It is known that, compared with the current Trademark Law, the Amendments Exposure Draft issued on September 2nd, 2011 has added “sound” to the category of trademark registration.
In some trademark infringement cases, the wording "legal" has been intentionally or unintentionally ignored so that the seller may be exempted from compensation liabilities.
The State Council’s Legislative Affairs Office released a further draft of the proposed amendments to the PRC Trademark Law. A deadline of 8 October 2011 has been set for the public comment.
As the cosmetic products in the case are neither identical with nor similar to the products of the plaintiff, the key to the judgment of the case is whether the trademark is "well-known" or not.
In a recent dispute over "Shaxian Snacks", experts in the field suggest that the relationship between collective marks and the enterprises' own marks should be mutually beneficial and complementary.
As China adopts the first-to-file principle in trademark registration, special rules need to be put in place to regulate circumstances where trademark applications are filed on the same day.
