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One trademark may apply to various commodities in different classes

Author:IPR in C…     Source:IPR in China     Hits:902     Time:2012/4/13

It is learnt from 2012 China Trademark Annual Meeting held in Kunming, Yunnan Province that China will amend current Trademark Law from four aspects, i.e. enrich factors that can be registered as trademarks, make clear the application means for one trademark for various kinds of commodities belonging to different classes, increase examination opinion documents and improve trademark registration opposition system.

“In the revision opinions, sound and single color may hopefully be registered as trademarks, which will generate great impact on such industries as culture, advertisement, film and video as well as software,” said Wu Zhaolong, a division manager from Chongqing Southwest Trademark Agency.

According to the revision opinions, applicants can register one trademark for various commodities belonging to different classes by submitting one copy of application document. It has no need for them to submit copies of application materials for different commodities belonging to various classes. “This is particularly beneficial for scaled enterprises with more cross-class business,” expressed Wu Zhaolong. Besides, applicants are allowed to amend the defects in trademark application documents for the first time.

In the past years, brand imitation and squatting remain incessant after repeated prohibition and some enterprises intentionally use other enterprises’ well-known or famous trademarks as their enterprise names, which can easily mislead consumers. Based on what Wu Zhaolong said, using others’ trademarks as enterprise or commodity names will be determined as trademark infringement.

According to the latest statistics released by Chongqing Municipal Industry and Commerce Bureau, well-known trademarks of the city reached 69 pieces and famous trademarks hit 1,022 pieces. The owners of these trademarks can report to industry and commerce administrations at or above province levels where their trademarks were maliciously registered as enterprise names by other enterprises or bring lawsuits against the offenders to people’s courts. The ceiling of trademark infringement compensation is expected to reach one million yuan from 500 thousand yuan.