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Essay / Trademark Laws in China - 972
In the global financial environment, China is considered a large market for all international companies. When a brand wants to enter China, can its brand be protected in the potential market? For example, CarMan, a registered German brand, is famous in Europe after several years of use. Today, CarMan is eager to enter the Chinese market, but the same brand has been registered and used in the same products as CarMan. The next part attempts to resolve disputes arising from situations such as CarMan.I. Trademark Law in ChinaA. Development of Trademark LawAfter the founding of the People's Republic of China, the trademark law legislation of the People's Republic of China (collectively "Trademark Law") has undergone significant changes to reach the current framework. The regulation promulgated in 1963 modified the previous version, which linked the use of trademarks to product quality control. The modern trademark regime that emerged in China began with the introduction of a new trademark law in 1982. This was the most comprehensive to date and served to address many of the concerns of new foreign investors. in China. In 1993, the trademark law was amended. The last amendment took place in 2013 and added a stricter standard of adjudication for bad faith registration and specific rules for the process of defining well-known marks. This amendment will come into force on May 1, 2014.B. Statute/code adopted to comply with the Paris ConventionChina provides special protection to the well-known mark after becoming a member of the Paris Convention in 1984. Regarding Article 6bis of the Paris Convention, prohibiting use and register the well-known trademark of another, time limit for doing so and bad faith are taken into consideration. The Chinese paper center......rMan, may have gained a great reputation among its fans in China. However, under China's current trademark law, it is difficult for CarMan to obtain special protection for well-known trademarks. Because in the second recognition factorB. Distinctive characterC. Previous dayD. Bad FaithIV. Use before registrationDistinctionThe basic principle of China's trademark protection laws is that trademark rights derived from the use of unregistered trademarks are not generally recognized, and, on the whole, the use of a trademark does not is not relevant. Exclusive rights to use the trademark are granted to the first applicant for registration of a particular trademark. The only exception is when more than one application for the right to use the same or similar product is filed on the same day. In such a case, the first to use the mark will receive prior authorization..