商标法5年来首次修订，剑指“千禾0”“多半桶”等重大乱象

Core Viewpoint - The long-awaited trademark law revision draft has entered the legislative process, aiming to address issues such as malicious trademark registration and litigation, which have garnered significant public attention [4][6]. Group 1: Background and Context - The State Intellectual Property Office released a draft for public consultation in January 2023, which has undergone nearly three years of refinement before being presented for legislative review [5]. - As of the end of 2024, China has accumulated 83.52 million trademark applications, with 49.77 million valid registered trademarks, leading the world in both categories [8]. Group 2: Issues in Trademark Registration - Malicious trademark registrations and lawsuits have become prevalent, with examples including the malicious registration of terms like "Bing Dwen Dwen" and "Gu Ailing" [6][8]. - The current trademark law, enacted in 1983, has undergone four minor revisions, with this being the first major overhaul in over five years [7]. Group 3: Legislative Changes - The revision draft emphasizes problem-oriented solutions, focusing on improving trademark registration, management, and protection systems [15]. - The draft specifies that applications for trademark registration that are not intended for use and exceed normal business needs will be rejected, enhancing the criteria for registration [16]. - It strengthens the protection of well-known trademarks by prohibiting the registration of similar trademarks across different product categories, regardless of their registration status [17]. Group 4: Enforcement and Penalties - The draft introduces penalties for misleading public use of registered trademarks, including fines of up to 50,000 yuan for non-compliance [18]. - It aims to address cases of malicious registration and litigation effectively, thereby maintaining market order and protecting consumer rights [19]. Group 5: Judicial Experience and Future Considerations - The draft incorporates judicial experiences by imposing penalties for malicious trademark litigation and holding offenders liable for damages [22]. - There are suggestions to increase official fees for trademark applications to deter malicious registrations, as the current fee structure presents minimal economic barriers [20].