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商标恶意抢注和囤积行为整治
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国家知识产权局:对“心机商标”加大整治力度
Zhong Guo Xin Wen Wang· 2026-01-23 03:31
Core Viewpoint - The National Intellectual Property Administration (NIPA) is intensifying efforts to regulate malicious trademark registration and hoarding behaviors, with recent amendments to the trademark law aimed at enhancing trademark management and protection to promote economic and social development [1][2]. Group 1: Regulation of Trademark Practices - The NIPA aims to address prominent issues in the trademark sector by implementing stricter regulations against applications that are not intended for use and exceed normal business needs, explicitly stating that such trademarks will not be registered [1]. - There will be increased efforts to combat "malicious registration" and "hoarding" of trademarks, with severe penalties including the cancellation of trademarks that mislead the public [1]. - The NIPA plans to utilize a trademark exit mechanism, allowing for the cancellation of trademarks that have not been used for three consecutive years without valid reasons, addressing the issue of "heavy re-registration and light usage" [1]. Group 2: Optimization of Business Processes - The trademark registration opposition period will be shortened from three months to two months to better meet the needs of businesses seeking quicker rights acquisition [2]. - Applicants will be allowed to voluntarily withdraw their trademark registration and review applications, respecting their personal intentions [2]. - The NIPA will improve the procedures for trademark authorization and confirmation, reducing the costs and litigation burdens for applicants [2]. Group 3: Alignment with International Standards - The amendments will align with high-standard international trade rules, ensuring that unregistered well-known trademarks receive cross-class protection [2]. - The introduction of "dynamic marks" as a new category for trademark registration will accommodate modern business needs, including mobile device animations and software displays [2]. - The law will also reserve space for other forms of elements to be registered as trademarks, catering to innovative business models [2].