Interpretation Of Important Issues In The New Trademark Law

The trademark law, which was formulated in 1982, revised in 1982, and revised in 1993 and 2001, is the first specialized intellectual property law promulgated after China's reform and opening up to the outside world in two.

The current trademark law has a milestone significance in the process of China's intellectual property legal system construction. However, with the development of China's socialist market economy, some existing contents of the trademark law have not been able to meet the needs of practice.

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< p > the new trademark law has 3 main points: first, to further facilitate the applicant's registered trademark.

The increase of voice can be used as a trademark registration requirement, increase the new way of trademark registration application, increase the trademark inspection procedure of trademark office and the applicant, increase the statutory time limit for trademark examination and trial, and re construct the trademark objection procedure.

The two is to further maintain fair competition in the market order.

Clearly, well-known trademarks can not be used in advertising, exhibitions and other commercial activities; stipulates that the use of well-known trademarks and registered trademarks of others as the names of enterprises in the name of enterprises is unfair competition; it is strictly prohibited to rush to register trademarks that are already used by others because of business contacts, and increase the legal liability of trademark agencies.

The three is to further strengthen the protection of trademark exclusive rights.

A clear intention to provide convenience for infringement to help others to infringe upon the exclusive right to use a trademark is a trademark infringement act; to increase the amount of the fine for trademark infringement, to increase the statutory heavier punishment for trademark infringement; to impose a punitive damages on malicious infringement of the exclusive right of trademark and serious circumstances, and to increase the maximum amount of statutory damages to be determined by the people's court from 500 thousand yuan to 3 million yuan.

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< p > < strong > propaganda new law < /strong > < /p >

< p > September 17, 2013, SAIC held a teleconference on the implementation of the new trademark law in Beijing, and carried out specific arrangements for studying and implementing the new trademark law.

Xin Chun Ying, deputy director of the law and Industry Commission of the Standing Committee of the National People's Congress, was invited to interpret the new trademark law.

Zhang Mao, secretary and director of the State Administration for Industry and commerce, attended the meeting and delivered an important speech.

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< p > Zhang Mao pointed out in his speech that the new trademark law will be put into effect formally since May 1, 2014.

The implementation of the new trademark law is an important measure to implement the innovation driven development strategy, a powerful starting point to promote the pformation of the functions of the industry and commerce administration, and an urgent need to promote the trademark work to reach the international advanced level.

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< p > Zhang Mao stressed that it is necessary to accurately grasp the important contents of the revision of the trademark law and focus on five aspects.

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< p > one is to conscientiously organize the publicity and training of the new trademark law, and effectively enhance the awareness of trademark law.

Industrial and commercial organs at all levels should take the publicity and training of the new trademark law as an important work and make overall arrangements.

We should make full use of various forms of media such as newspapers, radio, television and Internet to publicize the hot issues of trademark and the legal knowledge of trademarks.

Two, we should promptly formulate, modify and clean up the relevant laws and regulations, and further improve the level of administration according to law.

We should do a good job in revising the regulations on the implementation of the trademark law, and do a good job in revising the regulations on the recognition and protection of well-known trademarks, the measures for the implementation of international registration of Madrid trademarks, and the rules for trademark review.

Three, we should constantly improve the effectiveness and quality of Trademark Review and appraisal, and actively serve the overall development.

Four, we should strengthen supervision and law enforcement in accordance with the law and maintain fair competition in the market order.

For the trademark infringement and counterfeiting behavior that is strongly reflected by the masses and has a greater impact on economic and social development, special actions should be launched in time to intensify the crackdown.

Five, we should strengthen the building of cadres and provide personnel protection for the implementation of the new trademark law.

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< p > < strong > < special court > /strong > /p >

< p > November 12, 2013, the decision of the Central Committee of the Communist Party of China on several major issues concerning deepening the reform in the third Plenary Session of the 18th CPC Central Committee, put forward by the CPC, put forward: "strengthening the use and protection of intellectual property rights, improving the incentive mechanism for technological innovation, and exploring the establishment of intellectual property courts."

This formulation has aroused heated debate among the legal profession, and is considered to bear the important task of encouraging innovation and promoting judicial reform.

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< p > China's existing special courts include maritime, railway and military courts.

At present, there are no special courts in charge of intellectual property cases in provinces and municipalities, and some provinces and municipalities have already set up intellectual property courts that specializes in intellectual property cases.

The establishment of an intellectual property court will affect far more than the above three types of specialized courts, regardless of the size of the case or jurisdiction.

