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Interpretation of the Supreme People's Court on the preservation of property rights of registered trademarks by the people's courts

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  • Time of issue:2017-07-21 00:00
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Interpretation of the Supreme People's Court on the preservation of property rights of registered trademarks by the people's courts

(Summary description)People'sRepublicofChina'sannouncementoftheSupremePeople'scourt"interpretation"oftheSupremePeople'sCourtonthepreservationofpropertyrightsofregisteredtrademarksoftheSupremePeople'sCourtonNovember22,2000the1144thmeetingofthejudicialcommittee,isherebypromulgatedandshallcomeintoforceasofJanuary21,2001.ExplainthetwoOOyearinJanuary2ndtheSupremePeople'sCourtonthepreservationofpropertyrightsofregisteredtrademarks(theSupremePeople'sCourtonNovember22,2000bythe1144thmeetingofthejudicialcommittee)LawInterpre

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  • Time of issue:2017-07-21 00:00
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People's Republic of China's announcement of the Supreme People's court "interpretation" of the Supreme People's Court on the preservation of property rights of registered trademarks of the Supreme People's Court on November 22, 2000 the 1144th meeting of the judicial committee, is hereby promulgated and shall come into force as of January 21, 2001.


Explain the two OO year in January 2nd the Supreme People's Court on the preservation of property rights of registered trademarks (the Supreme People's Court on November 22, 2000 by the 1144th meeting of the judicial committee) Law Interpretation No. [2001]1 in order to correctly implement the measures for the preservation of property rights of registered trademarks, to avoid duplication of preservation, the people's Court of the registered trademark right of property the preservation is explained as follows:


Article 1 the people's court according to the relevant provisions of the civil procedure law to adopt property preservation measures, the need for the preservation of the registered trademark, shall be submitted to the State Administration for Industry and Commerce Trademark Office (hereinafter referred to as the Trademark Bureau) issued a notice for assistance in execution, required to assist the trademark office name, registered trademark of the preservation of the registered person, the registration number, the preservation period and assist in the implementation of preservation of the content, including the prohibition of transfer, cancellation of the registered trademark, and for modifying the registration of trademark pledge registration.


Article second the time limit for the preservation of registered trademark rights shall not exceed six months, counting from the date when the Trademark Office receives the notification of the execution of the assistance. If it is still necessary to continue to take measures for the protection of the registered trademark, the people's court shall issue a notice of assistance to the trademark office before the expiration of the term of preservation, which requires continued preservation. Otherwise, it shall be deemed to automatically terminate the property preservation of the registered trademark.
Article third the people's court shall not carry out repeated preservation of the registered trademark rights which have been preserved.

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