The Trademark Law Prohibits Manufacturer Advertising From Using The Words "Well-Known Trademarks" To Stipulate That The Maximum Amount Of Compensation For Infringement Cases Should Be Raised To 2 Million Yuan.

< p > > a href= "http://sjfzxm.com/news/index_q.asp" > trademark law < /a > amendment bill 26 submitted to the third session of the Standing Committee of the twelve National People's Congress for second instance.

Two the review made a number of amendments to the provisions of the well-known trademarks, which explicitly prohibits manufacturers from using the words "well-known trademarks" for advertising, exhibitions and other business activities.

At the same time, the maximum amount of compensation for trademark infringement cases is raised to 2 million yuan.

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< p > this is the second time that the draft amendment to the trademark law was submitted to the Standing Committee of the National People's Congress for deliberation.

Xie Jingrong, vice chairman of the NPC Law Committee, introduced the major amendments to the meeting.

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< p > Xie Jingrong said that the draft has deleted the stipulation that a single color can be registered in a single manuscript, clearly stipulates the cognizance organ and the identification link of well-known trademarks, and prohibits advertising propaganda with well-known trademarks, so as not to mislead consumers.

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< p > draft is also prepared to set up a blacklist of trademark agency organizations, which stipulates that trademark agency organizations, trademark offices and Trademark Review and Adjudication Board, which violate the provisions of law and the principles of urban credit, and have serious circumstances, may decide to stop accepting their trademark agency business and make a public announcement.

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< p > aiming at the predicament of "no enterprise, no trademark has been registered" before, the draft intends to specify the time limit for the examination of registered trademarks, stipulates that the initial time limit for trademark registration is 9 months, and the period of objection is 3 months.

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< p > the draft amendment to the trademark law, which was submitted for the first time, raised the legal compensation limit from 500 thousand yuan to 1 million yuan after the draft of the trademark law was amended. The second instance further raised the limit to 2 million yuan.

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< p > the trademark law is amended. It is intended to clarify the right to identify the "a href=" http://sjfzxm.com/news/index_q.asp "well-known trademark < /a > as the Trademark Office, the trademark review board and the supreme court appointed court.

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< p > the draft also intends to change the practice of "batch identification and active protection" when the trademark office originally identified a well-known trademark, instead of "case identification and passive protection".

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< p > analysis < /p >

< p > < strong > 1, the word "ban well-known trademark" is difficult to operate < /strong > < /p >.

< p > in some < a href= "http://sjfzxm.com/news/index_f.asp" > advertisement < /a >, the manufacturer will take its brand as a well-known trademark as a gimmick to get public recognition.

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During the first instance of the draft P, Ren Maodong, Lv Wei and other members suggested that improper publicity for well-known trademarks and misleading consumers are unfair competition. They should prohibit the use of "well-known trademarks" or similar titles in advertising.

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< p > the law and Industry Commission of the Standing Committee of the National People's Congress said that some local government departments regarded the number of well-known trademarks as their achievements, which not only helped enterprises to strive for recognition, but also gave huge rewards to enterprises that were recognized.

As a result, some well-known trademarks are not well known and the corruption in the process of recognition.

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< p > amendment to the trademark law two draft 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.

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< p > but the operability of this provision also raises questions.

Some experts have suggested that enterprises can change the concept of "famous trademarks" and "Chinese famous brands" and so on.

Moreover, it is difficult to change the impulse of local governments.

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< p > the law and Industry Commission responded that local government's assessment is not a problem that the trademark law needs to solve.

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< p > < strong > 2 "single color registered trademark" clause aborted < /strong > /p >

< p > the existing trademark law stipulates that trademarks must be combinations of characters, graphics, letters, numbers, three-dimensional signs and colors.

The first amendment of the trademark law has allowed "single color" and "voice" to be registered as trademarks.

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< p > a peer review stipulates that a single color used in commodity and commodity packaging can be registered as a trademark by distinguishing the goods from other commodities through the use of significant features.

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< p > < strong > but two reviewers deleted the stipulation of a single color registered trademark.

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< p > Xie Jingrong explained that some localities, experts and enterprises have proposed that only a limited number of colors can be identified by a single color resource. Only 100 kinds of colors can be identified by ordinary people. If a single color trademark is allowed to register, the trademark registrant may monopolize the color, and it is very difficult to distinguish the source of commercial products from a single color.

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< p > the Law Committee considers that Chinese enterprises have not yet made the single color as the demand for trademark registration, and they lack relevant experience in the registration and management of trademarks.

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