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What is the difference between the new Trademark Law and the old Trademark Law?

1. Key points in the revision of the terms of adding the principle of good faith: Article 7 of the new Trademark Law stipulates that “applications for registration and use of trademarks shall be subject to the principle of good faith.” Impact: The basic principles that should be followed in civil activities are clearly written into the Trademark Law. The purpose is to advocate that market entities should be honest and trustworthy when engaging in trademark-related activities, and to regulate the current increasingly rampant trademark squatting behavior. It is foreseeable that this clause will be widely used as a blanket clause in future trademark confirmation and rights protection cases.

2. It is prohibited to preemptively register a trademark that is known to have been used by others due to business dealings or other relationships. Key points of revision: A second paragraph is added to Article 15 of the new Trademark Law: “For the same product or similar products If the trademark applied for registration is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph and is aware of the existence of the other person's trademark, and the other person raises an objection, the applicant shall not "Impact: The purpose of adding this clause is mainly to prevent others from preemptively registering trademarks that have already been used. This modification further strengthens the protection of used but unregistered trademarks based on the original provisions. To a certain extent, it can more effectively curb the frequent trademark squatting phenomenon.

3. Increase the provisions on punitive damages and increase the amount of infringement compensation. Key points of the revision: The new Trademark Law introduces a punitive damages system, which stipulates that those who maliciously infringe the exclusive right to use a trademark and the circumstances are serious may be punished in the right The amount of compensation shall be determined within the range of 1 to 3 times the loss suffered by the person due to the infringement, the benefits obtained by the infringer due to the infringement, or the registered trademark license fee. At the same time, the new Trademark Law will also increase the upper limit of statutory compensation that the court can decide at its discretion from 500,000 yuan to 3 million yuan when none of the above three grounds can be ascertained. Impact: The above modifications are mainly aimed at the phenomenon that in practice, the cost of safeguarding rights for rights holders is too high, and the benefits of safeguarding rights often outweigh the losses. This revision will play a positive role in safeguarding the legitimate rights and interests of trademark rights holders and combating trademark infringement.

4. Key points in the modification to increase the infringer’s burden of proof: The new Trademark Law stipulates that in trademark infringement litigation, in order to determine the amount of compensation, the people’s court must provide evidence after the right holder has tried its best to provide evidence, and the account books related to the infringement , when the information is mainly in the possession of the infringer, the infringer may be ordered to provide account books and information related to the infringement. If the infringer fails to provide or provides false account books and information, the people's court may refer to the rights holder's claims and the evidence provided. Determine the amount of compensation for infringement. Impact: This move has greatly reduced the burden of proof for trademark rights holders when claiming compensation for infringement, allowing the people's courts to have more legal basis to follow when determining the amount of compensation, and has positive significance in combating trademark infringement.

5. Added key points in the revision of the time limit for trademark registration review and case hearing: The new Trademark Law stipulates that “for a trademark applied for registration, the Trademark Office shall start from the date of receipt of the trademark registration application documents. The review will be completed within nine months.” For trademark confirmation cases involving one party, the new Trademark Law increases the trial time limit by 9 months, and for cases involving both parties, the trial time limit is increased by 12 months. If there are special circumstances that require extension, it can be extended by 3 months or 6 months "with the approval of the industrial and commercial administration department of the State Council". Impact: The above-mentioned new content limits the time limit for trademark registration review and case hearing, which is helpful to greatly improve the current situation where the trademark registration cycle is too long and affects the rights of the parties. It also enhances the predictability of the time for trademark rights to be obtained.