The Information Office of the State Council held a series of press conferences on the theme of “Starting with the 15th Five-Year Plan” series. The State Intellectual Property Office explained that on June 26 this year, the 23rd session of the 14th National People's Congress Standing Committee reviewed and passed the newly revised trademark law. This is the first comprehensive revision of the trademark law since it came into effect in 1983, reflecting the transformation and upgrading of China's trademark legislation from “partial revisions” to “system improvement.” Highlights of this revision: The first is to highlight honesty and trustworthiness. It is clearly emphasized that applications for registration and use of trademarks should follow the principle of good faith, and rights must not be abused to harm national interests, the public interest of society, or the legitimate rights and interests of others. The second is to improve the conditions for trademark registration. Further broaden the categories of elements that can be registered as trademarks, and stipulate that dynamic logos and their combinations with related elements, such as mobile phone startup animations, can be registered as trademarks to respond to the needs of enterprises with new technologies and new business formats. The third is to improve the well-known trademark system. On the one hand, the expression “certification” of a well-known trademark was revised to “confirm” to curb the phenomenon of excessive pursuit of well-known recognition. On the other hand, there is no longer a distinction between whether well-known trademarks can be protected across categories based on whether they are registered or not, and it is better compatible with high-standard international economic and trade rules. Fourth, strengthen trademark management. Improve the withdrawal mechanism for idle trademarks and promote solutions to the problem of “not using” trademarks. Strictly crack down on the use of registered trademarks in a way that misleads the public. Fifth, strictly supervise trademark agents. Practice guidelines, fiduciary matters, filing obligations, etc. have been clarified, illegal situations and punishment standards have been refined, industry self-discipline has been further strengthened, and the healthy development of the trademark agency industry has been promoted. The sixth is to clarify departmental responsibilities. Further clarify the responsibilities of departments for trademark registration, management, law enforcement, etc., and improve execution and cross-departmental coordination mechanisms for trademark cases. The trademark administration department under the State Council is clearly required to strengthen the construction of an information-based and intelligent trademark public service system to enhance the degree of facilitation of trademark business processing. The revised trademark law will officially come into effect on January 1 next year.

The Information Office of the State Council held a series of press conferences on the theme of “Starting with the 15th Five-Year Plan” series. The State Intellectual Property Office explained that on June 26 this year, the 23rd session of the 14th National People's Congress Standing Committee reviewed and passed the newly revised trademark law. This is the first comprehensive revision of the trademark law since it came into effect in 1983, reflecting the transformation and upgrading of China's trademark legislation from “partial revisions” to “system improvement.” Highlights of this revision: The first is to highlight honesty and trustworthiness. It is clearly emphasized that applications for registration and use of trademarks should follow the principle of good faith, and rights must not be abused to harm national interests, the public interest of society, or the legitimate rights and interests of others. The second is to improve the conditions for trademark registration. Further broaden the categories of elements that can be registered as trademarks, and stipulate that dynamic logos and their combinations with related elements, such as mobile phone startup animations, can be registered as trademarks to respond to the needs of enterprises with new technologies and new business formats. The third is to improve the well-known trademark system. On the one hand, the expression “certification” of a well-known trademark was revised to “confirm” to curb the phenomenon of excessive pursuit of well-known recognition. On the other hand, there is no longer a distinction between whether well-known trademarks can be protected across categories based on whether they are registered or not, and it is better compatible with high-standard international economic and trade rules. Fourth, strengthen trademark management. Improve the withdrawal mechanism for idle trademarks and promote solutions to the problem of “not using” trademarks. Strictly crack down on the use of registered trademarks in a way that misleads the public. Fifth, strictly supervise trademark agents. Practice guidelines, fiduciary matters, filing obligations, etc. have been clarified, illegal situations and punishment standards have been refined, industry self-discipline has been further strengthened, and the healthy development of the trademark agency industry has been promoted. The sixth is to clarify departmental responsibilities. Further clarify the responsibilities of departments for trademark registration, management, law enforcement, etc., and improve execution and cross-departmental coordination mechanisms for trademark cases. The trademark administration department under the State Council is clearly required to strengthen the construction of an information-based and intelligent trademark public service system to enhance the degree of facilitation of trademark business processing. The revised trademark law will officially come into effect on January 1 next year.