According to media reports, the Supreme People's court is studying the deployment of an intellectual property court and actively promoting the work.

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< p > < strong > annual report < /strong > /p >

< p > April 26, 2013 is the thirteenth World Intellectual Property Day. On the occasion of this important festival, the China Trademark Strategy annual development report (2012) compiled by the State Administration for Industry and Commerce Trademark Office and Trademark Review and Adjudication Board has been released.

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< p > the annual development report contains fourteen chapters. It begins with the implementation of the trademark strategy. It systematically describes the achievements made by the national industrial and commercial system in 2012 years, including trademark application and registration, trademark law enforcement, geographical indications and trademarks, trademark evaluation, trademark law, trademark agency, local commercial bidding, international registration and overseas rights protection. It summarizes the major events in the trademark field, and makes statistical analysis of all kinds of trademark data.

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< p > as an important reference document and comprehensive yearbook of China's trademark strategy implementation, the annual development report is centrally authoritative, informative and practical.

The release of the report has enabled the community to have a deeper understanding of the cause of trademark, to better guide the work of local trademarks, improve the trademark utilization and brand innovation ability of enterprises, and make a positive contribution to the service of economic, social and scientific development and the building of an innovative country.

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< p > < strong > < a href= > http://www.91se91.com/news/index_c.asp > trademark > /a > Holiday > /strong > /p >

< p > June 17, 2013, 2013 China International Trademark and brand Festival opened in Dalian, Liaoning.

There are nearly 400 trademark brand enterprises participating in the Trademark Festival. The scale of exhibitors has increased significantly compared with the previous ones.

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< p > < --EndFragment-- > China International Trademark and brand Festival, formerly known as China Trademark Festival, was founded in 2005 and is held every two years.

After many years of development, China Trademark Festival has developed into a large-scale trademark trade fair, which includes trademark strategy experience exchange, trademark theory discussion, trademark information release, trademark protection consultation and Chinese and foreign trademark culture display.

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< p > since 2013, the Chinese Trademark Festival has been renamed "China International Trademark and brand day", which is held annually.

Around the theme of "calling for trademark strength and promoting prosperity and development", this Trademark Festival has organized various activities with rich contents. It provides a good platform for the government, enterprises, agencies and people in the industry to exchange experience in trademark strategy and display trademark protection results and trademark culture.

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< p > < strong > expert training < /strong > < /p >

< p > May 25, 2013, the 12 day national industry and commerce system trademark evaluation expert seminar classes.

The deputy director of charge of trademark work, the director of Trademark Office, and the backbone cadres who have long been engaged in trademark work from various provinces, municipalities and industrial and commercial bureaus attended the seminar.

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< p > there are 3 characteristics in this seminar: one is strong professionalism.

They are well-known experts in the field of intellectual property and trademark in China, as well as senior scholars and officials in the field of trademark.

The two is rich content.

The curriculum of the seminar is closely focused on the frontiers and practical achievements in the field of trademark recognition. There are third frontiers of research on Trademark Law and protection of trademark rights under the network environment, as well as the sharing of practical cases. There are both panoramic display of trademark rights cases and specific laws applicable principles and standards.

The three is flexible innovation.

For the first time, the seminar introduced the simulation demonstration of public appraisal. The judges of the business appraisal committee played the role of examiners, parties and agents respectively, and showed the whole process of public trial of trademark review cases to all students.

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< p > < strong > Shanzhai website < /strong > /p >

< p > individual websites imitate the name, layout and layout of the official website of the State Administration for Industry and commerce, misleading the public and causing bad social influence.

In response to this problem, in May 3, 2013, the Trademark Office issued a statement on the official website to clarify.

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< p > statement states that the official website of the State Administration for Industry and Commerce Trademark Office is "China Trademark network" and the address is "sbj.saic.gov.cn".

"China Trademark network" is the only official website to provide information for online registration of trademark registration. Other websites, such as "China Trademark network" and "China trademark registration application center", have nothing to do with the trademark office.

The Trademark Office reminds the applicant to identify carefully and guard against being fooled.

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< p > < strong > < < /strong > > /p >

< p > March 25, 2013, the China Trademark network issued the notice on the record of law firms, announces the archival information of the first 7864 law firms.

The Trademark Office of the State Administration for Industry and Commerce said that, from now on, the record law firm can carry out trademark agency business according to law.

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The regulations on the management of trademark agency business jointly formulated by the State Administration for Industry and Commerce and the Ministry of Justice (P) have been effective since January 1, 2013, marking the formal entry of law firms and lawyers into China's trademark agency industry.

