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Interpretation of the Supreme People's Court on the jurisdiction of trademark cases and the application of law after the implementation of the decision to amend the Trademark Law

Article 1 The People’s Court shall accept the following trademark cases:

1. Administrative cases that are dissatisfied with the review decision or ruling made by the Trademark Review and Adjudication Board of the State Council’s industrial and commercial administration department (hereinafter referred to as the Trademark Review and Adjudication Board) Cases;

2. Cases of dissatisfaction with other specific administrative actions related to trademarks made by the industrial and commercial administration departments;

3. Cases of disputes over trademark ownership;

4. Cases involving disputes over infringement of trademark rights;

5. Cases concerning disputes over confirmation of non-infringement of trademark rights;

6. Cases concerning disputes over trademark transfer contracts;

7. Cases involving disputes over trademark licensing contracts;

8. Cases concerning disputes over trademark agency contracts;

9. Cases involving applications to stop infringement of trademark exclusive rights before litigation;

10. Cases of liability for damages due to application to stop infringement of trademark exclusive rights;

11. Cases of application for pre-litigation property preservation due to trademark disputes;

12. Application for pre-litigation evidence preservation due to trademark disputes Cases;

13. Other trademark cases. Article 2: Administrative cases of dissatisfaction with the review decisions or rulings made by the Trademark Review and Adjudication Board and cases of specific trademark-related administrative actions made by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be under the jurisdiction of the relevant intermediate people's courts in Beijing. Article 3 The first instance of trademark civil cases shall be under the jurisdiction of the intermediate people's courts or above and the basic people's courts designated by the Supreme People's Court.

Civil and administrative cases involving the protection of well-known trademarks shall be under the jurisdiction of the Intermediate People's Court of the city where the people's government of the province or autonomous region is located, the city under separate state planning, the district of the municipality directly under the Central Government, and other intermediate people's courts designated by the Supreme People's Court. Article 4: When the industrial and commercial administrative department investigates and handles infringement of trademark rights, if a party files a civil lawsuit regarding trademark ownership or infringement of the exclusive right to use a trademark in relation to a relevant trademark, the people's court shall accept the case. Article 5 For an application for trademark registration and renewal filed before the decision to amend the Trademark Law is implemented, and the Trademark Office makes a decision not to accept the trademark application or not to renew it after the decision is implemented, and the party files an administrative lawsuit, the People's Court The revised Trademark Law shall apply during the review.

For a trademark objection application filed before the decision to amend the Trademark Law is implemented, and the Trademark Office decides not to accept the objection after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall apply the application before the amendment when reviewing the decision. trademark law. Article 6 If a party applies for review of a trademark that has not yet been approved for registration before the decision to amend the Trademark Law is implemented, and the Trademark Review and Adjudication Board makes a review decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall apply the revised Trademark Law during review. .

For trademark review applications accepted before the implementation of the decision to amend the Trademark Law, the Trademark Review and Adjudication Board will make a decision to approve the registration after the decision is implemented. If the party files an administrative lawsuit, the People's Court will not accept it; the Trademark Review and Adjudication Board will not accept the application after the decision is implemented. If a decision is made not to approve registration after the implementation, and the parties file an administrative lawsuit, the People's Court will apply the trademark law before the amendment when reviewing the relevant litigation rights and subject qualifications. Article 7 For a trademark that has been approved for registration before the decision to amend the Trademark Law is implemented, and the Trademark Review and Adjudication Board accepts the application before the decision is implemented, and makes a review decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall review the relevant procedural issues and apply the amendment. The Trademark Law before the revision shall apply to the review of substantive issues under the Trademark Law after the revision. Article 8 For relevant trademark cases accepted before the implementation of the decision to amend the Trademark Law, the Trademark Office and the Trademark Review and Adjudication Board make a decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall determine whether the decision or ruling complies with the relevant provisions of the Trademark Law. When a review time limit is specified, the review time limit shall be calculated from the date of implementation of the modification decision. Article 9 Unless otherwise provided in this Interpretation, for trademark civil cases accepted by the People's Court after the implementation of the decision to amend the Trademark Law, if they involve acts that occurred before the implementation of the decision, the provisions of the Trademark Law before the amendment shall apply; if they involve acts that occurred before the implementation of the decision, continuing For actions taken after the implementation of this decision, the provisions of the revised Trademark Law shall apply.