Regulation of the Supreme People's Court on Several Issues Concerning the Adjudication of Civil Cases involving Conflicts between Registered Trademark or Trade Name and Prior Rights
(Adopted at the 1444th meeting of the Judicial Committee of the Supreme People's Court on February 18, 2008; amended in accordance with the Decision of the Judicial Committee of the Supreme People's Court at the 1823rd meeting on December 23, 2020, regarding the revision of 18 IP-related judicial interpretations, including Interpretation on Several Issues concerning the Application of Laws in Handling Patent Infringement Dispute Cases (II)).
To correctly adjudicate civil cases involving the conflicts between registered trademark or trade name and prior rights, this Regulation is hereby formulated in accordance with the Civil Code of the People's Republic of China (hereinafter referred to as Civil Code), Trademark Law of the People's Republic of China (hereinafter referred to as Trademark Law), Anti-Unfair Competition Law of the People’s Republic of China (hereinafter referred to as Anti-Unfair Competition Law), Civil Procedural Law of the People’s Republic of China (hereinafter referred to as Civil Procedural Law) and other relevant laws, with judicial practice taken into account.
Rule 1 Where a plaintiff initiates a lawsuit claiming that the characters, graphics, or other elements used in another party’s registered trademark infringe upon the plaintiff's copyright, design patent rights, trade name rights, or any other prior rights, if the lawsuit complies with Article 119 of the Civil Procedure Law, the people’s court shall accept the case.
Where a plaintiff initiates a lawsuit based on the claim that another party's registered trademark used on the designated goods/services is identical with or confusingly similar to the plaintiff's prior registered trademark, the people's court shall, in accordance with Article 124(3) of the Civil Procedure Law, advise the plaintiff to seek resolution with competent administrative authorities. However, if the lawsuit is based on the claim that another party's use of a registered trademark exceeds the scope of the designated goods/services or involves altering the distinctive features, splitting, combining, or other forms, and such use result in a trademark identical with or confusingly similar to the plaintiff's prior registered trademark, the court shall accept the case.
Rule 2 Where a plaintiff initiates a lawsuit based on the claim that another party's trade name is identical with or confusingly similar to the plaintiff's prior trade name, likely to cause confusion among the concerned public as to the source of goods, thereby constituting a violation of Article 6(2) of the Anti-Unfair Competition Law, the people's court shall accept the case if the lawsuit complies with Article 119 of the Civil Procedure Law.
Rule 3 The people's court shall, based on the plaintiff's claims and the nature of the disputed civil legal relationship, and in accordance with the Provisions on Cause of Action for Civil Cases, determine the cause of action of civil cases involving conflicts between the registered trademark or trade name and prior rights, and apply the relevant laws accordingly.
Rule 4 Where the defendant's trade name infringes upon the exclusive right to use a registered trademark or constitutes unfair competition, the people's court may, based on the plaintiff's claims and the specific circumstances of the case, order the defendant to cease or rectify the use of the trade name or assume other corresponding civil liabilities.
