State Intellectual Property Office: The new round of revisions to the Trademark Law and its Implementing Regulations plans to set up an ex officio cancellation announcement procedure for preliminary approval!-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office: The new round of revisions to the Trademark Law and its Implementing Regulations plans to set up an ex officio cancellation announcement procedure for preliminary approval!

Release Time：

2022-09-09

Recently, the State Intellectual Property Office issued a letter responding to Proposal No. 02321 (Political and Legal No. 185) of the Fifth Session of the 13th CPPCC National Committee. It is mentioned that the first is to strengthen the construction of integrity in the trademark field, emphasizing that no fraud or other improper means should be used to apply for or obtain trademark registration; research and clarify the legal liability for providing false materials; strengthen credit supervision and credit punishment. The second is to further regulate malicious registration of trademarks, and study effective regulation by increasing the amount of fines, clarifying the civil liability for losses caused by malicious registration to others, establishing a transfer system for malicious registration of trademarks, and improving the rules for prohibiting and prohibiting registration of trademarks containing place names. Bad faith registration of trademarks. The third is to standardize the exercise of rights, prevent the abuse of rights, and clarify the boundaries of the exercise of trademark exclusive rights; it is planned to stipulate that for those who improperly exercise trademark exclusive rights, their registered trademarks can be revoked; and study the introduction of a malicious litigation and counter-compensation system. The fourth is to strengthen the social nature of trademark review and adjudication work, and plans to set up an ex officio announcement procedure for the cancellation of preliminary approval. The fifth is to strengthen the supervision and management of the trademark agency industry, clarify the access requirements for the trademark agency industry, and standardize trademark agency behavior.

Letter from the State Intellectual Property Office regarding Proposal No. 02321 (Politics and Laws No. 185) of the Fifth Session of the 13th CPPCC National Committee

Huang Xiqin and other 15 committee members:

Your "Proposal on Accelerating the Revision of the Trademark Law and its Implementing Regulations" submitted by you has been received. Your reply is as follows:

Improving the trademark legal system is an important part of improving the property rights protection system. It is also a practical requirement for continuously optimizing the business environment and promoting the high-quality development of the socialist market economy. Our office strongly agrees with the members’ opinions and suggestions on strengthening system design, optimizing procedures, strengthening obligations and clarifying the boundaries of power, and adapting to the new situation of rapid technological development, and will focus on them in the preparations for the new round of revision of the Trademark Law and its Implementing Regulations Attentive and well researched.

Our office attaches great importance to the construction of the trademark legal system. Our office attaches great importance to the construction of the trademark legal system. After the institutional reform in 2018, the State Intellectual Property Office was reorganized and immediately began preparations for comprehensive revision of the Trademark Law . In 2019, in response to the urgent and outstanding issues existing in the trademark field at that time, individual provisions of the Trademark Law were revised, achieving remarkable results in combating malicious registration of trademarks and strengthening the protection of trademark rights. As the members said, due to the limited content involved in this revision, it cannot comprehensively solve the existing problems in the trademark field. At the same time, some contents in the current trademark legal system that are not compatible with practice and development needs have become increasingly prominent. In recent years, on the basis of continuously tracking the implementation effects of the Trademark Law and its Implementing Regulations and summarizing practical experience in trademark work, our office has actively promoted the preparations for a new round of comprehensive revision of the Trademark Law The target direction and main contents of the system that need to be further improved, conduct in-depth research and demonstration on key issues such as combating malicious registration of trademarks, strengthening trademark use obligations, optimizing authorization and confirmation procedures, and solidly promote the preparations for revising and improving the Trademark Law and its implementing regulations . Currently, the revision of the Trademark Law and its Implementing Regulations has been included in the second category of legislative projects in the 2022 legislative work plan of the State Administration for Market Regulation.

