Regulations on the Implementation of the Trademark Law(“New Implementation”) has come into effect since May 1, 2014

New Implementation was published by State Council, which includes the following main issues:

To refine the formal element for the newly added object. Take the sound mark for example, the applicant shall submit the sample of sound, and the sample shall be stored in light disk in WAV or MP3 mode, and less than 5MB. If the sample is submitted by means of paper, it shall be stored in CD-ROM; the applicant shall describe the sound mark, the description of the sound mark shall include musical notes or numbered musical notation, together with description in text; if the sound cannot be described in musical notes or numbered musical notation, it shall be described in text.

To refine the categories of infringement related to registered trademarks. Such as, “to provide convenience” includes providing warehousing, transportation, mailing, printing, occult, business premises, online trading platform; “infringement of registered trademark rights” includes using a trademark that is similar to a registered trademark in respect of the identical goods, or using a trademark that is identical with or similar to a registered trademark in respect of the similar goods, and is likely to cause confusion.

To refine the elements to calculate illegal turnover. Such as, price of infringing goods, marked price of unsold infringing goods, average price of the sold infringing goods, middle price of infringed goods in the market, profit arising from infringement and etc..

To list the evidence to prove the party who sells goods that does not know has infringed registered trademark right. Such as the verified lists or receipts of goods with the legitimate seal or signature of the supplier or the supplier recognize the said lists or receipts; the executed contracts which have been performed; the legitimate purchase invoices listed the goods which shall be correspond to the infringing goods.