(Adopted by the Judicial Committee of the Supreme People's Court at its1444th meeting on February 8, 2008)
Fashi [2008] No.3
In order to correctly try civil dispute cases in which registered trademarks and enterprise names conflict with prior rights, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC), the General Principles of the Civil Law of People's Republic of China (PRC), the Trademark Law of People's Republic of China (PRC) and the Anti-Unfair Competition Law of People's Republic of China (PRC), and combined with trial practice.
Article 1 If the plaintiff brings a lawsuit on the grounds that the words and graphics used by others in a registered trademark infringe upon their prior rights, such as copyright, patent right for design and enterprise name right, the people's court shall accept it. , in line with the provisions of Article 108th of the Civil Procedure Law.
If the plaintiff brings a lawsuit on the grounds that the registered trademark used by others on the goods approved for use is the same as or similar to the earlier registered trademark, the people's court shall, in accordance with the provisions of Item (3) of Article 111 of the Civil Procedure Law, inform the plaintiff to apply to the relevant administrative organ for settlement. However, if the plaintiff brings a lawsuit on the grounds that the registered trademark used by others beyond the approved scope of goods or the registered trademark used by changing distinctive features, splitting or merging is the same as or similar to its registered trademark, the people's court shall accept it.
Article 2 If the plaintiff brings a lawsuit on the grounds that the name of another enterprise is the same as or similar to the name of the previous enterprise, which is enough to confuse the relevant public about the source of its goods, violates the provisions of Item (3) of Article 5 of the Anti-Unfair Competition Law and conforms to the provisions of Article 108 of the Civil Procedure Law, the people's court shall accept it.
Article 3 The people's court shall, according to the plaintiff's claim and the nature of the disputed civil legal relationship, determine the cause of the civil dispute case in which the registered trademark and enterprise name conflict with the prior rights in accordance with the Provisions on the Cause of Action of Civil Cases (Trial), and apply the corresponding laws.
Article 4 If the name of the sued enterprise infringes the exclusive right to use a registered trademark or constitutes unfair competition, the people's court may, according to the plaintiff's claim and the specific circumstances of the case, determine that the defendant shall bear civil liabilities such as stopping the use and standardizing the use.