1. Regarding "Better reflecting the balance between public interests and private rights protection in system design"

Preparatory work for the new round of revision of the Trademark Law and its Implementing Regulations will adhere to the concepts of putting people first, safeguarding social fairness and justice and fair competition market order, and serving high-quality economic and social development, and pay more attention to rights protection and public interests, social effects, and Prioritize the balance of rights, clarify the boundaries of the exercise of rights, solve the problem of insufficient protection of public interests, and promote a reasonable balance of rights and obligations. The first is to strengthen the construction of integrity in the trademark field, emphasizing that no fraud or other improper means should be used to apply for or obtain trademark registration; study and clarify the legal liability for providing false materials; strengthen credit supervision and credit punishment. The second is to further regulate malicious registration of trademarks, and study effective regulation by increasing the amount of fines, clarifying the civil liability for losses caused by malicious registration to others, establishing a transfer system for malicious registration of trademarks, and improving the rules for prohibiting and prohibiting registration of trademarks containing place names. Bad faith registration of trademarks. The third is to standardize the exercise of rights, prevent the abuse of rights, and clarify the boundaries of the exercise of trademark exclusive rights; it is planned to stipulate that for those who improperly exercise trademark exclusive rights, their registered trademarks can be revoked; and study the introduction of a malicious litigation and counter-compensation system. The fourth is to strengthen the social nature of trademark review and adjudication work, and plans to set up an ex officio announcement procedure for the cancellation of preliminary approval. The fifth is to strengthen the supervision and management of the trademark agency industry, clarify the access requirements for the trademark agency industry, and standardize trademark agency behavior.

2. Regarding “Optimizing the Trademark Examination Procedure”

Efforts will be made to optimize the procedures for trademark authorization and confirmation, and promote efficient coordination in all aspects of trademark review, application management, administrative law enforcement, and judicial trials. The first is to improve the quality and efficiency of trademark examination and dispute resolution, and study various methods to reduce the parties' rights acquisition, rights protection and management costs by shortening the opposition application period, optimizing the opposition review model, and improving the opposition relief procedures. The second is to promote linkage between procedures, study and improve the relevant regulations on payment, acceptance, withdrawal, suspension, same-day application and repeated registration, so as to avoid idle procedures and waste of administrative resources. The third is to strengthen coordination among systems and improve the connection and matching with other laws, regulations and relevant international treaties.

3. Regarding “Strengthening Usage Obligations and Power Boundaries”

Continue to strengthen the obligation to use trademarks, make up for its shortcomings on the basis of adhering to the existing registration system, and strive to solve the problem of "emphasis on registration and neglect of use". The first is to improve the concept of trademark use and highlight the basic status of use. The second is to study the feasibility of introducing a trademark use commitment and a system of voluntarily submitting a description of use during the period of existence on the basis of retaining the original withdrawal system. Third, it is planned to add ex officio cancellation provisions for trademarks. If the trademark registrant fails to fulfill its commitment to use, fails to submit a description of use in accordance with the law, or improperly exercises the exclusive right to use the trademark, its registered trademark can be canceled ex officio.

4. Regarding “Adapting to the New Situation of Rapid Technological Development”

We will continue to adapt to the needs of scientific and technological progress and economic and social development, and strive to provide greater convenience to market entities. The first is to update the concept, optimize the structure of the trademark law system, improve the legislative purpose, highlight the protection of property rights, and regard the promotion of high-quality development of the socialist market economy as the institutional goal. The second is to assist the digital transformation and upgrading of the trademark industry, study and improve relevant rules for electronic applications, electronic delivery, electronic evidence, electronic registration certificates, electronic documents, and electronic files, and promote the electronicization and convenience of business processing. The third is to strengthen the protection of trademark exclusive rights and well-known trademarks in the Internet environment, and crack down on "famous brands" and "free riding" that hinder fair competition. The fourth is to support trademark brand building to better serve national, local and industrial development; strengthen the construction of the trademark public service system, guide and promote the effective use of trademark information. The fifth is to adapt to the changes in the functions of government departments after the institutional reform, clarify the responsibilities and obligations of the intellectual property authorities and law enforcement departments, and enhance the collaborative governance capabilities in the trademark field.

In the next step, preparations related to the revision of the Trademark Law and its implementing regulations will be accelerated. The first is to strengthen systematic research, solve the coordination and connection issues between the content to be revised and trademark practice, analyze the system costs and potential risks, and conduct a legality assessment. The second is to organize special symposiums and expert discussions to extensively listen to the opinions of other relevant departments, judicial organs at all levels, local intellectual property management departments, relevant experts and scholars, and industries, and promptly incorporate useful suggestions into laws and regulations. in the modified content. The third is to integrate research results and formulate a draft revision of the Trademark Law and its Implementing Regulations as soon as possible, strive to publicly solicit opinions from the whole society before the end of the year, submit legislative work suggestions and related materials to the legislative body in a timely manner, and strive to be included in the 14th The five-year legislative plan of the Standing Committee of the National People's Congress.

I sincerely thank you for your concern for intellectual property work. I hope you will continue to pay attention to the development of intellectual property and provide more valuable opinions and suggestions on the improvement of the trademark legal system.

State Intellectual Property Office

August 31, 2022

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