CWR > Volume 1(2); 2015 > Articles
Research Paper
Published online: September 1, 2015
DOI: http://dx.doi.org/10.14330/cwr.2015.1.2.03
Changing Tides of the Chinese Trademark Law
Haijun Lu
University of International Business and Economics School of Law
No.10, Huixindong Street, Chaoyang District, Beijing, China
Corresponding Author: shangbaking@126.com
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
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.
Keywords : Chinese Trademark Act, Good Faith Clause, Use of Trademark, Likelihood of Confusion, Well-Known Trademark
