The New Trademark Law Is Full Of Infringement Or Will Be Severely Punished.

< p > 1982, the Trademark Law of the People's Republic of China promulgated and promulgated by China is China's first intellectual property law.

Since then, the Standing Committee of the National People's Congress has amended the trademark law two times.

The current trademark law has a milestone significance in the process of China's intellectual property legal system construction.

As of the end of 2012, China's trademark total application volume, cumulative registration volume and effective registered trademark volume ranked first in the world.

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< p > however, with the development of China's socialist market economy, some of the contents of the existing trademark law have been difficult to meet the needs of practice, mainly due to the cumbersome procedures of trademark registration, too long time for trademark registration, more malicious registered trademarks, and trademark infringement has not been effectively curbed.

In this case, SAIC launched the third revision of the trademark law.

In August 30, 2013, the People's Republic of China trademark law amendment (Draft) (hereinafter referred to as the new < a href= "http://www.91se91.com/news/list.aspx Classid=101112107" > trademark law < /a >) passed the vote of the National People's Congress.

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< p > in the third Plenary Session of the 18th CPC Central Committee, the party proposed to deepen the reform in an all-round way. The implementation of the new trademark law is one of the many new reforms in China.

The new trademark law came into effect in May 1, 2014.

From voting to formal implementation, the period has been set up for 8 months.

The preparation period of the new law is the longest in the previous revision of trademark law, which proves that the new trademark law has changed the most from other aspects.

The trademark law reform has penetrated every link of trademark application, registration, management, confirmation and protection. Fifty-three amendments have been made to the current trademark law, and the full text of trademark law has increased from sixty-four to seventy-three.

All enterprises and institutions need special training and learning in accordance with the new trademark law, so as to enable the trademark management of the company to smoothly pass through the convergence period of the old and new laws.

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< p > < strong > highlight 1: increase the principle of good faith, < /strong > < /p >

The seventh article of the new "trademark law" stipulates that "the application of registration and the use of trademarks should follow the principle of good faith". P

The basic principles to be followed in civil activities should be clearly written into the trademark law. The purpose is to advocate that market players should be honest and trustworthy when engaging in the activities of trademarks, while regulating the current increasingly rampant trademark registration.

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< p > it is foreseeable that this provision will be widely applied in future trademark rights and rights protection cases as a revealing clause.

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< p > < strong > highlight two: "voice" can also be registered trademark < /strong > < /p >.

< p > < strong > the eighth law of the new trademark law stipulates that voice can be applied for registration as a trademark.

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< p > sound trademark is the most widely used non-traditional trademark. It mainly focuses on advertising such as multimedia and other non-traditional enterprises as well as some well-known enterprises, such as soundtrack in movies, TV and radio advertisements, the launching of APP applications or other electronic publications, backstage music.

For traditional industries, sound trademarks are also more important. Well-known enterprises should make full use of the newly established rights of the law to protect the intangible assets of enterprises. In the future, consumers will be able to apply for registration as trademarks, such as Tsing QQ message, NOKIA, Intel, Audi and so on.

For enterprises with no sound trademarks before, they can use the trademark rights granted by the new law, carry out the marketing and marketing of the voice as the medium, and cooperate with the increasingly important e-commerce channels, which will help attract more consumers and achieve better market results.

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< p > < strong > highlight three: propaganda ban "< a href=" http://www.91se91.com/news/list.aspx Classid=101112108 "> well-known trademark < /a >" /strong > /p >

< p > the fourteenth article and fifth paragraph of the new trademark law stipulates that "producers and operators shall not use the words" well-known trademarks "in commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.

In violation of this regulation, according to the fifty-third article, "the local industry and commerce administration department shall order correction and impose a fine of one hundred thousand yuan."

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"P" "well-known trademark" is originally a legal concept to strengthen the protection of high known trademarks, but for a long time, the market operators used the "well-known trademark" as a kind of honor in the product or publicity activities.

