Perfecting The Law Applicable Standard Of Trademark Authorization

Supreme People's Court on trial trademark To grant authorization The provisions on certain issues concerning administrative cases of power confirmation have been released recently. Aiming at the problem of malicious rush registration trademark, the regulations improve the law applicable standard of trademark authorization. The administrative cases of trademark authorization and affirming rights refer to the administrative litigation initiated by the parties to the people's court against the administrative actions taken by the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, trademark revocation review, trademark non registration review, trademark revocation review, trademark invalidation declaration and invalidation review.

Taking the first intermediate people's Court of Beijing as an example, from 2002 to 2009, the hospital has concluded 2624 cases of trademark authorization and affirming administrative first instance, while in 2013, the first instance trademark administrative cases handled by the hospital reached 2161, and 2014 increased to 7951.

There are 31 articles in the "Regulations", which mainly involve the substantive contents of the scope of examination, the judgement of distinguishing features, the protection of well-known trademarks, the copyright and the right of name, and the contents of the prior rights protection, as well as the procedures of violating the legal procedures and the no longer principle.

For example, Trademark law The fifteenth paragraph forbids the agent or representative to seize the trademark of the principal or the representative. In practice, some agents or representatives are not in their own name, but rather seize the trademark by other subjects closely related to them, such as close relatives, or their enterprises acting as legal representatives. In this regard, the "Regulations" clearly stated that a specific identity relationship exists between a trademark applicant and an agent or a representative. He may presumption that his trademark registration is malicious collusion with the agent or representative, and the people's court applies the provisions of the first paragraph of article fifteenth of the trademark law for trial.

The provisions clearly stipulate that if the works in the copyright protection period are of high popularity, such as the title of the work and the role names in the works, it is easy to cause the relevant public to mistake the trademark as the permission of the obligee or to have a specific relationship with the obligee.

Song Xiaoming, the president of the three Court of the people's Supreme People's court, pointed out that in the present time Legal framework The case of trademark authorization and confirmation is tried as an administrative case. However, because such disputes, especially the dispute of trademark registration and trademark invalidation, are more disputes between the parties on whether the trademark can be authorized or should be invalid. The Trademark Review and Adjudication Board will decide on the matter, and its nature is more similar to the quasi judicial decision than the exercise of administrative authority. Therefore, the trademark authorization right administrative case is different from the general administrative case.

The provisions clearly stipulate that the scope of examination by the people's court for the administrative act of trademark authorization and confirmation shall be generally determined according to the plaintiff's claim and reasons. In the plaintiff's lawsuit, no claim is made, but the relevant cognizance of the trademark review board is obviously unsuitable. After the people's court has made a statement of the parties concerned, it may examine the relevant causes and make a judgment.

In addition, the "Regulations" also require that the people's court effective judges make a clear determination of the relevant facts and laws, and the parties concerned have filed a lawsuit against the Trademark Review Board's decision on the basis of the reformed referee, and the people's court ruled that it will not be accepted according to law. If the judgment of the Trademark Review Board has introduced new facts or reasons, it is not applicable.

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