The entry of law firms into the trademark agency industry will help to meet the growing demand for trademark agency legal services, improve the service quality of the trademark agency industry, and promote the healthy and orderly development of the industry.

The promulgation and implementation of the measures is of great significance for establishing lawyers' legal status in the field of trademark agency business, perfecting the agency system of intellectual property rights, and promoting the work of lawyers in the service of innovative country.

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< p > < strong > protection cooperation < /strong > /p >

< p > October 24, 2013, the fourteenth Huaihai Economic Zone trademark protection cooperation conference was held in Zaozhuang, Shandong.

From Shandong, Jiangsu, Henan, Anhui, 4 provinces and 24 cities and industrial and commercial organs of the more than 120 representatives attended the meeting.

The participants have studied the new trademark law collectively. The Shandong Zaozhuang industrial and commercial bureau, Henan Xuchang industrial and commercial bureau, Anhui Fuyang City Industrial and commercial bureau, Jiangsu Jiangsu Yancheng trade and Industry Bureau exchanged speeches at the meeting.

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The promulgation of < p > new trademark law puts forward new and higher requirements for strengthening trademark protection cooperation and mechanism innovation.

The participants agreed that the cooperative units should actively explore innovative collaborative mode and work ideas on the basis of the existing collaboration network and working mechanism, further improve the system of notification and pfer of cases, so that information sharing, communication in time, action synchronization and standard unification should be implemented, so as to form the resultant force of trademark law enforcement and case handling in the cooperative area, enhance the efficiency of law enforcement, enhance the effectiveness of law enforcement, and better adapt to the needs of the protection and enforcement of trademark rights under the new situation.

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< p > according to the introduction, the trademark protection cooperation meeting of Huaihai economic zone is a joint meeting of the regional trademark supervision network jointly sponsored by the 4 provinces and trade bureaus of the Soviet Union, Shandong Province, Henan Province and Anhui Province. It aims to further strengthen the protection of trademark exclusive rights in the Huaihai Economic Zone by promoting the establishment of the trademark protection network of the Huaihai Economic Zone, and promoting the development of regional trademark enterprises.

The Convention on trademark protection cooperation in Huaihai economic zone is held annually.

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< p > < strong > brand Beijing < /strong > /p >

< p > March 29, 2013, the Beijing municipal government issued the "Beijing Municipal People's government's opinions on deepening the implementation of trademark strategy to promote the development of the brand economy in the capital". It formally established the trademark development mechanism of "enterprise main body, market orientation, government promotion and social support", and set up the Beijing Trademark Strategy Promotion Office (the office is located in the Municipal Industrial and commercial bureau and the relevant departments of the city as the member unit), marking the implementation of Beijing's trademark strategy into the development stage of "deep tillage and meticulous work".

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< p > "opinion" calls for a full understanding of the importance of implementing the trademark strategy to promote the development of the brand economy in the capital, and clearly puts forward the general requirements and the goals to be implemented for the implementation of the trademark strategy in Beijing.

"Opinions" also put forward to actively cultivate "Beijing service", "Beijing create" brand, strive to create "brand Beijing", establish the brand image of the capital.

The opinion has carried out in-depth exposition on the five major tasks of the in-depth implementation of trademark strategy, including the promotion of industrial upgrading, the creation of independent innovation brands, the cultivation of cultural brands, the adjustment of agricultural industrial structure, and the integration of regional economic development. The five main measures, namely, to play the role of the main body of enterprises, to give full play to the functions of government administrative services, to play the role of social organizations, to create a service platform for trademark operation, to enhance the effectiveness of trademark supervision and law enforcement, etc.

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< p > < strong > model contract < /strong > < /p >

< p > October 30, 2013, the Fujian industrial and commercial bureau issued the notice on the issuance of the model contract for the trademark agency contract of Fujian province.

This is another important move of Fujian business system service enterprise and the promotion of trademark work after the promulgation of the new trademark law.

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< p > > --EndFragment-- > the model text of the contract is issued jointly by the Fujian industrial and commercial bureau and the Fujian Trademark Association in accordance with the contract law, the trademark law and the relevant regulations and policies of the trademark agency. The purpose is to resolve the problem of asymmetric information between the client and the agent through the refinement of contractual matters, so as to protect the rights and interests of the parties concerned.

The model text is divided into nine contents, namely, entrusted matters, rights and obligations of the parties, time limits for agency, alteration and dissolution of contracts, liability for breach of contract, etc., reflecting the relationship between responsibilities, rights and interests of the parties concerned in the process of providing services to the legal person, other organizations and individuals, reflecting the characteristics of the agency entrusted by the trademark agency.

