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CTMO
Starts to Provide Online Search of Trademark Registration Information
to the Publicnew!
China
handles 24,189 trademark cases
15
Well-known Trademarks Recognized by TRAB
64
More Well-known trademarks Recognized by SAIC in the Special Campaign
China
Boasts Biggest Increase in International Trademark Applications
in 2004
¡¡CTMO Starts
to Provide Online Search of Trademark Registration Information
to the Public
China Trademark Office under State Administration for Industry
and Commerce (hereafter referred to as CTMO) begins to open online
search of trademark registration information to the public, as
the reporter was informed in today¡¯s press conference held by
CTMO. In the press conference, Mr. An Qinghu, Director General
of CTMO, made a brief introduction to automation construction
of China¡¯s trademark registration and administration, and announced
that CTMO would Starts to provide online search of trademark registration
information to the public. This means everybody can search relevant
trademark registration information via ¡°China Trademark Website¡±
(http://www.ctmo.gov.cn/ or http://sbj.saic.gov.cn/ ) from December
26, 2005.
It is said that the trademark information available for search
provided on the trademark registration information website includes
the information concerning both registered trademarks and trademark
applications.
There are three types of information search available on the
website: search of identical or similar trademarks, search of
general trademark information and search of trademark application
status. Search of identical or similar trademarks refers to the
search which is to find out whether the applicant¡¯s trademark
is identical with or similar to the trademark of another person
that has, in respect of the same or similar goods, been registered
or, after examination, preliminarily approved; search of general
trademark information refers to the search to find out the information
related to a trademark whose registration number (or application
number), the name of applicant (or trademark owner) or trademark
characters are already known. Search of trademark application
status is to find out the present status of a trademark application
in the workflow in accordance with application number or registration
number.
There are mainly three features in respect of online search of
trademark registration information: First, users are free to search
on line; Second, the pre-application search provided to the public
is basically similar to that used by trademark examiners in CTMO;
Third, the trademark search database will be updated once a week.
He also points out that opening trademark online search to the
public means China¡¯s trademark automation, openness of government
affairs and social service have reached a higher level, which
will definitely contribute greatly to search of trademark information
by the public, protecting the exclusive right to use a registered
trademark and enhancing trademark awareness of the whole society.
Mr. An Qinghu also stresses that after the start of online search
of trademark registration information service, CTMO will make
every effort to provide as accurate trademark information as possible
and keep updating the information in trademark search database.
Once wrong information is found in searching, the public can submit
correction advice through ¡°Error Report¡± on the website, and CTMO
will correct the relevant information in time after verification.
It is said that ¡°China Trademark Website¡± is the only website
for online search of trademark registration run by the State Administration
for Industry and Commerce (SAIC). The path to visit online search
of trademark registration information system is: log onto ¡°China
Trademark Website¡±, click ¡°Trademark Search¡± and then you will
enter the search system.
China handles
24,189 trademark cases
(Xinhua) Statistics show that China has handled 24,189 trademark
infringement cases and seized more than 167 million pieces of
illegal audio-video products and pirated products since the country
launched a massive crackdown on IPR violations last September.
In addition, China has destroyed 24 illegal CD production lines
and closed down 2,960 illegal printing workshops during this time,
said Zhang Zhigang, office director of the State Work Group on
Intellectual Property Rights Protection and also vice minister
of commerce, at a press conference held by the State Council Information
Office.
¡°A magnificent momentum and a sound situation have shown up in
China's IPR protection," said Zhang.
15
Well-known Trademarks Recognized by TRAB
In accordance with the arrangement of the Special Campaign on
IPR Protection launched by the State Council and the Special Campaign
on the Protection of the Exclusive Right to Use a Registered Trademark
launched by the State Administration for Industry and Commerce
(SAIC), the Trademark Review and Adjudication Board under SAIC
(TRAB)further strengthened the protection of well-known trademarks.
15 trademarks such as ¡°°²¼ª¶û¡± have been accordingly recognized as
well-known trademarks in recent examination, which effectively
safeguard the rights and interests of owners of well-known trademarks
as well as the market order in respect of fair competition.
