Interpretation by the Supreme People's Court on Property Preservation of Rights to Registered Trademarks by People’s Court
(Adopted at the 1144th Session of the Judicial Committee of the Supreme People's Court on November 22, 2000, and amended in accordance with the “Decision of the Supreme People's Court to Amend Eighteen Intellectual Property Judicial Interpretations, including <Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Patent Infringement Disputes> adopted at the 1823rd Session of the Judicial Committee on December 23, 2020.)
For the purpose of properly implementing property preservation measures of rights to registered trademarks and avoiding repeated preservation, the interpretations by the people’s courts’ on several issues concerning property preservation are made as follows:
Rule 1 Where a people’s court, in accordance with the relevant provisions of the Civil Procedures Law, needs to take property preservation measures on rights to a registered trademark, it shall issue a Notice of Assistance in Enforcement to the Trademark Office of the China National Intellectual Property Administration (hereinafter referred to as the "Trademark Office"). The notice shall specify the name, registrant, registration number of the registered trademark to be preserved, and duration of the preservation, as well as the specific contents of assistance required for enforcement, including but not limited to prohibiting the assignment and deregistration of a registered trademark, modification of its registration items, or the registration of any pledge of the trademark right.
Rule 2 The duration of each preservation on rights to a registered trademark shall not exceed one year, calculated from the date when the Trademark Office receives the Notice of Assistance in Enforcement. Where it is still necessary to continue the preservation measures on rights the registered trademark, the people’s court shall, prior to the expiration of the duration, reissue a Notice of Assistance in Enforcement to the Trademark Office requesting a continued preservation. Otherwise, the property preservation on rights to the registered trademark shall be deemed removed automatically.
Rule 3 A people's court shall not take repeated preservation measures on rights to a registered trademark that has already been preserved.
