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The State Administration for Industry and Commerce recently declared the goals that the number of pending of trademark applications requesting review and adjudication shall be solved within 3 years (2008-2010) and that trademark administrative work shall reach the international standard within 5 years (2008-2012), which are also known collectively as the “3 years & 5 years” objectives. Trademark administrative work will take on a new look in the future.
1. The trademark law system will be further improved through accelerated legislation.
The third amendment to the Trademark Law has gone through the argumentation phase and a first draft has been completed. Legislative work centering around the Rules on Trademark Agency is also under heated discussion and well-organized preparation. After the amendment to the Trademark Law, the new applicable Implementing Rules of the Trademark Law will also be promulgated as soon as possible. Revision will be made to the present rules and regulations on collective trademarks, certification trademarks, and special marks; regulatory documents will also be promulgated in a timely and appropriate manner with respect to the registration, administration and protection of trademarks.
2. A comprehensive and efficient system of trademark review and adjudication will be established.
With respect to complicated cases and cases that may have significant influence on the society, a panel will be formed for a possible hearing. With respect to cases that are rejected during the review, a sole panelist will be appointed. The system of submitting letters of consent will be adopted and the procedure for settlement between the parties will be added to cases involving rejected trademark reviews. Before the parties enter the substantial hearing procedure, a period for consultation will be granted to the parties.
3. The time limit for the review of trademark applications will be restricted to one year.
In 2010, the number of trademark applications in China is anticipated to be around 1,400,000. According to the requirements of the State Administration for Industry and Commerce and the “3 years & 5 years” objective, registration of a trademark in China will be able to be applied for and reviewed within the same year and therefore the time limit will be shortened to less than one year. Furthermore, the time limit for trademark objection and adjudication will also be controlled to within 20 months.
4. The quality control system of trademark review and adjudication will be further improved.
The quality of services during the procedures of acceptance of trademark applications, review of registrations, decision on trademark objections and adjudication of trademark cases will be completely controlled. The State Administration for Industry and Commerce is planning to formulate corresponding QC standards and regularly disclose such standards and the QC outcomes to the general public. It is anticipated that the success rate of the sample check of trademark review work will reach more than 99%; the number of cases brought to litigation will be less than 5% of the total number of trademark review and adjudication cases; and the success rate of trademark administrative lawsuits will be kept at more than 85%.
5. Registration and protection of agricultural product trademarks and geographical marks will be strengthened.
The registration, administration and protection of agricultural product trademarks and geographical marks will be strengthened. The registration of collective or certification trademarks in connection with agricultural product trademarks and geographical marks will be encouraged. The industrialized business mode of “company + trademark (geographical mark) + farmer” will be forcefully promoted.
6. Protection for well-known trademarks and famous trademarks will be strengthened.
Legislative work in connection with well-known or famous trademarks will be initiated. The Rules on the Recognition and Protection of Well-known Trademarks will be amended and the systems of recognition and rejection of well-known trademarks will be established. The recognition and protection of famous trademarks will be codified into the Trademark Law. It is believed that recognition and protection of well-known and famous trademarks will be further improved.
7. Trademark-related work will enter the information-based era.
The website “China Trademark” (http://sbj.saic.gov.cn/) will issue and update trademark-related information in a timely manner, and online publications, online inquiries, online applications and online payments will all be available. It is anticipated that electronic (online) trademark applications will make up 85% of the total trademark applications. The scope of online applications will be expanded from the present applications for registration (with certain restrictions) to include applications for change, assignment, objection, and review and adjudication. Trademark-related work will enter the information-based era.
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