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On 3 August 2002, the PRC State Council an-nounced amendments to the Detailed Rules for the Implementation of the Trademark Law. The amended rules took effect on 15 September. The main points of the amendments are as follows:
It is explicitly provided that "geographical indications" as defined in the Trademark Law may be registered as "certification marks" or "collective marks."
It is explicitly provided that where a document is submitted in a foreign language, a Chinese translation should be appended. If no transla-tion is appended, the document will not be taken into consideration. Where a trademark is in a foreign language or includes elements in a foreign language, the meaning should also be explained.
New provisions are added defining conflict of interest conditions that disqualify personnel of the Trademark Office and the Trademark Re-view and Adjudication Board (TRAB) from handling a case.
Under a new provision, a reduction in the scope of the designated goods of a mark, a change in the name or address of the applicant, or transfer of ownership, may be effected while an application for trademark registration is pending.
If only the part of the trademark application conforms to the relevant provisions, the ap-plication will be partially approved and pub-lished. Any part that does not conform to the provisions will be rejected, and the applicant must apply to the TRAB for review within 30 days.
The TRAB may conduct a review in public session if needed or at the request of a party. If so, the parties must be given a 15 days' prior written notice.
It is explicitly provided that the time limit for submitting evidentiary materials for an oppo-sition or review action is three months after filing the opposition or review petition.
It is no longer a mandatory requirement to display an indication (such as ®) indicating registration of a trademark. But if such an indication is displayed, it must be displayed at the top or bottom right-hand corner of the mark.
It is explicitly provided that falsification or alteration of a trademark registration certifi-cate will trigger criminal penalties under the relevant provisions of the Penal Code.
Infringement of a registered trademark is sub-ject to severe penalties. Fines may be imposed of up to three times the illegal revenue, or if the revenue cannot be calculated, up to RMB¥100,000.
Where a dispute arises in the course of an ap-plication or review, a party may petition for determination of whether a relevant mark is a well-known mark.
The owner of a well-known mark may prevent another person from registering trademark as the name of a business entity.
