The State Administration for Market Regulation (SAMR) announced the enactment of the Rules on Regulating Trademark Filing Acts, which will be in force from December 1. The Rules are intended to better implement the Trademark Law, the latest amendment of which took effect on November 1, 2019.
The Rules have 19 specific provisions aiming to regulate trademark filing acts in four ways:
1) Setting up a centralized provision on trademark filing and registration acts that violate the principle of good faith;, providing specific guidelines for representation services of trademark firms;
2) Listing the factors taken into consideration for examining malicious trademark filing acts and illegal representation acts; elevating operability and transparency of trademark examination;
3) Sanctioning malicious trademark filing acts and illegal representation acts; setting up a trebling of fines for illegal gains of the malicious trademark applicant and no more than 30,000 yuan; setting up a maximum 100,000 yuan fine threshold on trademark firms aiding malicious trademark filing and suspension of services if offense is deemed aggravated; and
4) Streamlining trademark filing routes and procedures and making the system easier to use for applicants; elevating administration services.
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