Interpretation of the Supreme People's Court on Issues concerning Jurisdiction over Trademark Cases and Application of Law after the Implementation of the Decision on Amending the Trademark Law
(Adopted at the 1606th meeting of the Judicial Committee of the Supreme People's Court on February 10, 2014; amended at the 1823rd meeting of the Judicial Committee of the Supreme People 's Court in accordance with the Decision of the Supreme People’s Court to amend Eighteen Intellectual Property Judicial Interpretations Including the Interpretation on Several Issues Concerning the Application of Law in Handling Cases Involving Patent Infringement Dispute (II) on December 23, 2020,.
To ensure the correct trial of trademark cases by people's courts, this interpretation, concerning the issues on jurisdiction over trademark cases and application of laws, is formulated in accordance with the Decision on Amending the Trademark Law of the People's Republic of China adopted at the Fourth Session of the Standing Committee of the 12th National People's Congress on August 30, 2013, the reissued Trademark Law of the People's Republic of China, Civil Procedure Law of the People's Republic of China, and Administrative Procedure Law of the People's Republic of China.
Rule 1 The people's court shall accept the following trademark cases:
(1) Administrative cases appealing against review decisions or rulings issued by the China National Intellectual Property Administration (CNIPA);
(2) Administrative cases challenging other trademark-related administrative acts made by the CNIPA;
(3) Cases involving trademark ownership dispute;
(4) Cases involving trademark infringement dispute;
(5) Cases involving confirmation of non-infringement upon trademark rights;
(6) Cases involving contract disputes on trademark assignment;
(7) Cases involving contract disputes on trademark license;
(8) Cases involving dispute over trademark agency contract;
(9) Actions seeking pre-litigation injunctions against infringement of registered trademarks;
(10) Actions seeking injunctions against trademark infringement and damages;
(11) Actions seeking pre-litigation property preservation;
(12) Actions seeking pre-litigation evidence preservation;
(13) Other trademark-related legal actions.
Rule 2 Administrative cases appealing against review decisions or rulings issued by the CNIPA, and administrative cases challenging other trademark-related administrative acts made by the CNIPA shall fall under the jurisdiction of the relevant intermediate people's courts of Beijing municipality.
Rule 3 First-instance trademark civil cases shall fall under the jurisdiction of intermediate people's courts or higher, as well as primary people's courts designated by the Supreme People's Court.
Civil and administrative cases involving the protection of well-known trademarks shall fall under the jurisdiction of intermediate people's courts located in cities where provincial or autonomous regional governments are seated, in cities separately listed, in municipalities directly under the Central Government, and other intermediate people's courts designated by the Supreme People's Court.
Rule 4 Where a party concerned initiates a civil lawsuit concerning trademark ownership or trademark right infringement during the investigation and handling of trademark right infringement acts by the administrative department, the people's court shall accept the lawsuit.
Rule 5 For a trademark registration or renewal application submitted prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA issues a decision rejecting such application after the date of implementation, and the party concerned initiates an administrative litigation challenging such decision, the people's court shall apply the amended Trademark Law.
For a trademark opposition application submitted prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA issues a decision rejecting such application after the date of implementation, and the party concerned initiates an administrative litigation challenging such decision, the people's court shall apply the Trademark Law before it is amended.
Rule 6 For a review application submitted prior to the date of implementation of the Decision on Amending the Trademark Law and for the trademark that has not been approved for registration, where the CNIPA issues a review decision or ruling after the date of implementation, and the party concerned initiates an administrative litigation, the people's court shall apply the amended Trademark Law.
For a trademark review application accepted prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA issues a decision approving registration after the date of implementation and the party concerned initiates an administrative litigation, the people's court shall not accept the case; where the CNIPA issues a decision refusing registration after the date of implementation and the party concerned initiates administrative litigation, the people's court shall apply the Trademark Law before it is amended when examining issues related to the party’s right to sue and subject qualification.
Rule 7 For a trademark approved for registration prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA accepts the review application before the date of implementation while issues a review decision or ruling after the date of implementation, and where the party concerned initiates an administrative litigation, the people's court shall apply the amended Trademark Law to examine procedural issues while apply the Trademark Law before it is amended to examine substantive issues.
Rule 8 For a trademark-related case accepted prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA issues a decision or ruling after the date of implementation, and the party concerned initiates an administrative lawsuit, the people's court shall calculate the time limit for examination from the date of implementation when determining whether the said decision or ruling complies with the provisions on the time limit for examination as prescribed by the Trademark Law.
Rule 9 Unless otherwise stipulated by this Interpretation, where a trademark-related civil case accepted by the people's court after the date of implementation of the Decision on Amending the Trademark Law involves any conduct occurring prior to the date of implementation, the provisions of the Trademark Law before amended shall apply; where any conduct begins prior to and continues after the date of implementation, the provisions of the amended Trademark Law shall apply.
