22 May 2018

The Top 10 Trademark Developments from China

  1. Greater Transparency of TRAB Decisions

As of December 2017, all decisions of the Trademark Review and Adjudication Board (TRAB) have been put online and made searchable. The time lag is around one month from the date of the decision.

This provides greater transparency over the rulings of the TRAB and allows the Board to adopt a more consistent approach. However, as the public will now have access to the relevant arguments put forward, appellants should be more cautious in preparing arguments to ensure they do not offer inconsistent views in connected cases.

  1. Greater Use of Precedent

Judge Yang Jing of the Beijing IP Court provided guidelines regarding the use of precedent in an article published in the People’s Court Daily in July 2017. She pointed out that no more than three precedent cases, each with a summary of less than 800 words, should be used and submitted in respect of each line of argument. Cases should be exchanged between the parties seven days before the hearing.

  1. Stricter Requirements for Court Formality Documents

In 2017, the Beijing IP Court adopted a more stringent requirement on formality documents. Common issues faced by companies include:

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk