Xinhua News Agency, Beijing, December 22 (Reporters Xu Penghang, Liu Zhen) - A draft revision to the Trademark Law was submitted for its first reading at a session of the Standing Committee of the National People's Congress (NPC) on December 22. The draft, comprising 9 chapters and 84 articles, aims to improve the trademark registration, administration, and protection system, and to enhance the crackdown on trademark infringement. 

From legally combating the malicious preemptive registration of trademarks like "冰墩墩" and "谷爱凌," to declaring invalid deceptive registered trademarks such as "树上熟" and "千禾0+", the China National Intellectual Property Administration (CNIPA) has continued its crackdown on malpractices in the industry.

Shen Changyu, Commissioner of the CNIPA, stated that this revision of the Trademark Law is problem-oriented, focusing on prominent issues in the trademark field. It seeks to refine the trademark registration, administration, and protection system, while codifying mature practices from enforcement into law.

Regarding the regulation of trademark registration, the draft adds a dedicated chapter consolidating and refining the previously scattered provisions on registration requirements. It explicitly stipulates that trademark applications filed not for the use purpose and clearly exceeding normal production and business needs shall not be registered. It also clarifies the strengthening of protection for well-known trademarks, extending the prohibition against registering such trademarks on dissimilar or unrelated goods to cover both registered and unregistered well-known trademarks.

In terms of strengthening trademark administration, the draft introduces new provisions. It specifies that the use of a registered trademark in a manner misleading to the public will be ordered for correction within a time limit. Failure to make corrections may result in a fine of up to 50000 CNY. In serious cases, the trademark registration may be revoked by the State Council's trademark administrative department. Additionally, the draft enhances regulations for trademark agencies and practitioners.

Concerning the reinforcement of exclusive trademark rights protection, the draft intensifies the investigation and handling of trademark infringements. It includes new provisions for transferring cases of suspected criminal trademark infringement for prosecution and for coordinated handling. It also explicitly stipulates that malicious initiation of trademark litigation will be subject to legal penalties, with liability for civil compensation for any losses incurred.

The article is sourced from Xinhua Net and is only available in Chinese.