International Agreements and the Framework of Legal Protection (3)Nice Agreement Moreover,China became a party to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks in 1994 The Nice Agreement requires signatory countries to use a single system for classifying goods and services for the purposes of trademark registration
International Agreements and the Framework of Legal Protection (3) Nice Agreement • Moreover, China became a party to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks in 1994 • The Nice Agreement requires signatory countries to use a single system for classifying goods and services for the purposes of trademark registration
1.2 Summary:Registration Rules The above-mentioned national laws and international laws established and ensured the most important rules related to trademark protection: the registration rule and the first-to-file rule. The registration rule mainly means that (1)only the registered trademark is protected in China(territorial protection principle )and (2)one registration is valid for 10 years starting from the Date of Registration and can be renewed indefinitely,each time lasting for 10 years
1.2 Summary：Registration Rules • The above-mentioned national laws and international laws established and ensured the most important rules related to trademark protection: the registration rule and the first-to-file rule. • The registration rule mainly means that (1) only the registered trademark is protected in China (territorial protection principle )and (2) one registration is valid for 10 years starting from the Date of Registration and can be renewed indefinitely, each time lasting for 10 years
1.3 Registration with pre-empting effect Registration,First-to-File doctrine vs.Prior Use 。 According to the First-to-File doctrine,the first applicant to file an application for Registration of a Trademark will pre- empt all later applicants.This further implies that the prior use of an unregistered trademark is generally irrelevant, unless such unregistered trademark is a so-called "well- known”trademark.(case“张小泉剪刀”) ● In addition,where two applications for the identical or similar marks on identical or similar goods are filed on the same day,the preliminary approval will be given to the mark which is first used in commerce. Moreover,this means the one who registers a trademark legally has the right to forbid others from using of the same or similar unregistered trademark in China
1.3 Registration with pre-empting effect • Registration, First-to-File doctrine vs. Prior Use • According to the First-to-File doctrine, the first applicant to file an application for Registration of a Trademark will preempt all later applicants. This further implies that the prior use of an unregistered trademark is generally irrelevant, unless such unregistered trademark is a so-called “wellknown” trademark. (case “张小泉剪刀”) • In addition, where two applications for the identical or similar marks on identical or similar goods are filed on the same day, the preliminary approval will be given to the mark which is first used in commerce. • Moreover, this means the one who registers a trademark legally has the right to forbid others from using of the same or similar unregistered trademark in China
1.4 Record of Registration in China As a result of such rules and due to China's rapid economic growth,China has been experiencing the largest registration volume in the world. Till to the end of year 2004,it was reported that the accumulated registration trademarks achieved 2,200,000.increasing 。in2008:700,000 filing in2008
1.4 Record of Registration in China • As a result of such rules and due to China’s rapid economic growth, China has been experiencing the largest registration volume in the world. • Till to the end of year 2004, it was reported that the accumulated registration trademarks achieved 2,200,000. increasing • in 2008: 700,000 filing in 2008
Cases ·意大利费列罗公司Ferrero Rocher vs.蒙特 莎（张家港）食品有限公司 Ferrero Rocher had not its Chinese character and had allowed infringing use by a Chinese dairy for well over ten years Ferrero Rocher lost the first trial but won on appeal,retrial by Supreme Court in 2008 unfair competition
Cases • 意大利费列罗公司Ferrero Rocher vs. 蒙特 莎（张家港）食品有限公司 • Ferrero Rocher had not its Chinese character and had allowed infringing use by a Chinese dairy for well over ten years • Ferrero Rocher lost the first trial but won on appeal, retrial by Supreme Court in 2008 – unfair competition