Legal Subjectivity:

Article 1 The People’s Court shall accept the following trademark cases: 1. Those who are dissatisfied with the review decision made by the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board) or Administrative cases adjudicated; 2. Cases of dissatisfaction with other specific administrative actions related to trademarks made by the industrial and commercial administration departments; 3. Disputes over trademark ownership; 4. Disputes over infringement of the exclusive right to use a trademark; 5. Confirmation of non-infringement of the exclusive right to use a trademark Dispute cases; 6. Disputes over trademark rights transfer contracts; 7. Disputes over trademark licensing contracts; 8. Disputes over trademark agency contracts; 9. Cases about applications to stop infringement of trademark rights before litigation; 10. Applications to stop infringement of trademark rights Damage liability cases; 11. Cases applying for pre-litigation property preservation due to trademark disputes; 12. Cases applying for pre-litigation evidence preservation due to trademark disputes; 13. Other trademark cases. Article 2 Administrative cases that are dissatisfied with the reexamination decisions or rulings made by the Trademark Review and Adjudication Board and cases involving 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 Beijing Intermediate People's Court. 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 trademark infringement, if a party files a civil lawsuit regarding trademark ownership or infringement of the exclusive right to use a trademark in relation to the relevant trademark, the People's Court shall accept the case. Article 5 For an application for trademark registration and renewal submitted 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 Trademark Law before the amendment when reviewing the application. The law is objective:

Article 11 The following signs shall not be registered as trademarks: (1) only the common name, graphics, and model of the product; (2) only directly indicating the quality, main raw materials, and Function, purpose, weight, quantity and other characteristics; (3) Lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks. Interpretation This article is a provision on prohibited signs of registered trademarks. 1. According to Article 9 of this Law, the trademark applied for registration shall have distinctive features and be easy to identify. Recognizability is the basic characteristic of a trademark. Producers and operators use trademarks to promote their own goods and services, and consumers use trademarks to distinguish the goods and services of different producers and operators. If a trademark does not have distinctive features, it will not be able to fulfill the function of a trademark, and it will not be a trademark. 2. Paragraph 1 of this article stipulates that any mark that only has the common name, graphics, model of the product, or that only directly represents the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product and lacks distinctive features shall not be used as a mark. Trademark registration. Its purpose is to ensure the recognizability of the trademark. Because the signs listed in this article are registered as trademarks, they lack distinctiveness and cannot distinguish the goods and services of different producers and operators. For example, "teapot" is a common name for a tea set. If it is used as a trademark, it lacks distinctiveness. Consumers cannot tell which company produces the "teapot" through this trademark. In addition, if the signs listed in this article are allowed to be registered as trademarks and used exclusively, it will be unfair to other producers and operators of similar goods. 3. There are two ways to obtain the distinctiveness of a trademark: one is to make the trademark distinctive through the careful design of the trademark components; the other is to make the trademark distinctive through use and gain public recognition.

In practice, there are indeed some trademarks that were originally non-distinctive and have become distinctive after use, such as "Liangmianzhen" toothpaste, "Sanqi" Diedai Pills, etc. It is a common international practice to grant registration protection to trademarks that have acquired distinctiveness through use. Article 15, Paragraph 1, of the Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that even if some marks cannot originally distinguish the relevant goods or services, members can confirm whether they can be registered based on the identification they have acquired through use. This provision indicates that a mark that is not distinctive but has acquired distinctiveness through use can be registered as a trademark. According to common international practices and combined with my country's practice, paragraph 2 of this article stipulates that signs listed in the previous paragraph that have acquired distinctive features through use and are easy to identify may be registered as trademarks. This provision not only clarifies that signs cannot be registered as trademarks, but also makes up for the past shortcomings of being distinctive through use and not being protected by registration. It will have a positive impact on strengthening my country's trademark registration management, maintaining fair competition, and encouraging enterprises to create famous brands. promotion effect.