Changing Tides of the Chinese Trademark Law

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 1권 / 2호
ㆍ저자명 : Haijun Lu

목차

I. Introduction
II. Trademark Law as Part of Competition Law
A. Good Faith Clause
B. Settlement of the Conflict between Trademark and Business Name
III. From Visible-Sign to Sound Marks
A. Registration
B. Distinctiveness
C. Functionality
D. Similarity
IV. Balance of Registration-Dominated Formula and Use-Dominated Formula
A. Definition of Contextual Trademark Use
B. Prior Bona Fide Use of a Trademark
C. Not Using Registered Trademark as a Trademark Infringement Defense
V. From the Simil arity of Signs Test to the Likeli hood-of-Confusion Test
VI. Well-known Trademarks: From Honor to Reference Factors in Ruli ng
VII. Simplified Examination Process
VIII. Stronger Protection Efforts
A. A Heavier Punishment in Special Context and Punitive Damages
B. New Arrangement of Burden of proof
C. Suspension Procedures
IX. Conclusion
References

영어 초록

Trademark law is but part of competition law. With a good faith clause, the new Chinese trademark law moves closer to competition law. The new law is more liberal to the registrable signs with more non-traditional signs such as sound marks and flora in the family of registrable signs. Some kind of bona fide prior use of trademark is respected and the requirement of trademark use is strengthened in the new law. The likelihood of confusion has been absorbed in the new law as the prerequisites trademark infringement other than using identical marks on identical goods or services. In the new law, a clause against using well-known trademarks as tool to promoting products is formulated. Changes on the procedures of oppositions to trademarks witness the efforts to simplify the examination of trademarks. The stronger protection efforts such as punitive damages in the new law will go against trademark infringement.

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