人大常委会丨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 was submitted for review, aiming to enhance trademark registration, management, and protection systems, while addressing issues such as malicious trademark registration and deceptive trademarks [1][2]. Group 1: Trademark Registration - The draft establishes a dedicated chapter to consolidate and improve trademark registration conditions previously scattered across various sections [1]. - It specifies that trademarks applied for purposes other than use, or those that exceed normal business needs, will not be registered [1]. - The protection of well-known trademarks is strengthened, prohibiting the registration of others' well-known trademarks across dissimilar goods, regardless of registration status [1]. Group 2: Trademark Management - The draft includes provisions to correct misleading use of registered trademarks, with penalties for non-compliance, including fines of up to 50,000 yuan [1]. - In severe cases, the State Council's trademark management department can revoke the registered trademark [1]. - There is an emphasis on regulating trademark agencies and their personnel [1]. Group 3: Trademark Infringement Protection - The draft enhances the investigation of trademark infringement, including provisions for criminal referral and collaborative handling of cases [2]. - It establishes penalties for malicious trademark litigation, holding offenders liable for civil damages [2].