A principal of the IPR Tribunal of the Supreme People's Court revealed on May 30, since 2001, courts of all layers have heard 7,200 civil disputes over trademarks and determined 200 well-known marks through trial.
While courts adhere to the principles of determining upon request and determining for the results of individual case only, trademark holders, however, are in pursuit of the dramatic effect of well-known marks. Narrowing themselves for that purpose only, they lose sight of nurturing and renovating their marks and sometimes even attempt to cross the boundary of their rights and abuse legal actions to attack competitors. The Supreme Court principal stressed that the basic approach in determining well-known marks for courts is to strictly follow the legislative intent and statutory requirements, which are designed to avoid both mystification, mutation of the determination of well-known marks and the abuse of trademark rights.
2013-07-17