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Amendments to Trademark Laws

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Dez 05, 2019 (Newsletter Issue 17/19)
China
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Rules on Regulating Trademark Filing Acts in Force


The State Administration for Market Regulation (SAMR) announced the enactment of the 'Rules on Regulating Trademark Filing Acts (Rules)', which was released in form of a SAMR Decree No. 17 and came in force from December 1, 2019. The Rules implement the amendment of the Trademark Law, effective since November 1, 2019.

The 19 specific provisions in the new Rules aim to regulate trademark filing acts from four aspects:

1.) Set up a centralized provision on trademark filing and registration acts violating the principle of good faith that used to be peppered in multiple articles of the Law and the newly-added ones summed up from practice; provide specific guidelines for representation services of trademark firms; monitor during the whole filing procedure, sanction malicious trademark filing acts at every process and every stage of trademark examination and adjudication.

2.) List the factors taken into consideration for examining malicious trademark filing acts and illegal representation acts; elevate operability and transparency of trademark examination.

3.) Sanction malicious trademark filing acts and illegal representation acts; set up a fine treble of illegal gains of the malicious trademark applicant and no more than 30,000 yuan; set up a maximum 100,000 yuan fine on trademark firms aiding malicious trademark filing and suspension of services if offense is deemed aggravated.

4.) Streamline trademark filing routes and procedures and make the system easier to use for applicants; elevate administration services.

Source: www.sbj.cnipa.gov.cn