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打击恶意抢注商标
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加大打击恶意抢注等行为
Xin Lang Cai Jing· 2025-12-26 19:01
Core Viewpoint - The revision of the Trademark Law is a systematic institutional upgrade aimed at addressing issues such as malicious registration, trademark hoarding, and infringement, which is significant for transitioning China from a trademark registration powerhouse to a strong trademark brand nation [1] Group 1: Issues Addressed - The revision targets prominent issues like malicious registration and trademark hoarding that disrupt fair market competition [1] - In the first half of 2023, the National Intellectual Property Administration dealt with over 249,000 cases of malicious trademark registration, with 205,000 cases in the first half of 2024, indicating a persistent high level of such activities [1] Group 2: Legislative Proposals - Article 18 of the draft stipulates that trademarks applied for without the intent to use and exceeding normal business needs will not be registered, with clear penalties outlined [1] - Suggestions include increasing management of trademark agencies and agents, enhancing industry self-regulation, and establishing a compulsory trademark transfer system to protect legitimate rights [1] Group 3: Enforcement and Regulation - There is a call for stronger enforcement measures and improved regulatory frameworks to combat increasingly covert trademark infringement [1] - Recommendations include introducing specific legal responsibilities for obstructing trademark administrative enforcement and implementing a dual penalty system for both entities and individuals involved in violations [1] Group 4: New Business Models - The rise of e-commerce and live streaming has led to frequent trademark infringements, necessitating enhanced protection measures in the online environment [1] - Suggestions include clarifying the responsibilities of e-commerce platforms regarding the review, monitoring, and handling of trademark information for merchants [1]