商标法修订草案首次提请审议，“打擦边球”或面临严惩

Core Viewpoint - The draft amendment to the Trademark Law, which will be reviewed by the National People's Congress Standing Committee on December 22, aims to enhance trademark registration, management, and protection systems while strengthening the crackdown on trademark infringement behaviors [1][2]. Group 1: Trademark Registration - The draft amendment introduces a dedicated chapter to consolidate and improve the conditions for trademark registration, explicitly stating that applications made without the intent to use or that exceed normal business needs will not be registered [1]. - The amendment enhances the protection of well-known trademarks by prohibiting the registration of others' well-known trademarks across dissimilar goods, expanding the prohibition to include both registered and unregistered trademarks [1]. Group 2: Trademark Management - The draft includes provisions that require the responsible trademark enforcement departments to order corrections for misleading use of registered trademarks, with fines of up to 50,000 yuan for non-compliance, and severe cases may lead to the cancellation of the registered trademark by the State Council's trademark management department [1]. - There is an emphasis on regulating trademark agencies and the professionals working in trademark agency roles [1]. Group 3: Trademark Infringement Protection - The amendment strengthens the investigation of trademark infringement, adding provisions for the transfer and collaborative handling of cases suspected of criminal trademark infringement [2]. - It also stipulates penalties for malicious trademark litigation, holding offenders liable for civil damages caused [2].