Amendment of China Trademark Law
date: 2020-06-11 Rui Tang Read by:

The 13th NPC standing committee decides to amend China Trademark Law.  Below we listed the comparison between the previous version of China Trademark Law and current version of China Trademark Law.

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According to the CNIPA, this amendment mainly involves the following three aspects:

First, the obligation of trademark use should be strengthened, and the provision that "a malicious trademark registration application not for the purpose of use should be rejected" is added.  Such obligation is applied in the ex officio examination stage to realize the threshold of cracking down on malicious registration forward, and it is directly applied to the objection procedures and invalidation procedures as a clause for raising objection and requesting invalidation.  The CNIPA directly rejected 37 “李文亮” trademarks and 63 marks related to the corona virus, such as “雷神山”, “火神山”, “钟南山” and “”方舱.

The second is to standardize the regulation of trademark agency, stipulating that the trademark agency shall not accept entrustment if it knows or should know that the principal has maliciously registered trademark; once discovered, the agency will be investigated responsibility according to law.  Recently, there are several trademark agencies are punished because they represented applicants to file the trademarks, “雷神山” (lei shen shan) and “火神山” (huo shen shan) which are the name of the hospitals built for fighting against the corona virus in Wuhan, China.

The third is to regulate the punishment measures to the applicant, the trademark agency's malicious application for trademark registration, malicious litigation action.

Therefore, the regulation of malicious registration behavior runs through the whole trademark application registration and protection procedures, including the applicant and the oblige as well as the agency.


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