China Unifies Trademark Infringement Determination Criteria

The National Intellectual Property Administration released the Criteria on Determining Trademark Infringement on 15 June, offering clear guidance to trademark enforcement in relation to trademark use, same goods, similar goods, identical trademarks, similar trademarks, readily confusing, sales exemption, conflict of right, application of stay of trial, determination of right holder, among other things.

For example, the Criteria requires the relevant trademark law enforcement departments to determine, in their handling and investigation of trademark infringement cases, whether an alleged case constitutes trademark infringement and whether a general act of alleged infringement requiring determination constitutes trademark use in the context of the Trademark Law. In determining trademark use, it is necessary to comprehensively take into consideration factors such as user’s subjective intention, use method and publicity method, industry practice and consumer perception. Cases of not having obtained the consent of the registered trademark owner include not having or exceeding consent for the kind, duration, quantity and so on of the trademarked products or services.

Source: National Intellectual Property Administration