Legal analysis: On November 6, my country’s first intellectual property court, the Beijing Intellectual Property Court, officially performed its statutory duties, marking the first step in the reform of the judicial system deployed by the Third and Fourth Plenary Sessions of the 18th CPC Central Committee. Take an important step. The newly established Beijing Intellectual Property Court has four tribunals and technical investigation rooms, two judicial auxiliary agencies of the Judicial Police Team, and one comprehensive administrative agency. It has centralized jurisdiction over intellectual property civil and administrative cases that were originally under the jurisdiction of the Beijing Intermediate People's Courts. An Fengde, spokesperson of the Beijing Higher People's Court, said that the scope of first-instance cases accepted by the Beijing Intellectual Property Court includes: patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software and other technical civil and administrative cases. ; Administrative cases involving litigation involving administrative actions involving copyright, trademark, unfair competition, etc. made by departments of the State Council or local people's governments at or above the county level; civil cases involving the identification of well-known trademarks. The court of appeal is the Beijing Higher People's Court. In addition, the court has exclusive jurisdiction over first-instance authorization and confirmation cases, as well as appeals from first-instance civil and administrative judgments and rulings on intellectual property rights made by the Beijing Basic People's Court.
Legal basis: "Trademark Law of the People's Republic of China"
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization on its goods or services to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply to the Trademark Office for trademark registration. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.