商标法修订草案首次提请审议 “打擦边球”或面临严惩(新华社)
Xin Hua She·2025-12-25 09:02

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 the registration, management, and protection of trademarks while addressing issues such as malicious trademark registration and misleading registrations [1][2]. Group 1: Trademark Registration - The draft amendment includes a dedicated chapter that consolidates and improves 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 strengthens the protection of well-known trademarks by prohibiting the registration of others' well-known trademarks, regardless of whether they are registered or not, in unrelated or dissimilar goods [1]. Group 2: Trademark Management - The draft introduces regulations that require public correction of misleading use of registered trademarks, with penalties 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 within them to ensure compliance with the new standards [1]. Group 3: Trademark Infringement Protection - The amendment enhances the investigation of trademark infringement, including provisions for the transfer and collaborative handling of cases suspected of criminal activity related to trademark infringement [2]. - It also establishes penalties for malicious trademark litigation, holding offenders accountable for civil liabilities if they cause losses [2].

商标法修订草案首次提请审议 “打擦边球”或面临严惩(新华社) - Reportify