整治“心机”商标 让制度为品牌建设保驾护航

Core Viewpoint - The Chinese intellectual property sector is poised for significant reform, particularly with the upcoming systematic amendments to the trademark law aimed at enhancing market fairness and protecting consumer rights [1][2]. Group 1: Trademark Regulation Changes - The draft amendment to the trademark law will intensify the crackdown on misleading trademarks, known as "tricky trademarks," which mislead consumers about product quality and characteristics [1]. - The new regulations will allow for the cancellation of trademarks that are registered without the intent to use them or that exceed normal business needs, addressing malicious registration and hoarding behaviors [2]. - The draft introduces a proactive cancellation mechanism for trademarks that become generic or are not used for three consecutive years, shifting from a reactive to a more active regulatory approach [2]. Group 2: Legal and Administrative Improvements - The amendment will penalize malicious trademark litigation, promoting a balance between rights and responsibilities in trademark protection, thus curbing unfair competition and abuse of the legal system [2]. - The trademark registration opposition period will be reduced from three months to two months, and applicants will be allowed to withdraw applications voluntarily, enhancing administrative efficiency and reducing transaction costs [3]. Group 3: International Standards and Brand Development - The draft aligns with international trade rules by allowing dynamic signs as trademark registration elements, reflecting the needs of the digital economy and new business models [3]. - The reform aims to transform China's vast number of registered trademarks into high-quality brand value, which is essential for becoming a strong brand nation [4]. - The systematic revision of the trademark law is a critical legal measure for optimizing the business environment and building a unified national market, guiding resources towards valuable brands [4].