64
More Well-known trademarks Recognized by SAIC in the Special Campaign
Since the launch of the Special Campaign to Protect the Exclusive
Right to Use a Registered Trademark last year, the Trademark Office
(CTMO) under the State Administration for Industry and Commerce
(SAIC) and local Administration for Industry and Commerce (AIC)
at all levels through China have been strengthening the protection
on well-known trademarks in light of the arrangement of the State
Council concerning the Special Campaign on IPR Protection and
SAIC¡¯s requirement. Recently, CTMO has recognized another 64 well-known
trademarks, 59 of which were recognized in trademark administrative
cases submitted by local AICs, and 5 of which were recognized
in trademark opposition cases (including one opposition case in
international trademark registration under Madrid system).
Among the 64 newly recognized well-known trademarks, 60 were
registered by Chinese enterprises (including 2 state-owned enterprises,
3 foreign-owned enterprises, 5 foreign-invested enterprises, 49
enterprises of other types and 1 enterprise is from HK SAR), and
4 were registered by foreign enterprises (namely: 2 Japanese,
1 British and 1 French enterprise). Besides, this is the first
time for CTMO to recognize well-known trademarks in such three
classes of goods and services as newspapers and periodicals, financing
services, leasing of real estate as well as real estate management.
By now, CTMO has recognized 126 Chinese and foreign well-known
trademarks in the Special Campaign to Protect the Exclusive Right
to Use a Registered Trademark, which has effectively protected
the legitimate rights and interests of well-known trademark owners.
China
Boasts Biggest Increase in International Trademark Applications
in 2004
China joined Madrid Agreement Concerning the International
Registration of Marks and Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks in 1989 and
1995 respectively, becoming a member of the international trademark
registration system, known as the Madrid system, which has provided
an convenient, rapid and economical way of international trademark
registration for Chinese enterprises in implementing ¡°Going Global¡±
and protecting their rights and interests in other countries.
Since China became party to the Madrid system, the number of
Chinese enterprises using the system to apply for international
trademark registration has been increasing annually. Especially
after China entered the World Trade Organization, in order to
help Chinese enterprises to carry out ¡°Going Global¡± strategy
to take part in international competition, the China Trademark
Office (CTMO) under the State Administration for Industry and
Commerce (SAIC) has been working hard to promote the publicity
of the Madrid system, which has enabled a great number of Chinese
enterprises to know the advantages and benefit from it. Meanwhile,
CTMO actively provide Chinese enterprises with instructions concerning
international registration and protection of their rights and
interests in foreign countries.
Use of the international trademark registration system reached
a record level in 2004 with the receipt of 29,459 international
trademark applications representing a 23.5% increase on figures
for 2003. By the end of 2004, 138,280 people have obtained 424,000
registrations. Suppose every international registration apply
for 12 countries in average, this number equals 5,000,000 national
registration.
WIPO's statistics show that China has the biggest increase rate
of the international trademark registration, with an increase
of 1015 files, 115% more than that of 2003. According to the statement
of Mr. Ernesto Rubio, WIPO Assistant Director General, China is
the only developing country among the top ten biggest users.
Top
Ten Countries with Most Applications in 2004
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Ranking
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Country
|
Applications
|
Percentage
in Total Applications£¨%£©
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1
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Germany
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5,393
|
18.3
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2
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France
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3,503
|
11.9
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3
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Italy
|
2,499
|
8.5
|
|
4
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Benelux
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2,482
|
8.4
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|
5
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Switzerland
|
2,133
|
7.2
|
|
6
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U.S.A
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1,734
|
5.9
|
|
7
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Australia
|
1,178
|
4.0
|
|
8
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China
|
1,015
|
3.4
|
|
9
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U.K
|
917
|
3.1
|
|
10
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Spain
|
867
|
2.9
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Top
Ten Countries with Highest Increase Rate in 2004
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Ranking
|
Country
|
Increase
Rate Compared with Last Year£¨%£©
|
|
1
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China
|
115
|
|
2
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Australia
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100.9
|
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3
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Korea
|
86.8
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|
4
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Bulgaria
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82.5
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|
5
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Japan
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75.6
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6
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Slovenia
|
64.8
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7
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Latvia
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62.7
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8
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Hungary
|
47.4
|
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9
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Austria
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36.8%
|
|
10
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Turkey
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36.4%
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