The Judging Criteria for Trademark Infringement entered into force on 15 June 2020.
There are 38 articles in total, which aim to provide the relevant trademark law enforcement departments (“the law enforcement departments”) with applicable legal criteria for processing and investigating trademark infringement cases.
The key points are as follows:
The law enforcement departments shall, generally, determine a trademark infringement based on the elements of “trademark use” provided by the Trademark Law.
The term “trademark use” refers to the use of a trademark in goods, commodity packaging, containers, service places and transaction documents, or in advertising, exhibition and other commercial activities to identify the source of goods or services.