人大常委会 | 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, explicitly stating that applications for trademarks not intended for use or exceeding normal business needs will be rejected [1]. - It strengthens the protection of well-known trademarks by prohibiting the registration of others' well-known trademarks across different or unrelated goods, regardless of registration status [1]. Group 2: Trademark Management - The amendment introduces regulations that require public correction of 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 their personnel to ensure compliance with the new standards [1]. Group 3: Trademark Infringement Protection - The draft enhances the investigation of trademark infringement, including provisions for transferring cases suspected of criminal activity and collaborative handling [2]. - It also stipulates penalties for malicious trademark litigation, holding offenders civilly liable for any damages caused [2].