China National Intellectual Property Administration (CNIPA), formerly State Intellectual Property Office (SIPO), is responsible for the organization and coordination of intellectual property rights (IPR) protection work nationwide, and is under the supervision of the State Administration for Market Regulation(S AMR). The Standard confirms Trademark Review and Adjudication Standards in trademark administrative enforcement shall also be taken into account during the administrative enforcement for trademark infringement cases.The issues of OEM (Original Equipment Manufacture) and parallel import, which have received much attention in practice, are however not covered in this Standard due to lack of relevant stipulations in higher-level laws and regulations. At the same time, the Standard further specifies the definition of the use of trademarks, adds the service venues involved in service trademarks, and separately lists the specific manifestations of trademarks used in goods, services, advertising and other commercial activities, especially for the Internet era features, adds new forms of use such as websites, instant messaging tools, social networking platforms, Apps, QR codes, etc. Following a recent restructuring, the former State Intellectual Property Office of China (SIPO) was renamed to China National Intellectual Property Administration, abbreviated as CNIPA, on 28 August 2018. For patents: Invalidation requests relating to patents must be filed to the China National Intellectual Property Administration (CNIPA), together with invalidation evidence materials. 1.2 Publication number The publication number refers to the patent document identification number given by the CNIPA in accordance with legal procedures when the patent application is published and the patent authorization is announced. The Standard has a total of thirty-eight articles that specify the use of trademarks, the identical and similar goods, the identical and similar trademarks, likelihood of confusion, exemption of sellers, conflict of rights, applications of stay and identification of rights holders. Per Announcement 350, patentees and applicants can restore their patent rights without payment of a restoration right request fee if lost rights were due to the coronavirus. The China National Intellectual Property Administration (CNIPA) will be closed from December 30, 2018 to January 1, 2019 for the New Year holiday. The information is very useful indeed. Introduction. Please note that Christmas is not an official holiday in China and the deadlines of CNThis blog serves to guide in-house counsel and U.S. patent attorneys on navigating Chinese IP law. What deserves special attention is :The Standard specifies that the use of trademarks is usually a prerequisite for judging trademark infringement, further refines the definition of trademark use and lists the specific forms of trademark use, clarifies the principle of judging the use of trademarks.The Standard clarifies that judging the infringement of trademark normally requires judging whether the alleged infringement constitutes the use of trademark in the sense of trademark law. According to WIPO Standard ST.3, the country code of the China National Intellectual Property Administration is CN. All official deadlines falling on the above dates will be automatically extended to January 2, 2019. The Standard also stipulates the circumstances where the use can not be deemed to fall within the original scope of use.In addition, the Standard also specifies the principles for judging the identical and similar goods, and the role of the “Classification Book for Similar Goods and Services” in trademark administrative enforcement. In addition to comparing traditional trademarks, the Standard also includes methodology for comparing and determining similarities for non-traditional trademarks such as three-dimensional trademarks, color combination trademarks and sound trademarks. Please note that Christmas is not an official holiday in China and the deadlines of CN … If you would like to learn how Lexology can drive your content marketing strategy forward, please email "I am a big fan. We understand the ins and outs of China law and how it affects corporations.China National Intellectual Property Administration The Standard correspondingly stipulates that the trademark owner shall bear legal responsibility for the verification and specifiesthe preconditions for law enforcement agencies to examine the legality of the subject issuing verification, the authenticity and relevance of the identification opinions, and the acceptance of verification as evidence. Now Article 33 of the Standard further specifies the definitions including “trademarks that have certain influence”, “original scope of use”.
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