(1) Geographical indications. The amendment to the Trademark Law has increased the protection of geographical indications. Geographical indications are one of the "strengths" of China's intellectual property rights. Unlike patents and well-known trademarks, they will always be our "weaknesses" for a long time. Enterprises can make better use of the protection of geographical indications and "foster strengths and avoid weaknesses" in international competition.
(2) "well-known trademarks". In the past, the special protection of well-known trademarks by administrative regulations has not yet risen to the level of laws and regulations. In the case of infringement disputes that need to determine whether a trademark belongs to a well-known trademark, the court is often at a loss. At present, not only well-known trademarks are specially protected, but also some factors that have been used abroad for many years and should be considered when determining them. In this way, it will not only help the administrative organs to "administer according to law", but also help the courts to protect well-known trademarks, thus helping to encourage the "famous brand strategy" of China enterprises.
(3) Highlight the protection of "prior rights". In this amendment to the Trademark Law, the protection of prior rights is stipulated in two places, and the subjective conditions of the actor are deleted as the premise for determining whether the prior rights have been violated.
(4) "reverse counterfeiting", that is, it is forbidden to "change the registered trademark of others without authorization". Trademark counterfeiting refers to the general "trademark counterfeiting" of labeling one's own goods or services with other people's trademarks without permission, which should be prohibited. On the other hand, changing the registered trademark of others without permission will also make consumers misunderstand the source of products and services, as well as producers and providers. This time, relevant prohibitive provisions were added in the revision of the Trademark Law, which made the rights of registrants as property rights more complete and played a positive role in encouraging enterprises to create famous brands.
(5) The "confirmation" right of other trademarks was finally transferred to the court, and the legal compensation system was determined, and the "natural person" was clearly added to the subject, and the three-dimensional (three-dimensional) logo was also protected.