Trademark Law Of The People's Republic Of China
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Trademark Law Of The People's Republic Of China
The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce ( SAIC). The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law. Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below). Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, ...
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Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. By convention, the territories that fall outside of the Chinese mainland include: * Hong Kong, a quasi-dependent territory under PRC rule that is officially designated a " Special Administrative Region of the PRC" (formerly a British colony) * Macau, a quasi-dependent territory under PRC rule that is officially designated a "Special Administrative Region of the PRC" (formerly a Portuguese colony) * Territories ruled by the Republic of China (ROC, commonly referred to as Taiwan), including the island of Taiwan, the Penghu (Pescadores) islands in the Taiwan Strait, and the islands Kinmen, Matsu, and Wuqiu (Kinmen) offshore of Fujian. Overseas Chinese, especially Malaysian Chinese and Chinese Singaporeans, use this term to describe p ...
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CNIPA
The China National Intellectual Property Administration (CNIPA; ), also known as the Chinese Patent Office, is the patent office of the People's Republic of China (PRC). It was founded in 1980 as the Patent Office of the People's Republic of China, before changing its name to "State Intellectual Property Office" (SIPO), then to "National Intellectual Property Administration", and then to "China National Intellectual Property Administration". It is responsible, in its own words, "for patent work and comprehensively coordination of the foreign related affairs in the field of intellectual property".http://www.sipo.gov.cn ''Responsibilities of the State Intellectual Property Office of the People's Republic of China (SIPO)'', 2002-04-27. Consulted on April 26, 2007. See also * Baidu Patents * Intellectual property in the People's Republic of China * First Sino-American Forum of Intellectual Property Rights References External links * * *''English search functions on the ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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State Administration For Industry And Commerce
Prior to March 2018, the State Administration for Industry and Commerce (SAIC; ) was the authority in the People's Republic of China responsible for advancing legislation concerning the administration of industry and commerce in the People's Republic. On a local level, the organizations responsibilities roughly mimicked those of the secretaries of individual states in the United States as a registration and licensing authority. The last minister was Zhang Mao (). As part of China's 2018 government administration overhaul, the SAIC was merged into the newly created State Administration for Market Regulation. Administration The agency was organized into the following divisions: *General Office *Department of Law *Antimonopoly and Anti-unfair Competition Enforcement Bureau *Direct Selling Regulation Bureau *Consumer Protection Bureau *Department of Market Regulation *Regulation Department for Market Circulation of Food *Enterprise Registration Bureau *Bureau for Registration of Fo ...
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Service Mark
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (with some legal standing) to use the service mark symbol ℠ (a superscript SM). Usage A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks. For example, a private carrier can paint its service mark on its vehicles, such as on planes or buses. Personal service providers can place their service marks on their delivery vehicles, such as on the trucks of plumbers or on moving vans. However, if the service deals ...
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