The strong demand of the advertising effect of well-known trademarks has contributed to the alienation of the well known trademark system to a certain extent.

Xu Ruibiao, director general of the Trademark Bureau of the State Administration for Industry and commerce, explained: "well-known trademarks are not a concept of honor, but a legal concept.

The purpose of establishing a well-known trademark system is to solve trademark disputes.

Some enterprises regard well-known trademarks as the gold signboards for promoting products. Printing the words "well-known trademarks" on the packaging and widely used in advertising is actually an unfair competition.

Dong Baolin, senior economist of the former State Administration for Industry and Commerce and director of the expert committee of the China Trademark Association, said: "the core of this trademark law revision is to strengthen the protection of well-known trademarks.

The revised trademark law should be a step forward.

Some regulations on well-known trademarks have blocked the unfair competition of illegal operators in the market.

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< p > the new trademark law has increased the prohibition provisions on the publicity and use of well-known trademarks, aiming to return the well-known trademarks to a legal symbol.

For a large number of well-known trademark enterprises, if the well-known trademark is used as advertising and publicity, it is necessary to adjust and stop using the "well-known trademark" as soon as possible before the implementation of the new trademark law.

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< p > < strong > highlight four: prohibit malicious rush to register others' trademarks < /strong > < /p >

< p > the fifteenth article of the new trademark law adds second paragraphs: "the trademark that applies for registration of the same commodity or similar commodity is identical or similar to that of the unregistered trademark previously used by another person. If the applicant has any other contract or business relationship or other relationship with the other person before the other part of the preceding paragraph, and the other person's trademark is known, the objection shall not be registered."

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< p > the purpose of increasing this clause is mainly to prevent registration of the trademark that others already used first. This amendment has further increased the protection of the used but unregistered trademark on the basis of the original provisions, and can effectively curb the phenomenon of frequent trademark rush registration to a certain extent.

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< p > < strong > highlight five: multiple categories of commodities may apply for registration of the same trademark < /strong > < /p >

< p > the twenty-second article and second paragraph of the new trademark law stipulates that "the applicant for trademark registration may apply for registration of the same trademark on a number of categories of commodities through an application."

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< p > "one mark and many categories" is a major change in China's trademark application system in line with international practice.

The starting point of setting up this system is to facilitate applicants to apply for registration of the same trademark in multiple categories, which is undoubtedly good news for enterprises with large scale, cross class operation and focusing on the protection of trademark registration.

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< p > < strong > highlights six: < a href= "http://www.91se91.com/news/list.aspx Classid=101112102" > malicious infringement < /a > can be punished three times compensation < /strong > /p >

< p > the new trademark law introduces the punitive damages system. It stipulates that the amount of compensation can be determined within the range of 1 to 3 times the amount of the infringer's loss due to infringement, the interests gained by the infringer due to infringement or the licensing fee of the registered trademark.

At the same time, the new trademark law will also raise the upper limit of the statutory compensation amount from 500 thousand yuan to 3 million yuan when the above three kinds of evidence can not be identified.

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< p > the above amendments mainly focus on the fact that the rights holders are too expensive to protect their rights in practice, and the right to protect their rights often outweigh the gains.

The amendment will play a positive role in protecting the legitimate rights and interests of trademark owners and combating trademark infringement.

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< p > < strong > highlight seven: increase the burden of proof of the infringer < /strong > < /p >

< p > the new trademark law stipulates that in the case of trademark infringement, the people's court can order the infringer to provide books and materials related to the infringement, in order to determine the amount of compensation, if the obligee has tried to give evidence and the books and materials related to the infringement act are mainly under the circumstances of the infringer, the people's court can determine the amount of infringement compensation by reference to the claims of the right person and the evidence provided by the infringer.

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< p > this greatly reduces the burden of proof of the trademark owner in claiming compensation for infringement, so that the people's court can have more legal basis in determining the amount of compensation, and it has a positive significance in combating trademark infringement.

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