商标纠纷的法解释(英文).doc

Interpretation by the Supreme Peoples Court of Several Issues Relating to Application of Law to Trial of Cases of Civil Disputes over Trademarks (Adopted at the 1246th Meeting of the Adjudication Committee of the Supreme Peoples Court on 12 October 2002 and entering into force on 16 October 2002) The following Interpretation of the several issues relating to application of law is hereby made in accordance with the General Principles of the Civil Law of the Peoples Republic of China, the Contract Law of the Peoples Republic of China, the Trademark Law of the Peoples Republic of China and the Civil Procedure Law of the Peoples Republic of China with a view to correctly hearing cases of trademark disputes: Article 1 Following acts are acts under Article 52 (5) of the Trademark Law that cause, in other respects, prejudice to the exclusive right of others to use registered trademarks: (1) Using prominent lexical items identical with or similar to another persons registered trademark as ones own enterprise name on identical or similar goods, which is easy to cause confusion on the part of the relevant public; (2) Reproducing, imitating and translating another persons registered well-known trademark or the main part thereof to be used on unidentical or dissimilar goods as a trademark and to mislead the public, which is likely to result in prejudice of the interests of the well-known mark registrant; (3) Registering lexical items identical with or similar to another persons registered trademark as a domain name, and conduct, via the domain name, e-commerce in the trade of relevant goods, which is easy to cause confusion on the part of the relevant public. Article 2 Under Article 13, paragraph one, of the Trademark Law, where the well-known trademark of another person that is not registered in China or the main part thereof is reproduced, imitated or translated to be used as a trademark on identical or similar goods, which is likely to cause confusion, the civil liability s