The State Intellectual Property Office launched a special action against malicious rush registration of trademarks to help create a good environment for innovation and business
2021-03-25
Recently, in order to thoroughly implement the spirit of the important speech of general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau, the Central Committee and the State Council's decision making arrangements have been implemented to form a high-pressure situation against the malicious registration of trademarks, promote the high quality development of intellectual property rights, and help create a favorable environment for innovation and business environment. Notice on the special action plan for preemptive registration (hereinafter referred to as the "notice").
The notice emphasizes that the malicious rush registration of trademarks seriously damages the legitimate rights and interests of the market subject of honest operation and the public, and seriously endangers the order of trademark registration. In order to strengthen the source control and establish an efficient working mechanism for departments to coordinate and promote the crackdown on malicious rush registration of trademarks, the State Intellectual Property Office has decided to launch a special action to crack down on malicious rush registration of trademarks since March 2021, and severely crack down on the following seven types of malicious rush registration that seek improper interests, disrupt the order of trademark registration management and cause great adverse social impact : maliciously rush to register the names of national or regional strategies, major activities, major policies, major projects and major scientific and technological projects; maliciously rush to register the words and signs related to public emergencies such as natural disasters, major accidents and disasters, major public health events and social security events, damaging the public interests; maliciously rush to register major events and major exhibitions with high popularity Those who maliciously rush to register the names of administrative divisions, mountains and rivers, scenic spots, buildings and other public resources; those who maliciously rush to register the common names of goods or services, industry terms and other public commercial resources; those who maliciously rush to register the names of public figures, well-known works or roles with high popularity; those who maliciously rush to register others with high popularity or relatively low reputation A trademark or other business mark with strong distinctiveness impairs the prior rights and interests of others. At the same time, it has set up two kinds of rules, which are against public order and good customs and against good faith, and set up special provisions for trademark agency's illegal behavior. A separate document has been issued to rectify the disposal of trademark registration applications that are not used for the purpose of malicious hoarding. This special action focuses on both legal and legal aspects, department coordination and overall promotion, sound mechanism and source control, strengthening clue handling, precise strike, Department linkage, comprehensive policy implementation and publicity and education, so as to further form a high-pressure situation against malicious rush registration of trademarks and help create a good innovation environment and business environment.
In the next step, the State Intellectual Property Office will strengthen overall coordination, expose typical cases, illegal individuals, enterprises and agencies in a timely manner, hand over those in bad conditions to local law enforcement departments for punishment, and create a good legal, market and social environment for all kinds of market entities to compete fairly, carry out innovation and consciously resist trademark malicious rush registration.