Trademark dilution in China

Sophie Zhao and George Chan of Rouse explain how the phrase ‘misleading the public’ is interpreted under Chinese law

Sophie Zhao is a manager working in the Trademark Group in Rouse Beijing office. She handles a wide range of trademark as well as domain names work, including but not limited to opposition, cancellation, negotiation regarding trade mark acquisition, domain name registration and dispute. Sophie joined Rouse in 2007.

Trademark dilution in China refers to dilution of the distinctiveness of a well-known mark, and Chinese courts have in the past flirted with the idea of making the recognition of trademark dilution a part of Chinese trademark law. The recently issued Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-Known Trade Marks (Interpretation) , which came into force on 1 May 2009, for the first time provides formal recognition of this legal doctrine by China’s highest court as a basis for rejecting a trademark application. The Interpretation also provides for the correct method for assessing dilution and provides clarification of the earlier practice of the China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB).