

1. 2005, 1--3 ， focus on cases concerning infringement of food and drugs trademarks

2. 2005, 4--6 ， focus on cases concerning infringement of trademarks related to agriculture

3. 2005, 7--8 ， focus on cases concerning infringement of well-known trademarks by using them as names of enterprises

4. 2005, 9--10 ， focus on cases concerning infringement of trademarks used on farm produce and geographical indications

III. New Measures in Administrative Protection on Trademarks

Attached great importance to and improved communication mechanism with foreign invested enterprises

Issued Announcement, exerting emphasized protection on foreign trademarks with high reputation in the market

Supervised large-scale exhibitions and fairs Improved transparency of administrative

enforcement by publicizing administrative decisions and important cases

IV. Recognition of Well-known Trademarks

Provisions on Recognition and Protection of Well-known Trademarks

Means of Recognition

in trademark administration

in the process of trademark registration

1 ． Well-known Trademarks in Recent Years

116 recognized in the cases of trademark administration

15 recognized in trademark opposition cases 22 recognized in trademark dispute cases 126 Chinese trademarks, 27 foreign trademark

s (153 in total) were recognized as well-known trademarks

2 ． Recognized Well-known American Trademarks

14 American trademarks have been recognized as well-known ： As recognized in the cases of trademark administration ： 雪碧（ Spirite ），达克宁 (JOHNSON) ，吉列 Gillette As recognized in trademark opposition cases: 迪士尼 (Disney) ， Dupont, 绿箭 (Wrigley’s) ， McDonald’s

&Device ，美标 (American Standard) ， M(Device) （ MOTOROLA ）

As recognized in trademark dispute cases: 邦迪 (BANDAID) ，凯悦 (HYATT) ， Barbie ，萍果 (TEXT

WOOD) ， textwood& (Device)

V. Summary & Expectation

1.Features of Administrative Protection 1.Prompt response

2.High Efficiency

3.Active investigation and handling in inspection of market order

4.Organized action concentrated for key areas and important cases

5.Free of charge

2. Future Work

To revise and perfect Trademark Law To frame Trademark Examination

Guidelines To strengthen trademark enforcement

Thank You!

Welcome to Our Website:

www.ctmo.gov.cn