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< p > < strong > classification supervision < /strong > /p >

< p > June 2013, the Hubei Provincial Bureau of industry and Commerce issued the notice of Hubei provincial industry and Commerce Bureau on strengthening the credit classification supervision of trademark agencies. It intends to further standardize the trademark agency market order through credit classification supervision, guide the trademark agency to operate in good faith, and promote the healthy development of Hubei's trademark cause.

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< p > according to the notice, there are three main ways to strengthen credit classification supervision: first, establish credit classification and evaluation criteria.

The Hubei Provincial Bureau of industry and Commerce will evaluate the daily operation of trademark agencies according to the standards. According to the evaluation results, the enterprises will be divided into four categories: A, B, C and D. The credit evaluation standard of trademark agency consists of three parts: the trustor's evaluation, the daily supervision and evaluation, and the centralized examination and evaluation.

Two, we should establish and improve mechanisms and promote classified supervision.

In the provincial industrial and commercial bureau website and the main media of the province, it will announce and notify the list of trademark agencies above C level, and guide enterprises to select a higher level trademark agency in the process of trademark registration, application, management and protection.

A trademark agency model unit can be selected from a trademark agency of class A or above, and the C trademark agency shall be strengthened daily supervision and guidance. Warnings shall be given to the trademark agency of category D, the notice of rectification shall be issued, and the inspection and supervision shall be strengthened.

Three is to strengthen routine supervision.

We will vigorously promote the construction of the model text of trademark agency contract, the letter of undertaking of good faith undertaking by trademark agency, the service items of trademark agency and the publication of fees.

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< p > < strong > false propaganda > /strong > /p >

< p > August 2013, according to the relevant provisions of the anti unfair competition law, the Pudong New Area sub Bureau of Shanghai industrial and commercial bureau made a stop to the illegal behavior of Shanghai branch of BCG (Beijing) Intellectual Property Agency Co., Ltd., using false propaganda to solicit trademark agency business, eliminating the influence and fined 180 thousand yuan administrative penalty.

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< p > through investigation, bang Xin company collects business information in advance for the purpose of recruiting trademark agency business, and falsely claims that third party companies are applying the registered trademark of the injured enterprise to the registered company in order to induce the injured enterprise to entrust its trademark registration business.

This case is the first case that the trademark agency of Shanghai City investigated and dealt with by trademark agency to use false propaganda to solicit trademark agency business.

The beneficial experience accumulated in the investigation of the case has a guiding role in standardizing the unfair competition behavior of the trademark agency industry.

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< p > < strong > < a href= "http://www.91se91.com/news/index_c.asp > > management standard < /a > /strong > /p >

< p > January 2013, on the basis of careful investigation and extensive solicitation of the opinions of enterprises, the Jiangsu industry and Commerce Bureau promulgated the "Jiangsu Province trademark management regulations (Trial Implementation)".

The introduction of the "norms" has been welcomed by the industrial and commercial organs at all levels in Jiangsu province. Enterprises have also indicated that the specification is both targeted and operational.

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< < p > < < > > < < > > > a comprehensive interpretation of the scope of use of trademarks, the time limit for the use of trademarks, how to implement trademark licensing, pfer and assignee, the ways and methods for enterprises to carry out trademark counterfeiting, and the management of trademark archives, and so on, provides guidance for enterprises to use, manage and protect trademarks, and is a working guide for enterprise management trademarks.

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< p > < strong > < a href= > http://www.91se91.com/news/index_c.asp > regional brand > /a > /strong > /p >

< p > November 19, 2013, the Shandong industrial and commercial bureau issued the opinions on strengthening the work of collectively and certification trademarks to promote the development of regional brands and industrial clusters. It urged all industrial and commercial organs at all levels in the province to publicize the role of collective trademarks and certification marks in conjunction with relevant departments, and actively summarized and promoted the successful practices of Zhangqiu scallion, and promoted the development of industrial clusters by using collective trademarks and certification marks.

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< p > "opinion" points out that we should dig deep resources, scientifically plan, and actively promote the registration and protection of collective trademarks and certification marks.

We should give full play to the leading role and bridge role of trade associations and other organizations in the creation of regional brands, promote sustained and healthy development of the industry, give full play to the main role of enterprises in brand building, support and guide leading enterprises to strengthen R & D and brand marketing, integrate industrial chains, and gradually realize specialization, branding and cluster development.

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