On April 24, 2019, Beijing High People’s Court formulated and issued Guidelines for the Trial of Trademark Right Granting and Verification Cases including totally 162 articles about 23,600 words, which comprehensively and operationally stipulates the determination of protection scope of trademark rights, infringement determination, and trademark infringement defense.
The Guidelines for the Trial issued this time summarizes some mature experience and practices in the judicial trial of trademark cases by Beijing courts, and amends and deletes some of the original opinions that does not apply to current judicial practice, in accordance with the provisions of the Trademark Law and relevant judicial interpretations of the Supreme People’s Court.
The Guidelines mainly improves the following contents:
Firstly, through specific stipulations on three aspects including the qualification examination of initiation subject of administrative procedure, the determination of the reasons for the examination, and the distinction between the “procedural flaw” and the “procedural illegality”, to further standardize administrative act and improve efficiency of granting and verification;
Secondly, by combining the contents of the relevant articles of the Trademark Law, to explore and improve relevant rules and promote the use of trademarks.
Thirdly, to reasonably determine the protection rules and scope according to the characteristics of different rights (interests), with the trial idea of strengthening protection, especially to strengthen protection of well-known trademarks and prior copyrights.
Fourthly, to intensify cracking down on hoarding and speculation of trademarks, malicious rush registration for high prices and other malicious acts of trademark registration, to encourage market subject for integrity management, and to guarantee a healthy and orderly market environment for competition in accordance with the law.
The issuance of the Guidelines for the Trial will greatly unify judicial standard of Beijing courts in the aspect of trademark right granting and verification cases, improve the efficiency of trademark right granting and verification, enhance the predictability of litigation results, and save social resources. Beijing High People’s Court will take it as an opportunity to continuously push forward the development of trademark trial.