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CNIPA Seeks Comments on Measures for Administration and Protection of Collective Trademarks and Certification Trademarks

Wed Jun 22 13:42:00 CST 2022 发布人:Editor

On June 7, the China National Intellectual Property Administration ("CNIPA") released the revised Measures for Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comment) (the "Draft for Comment") to solicit public opinions by July 21, 2022.

 

The Draft for Comment mainly proposes the following revisions: (1) amending the title of the regulations and perfecting the legislative purpose; (2) further standardizing the application for registration; (3) strengthening the administrative requirements for registrants and users; (4) adding the provisions on the registration and fair use of trademarks containing geographical names; (5) promoting the use of trademarks and improving public services; and (6) improving administrative protection and intensifying punishment measures. Among others, the Draft for Comment refines the circumstances involving internet trademark infringement and use, and incorporates in the "conducts causing prejudice to others' exclusive right to use its registered trademark" under Item 7 Article 57 of the Trademark Law such acts as "using any mark that is identical or similar to a collective trademark and certification trademark as domain name, network name, QR code, website or application name and its logo, and conducting relevant commodity transactions, thereby misleading the relevant public".

 

(Source: China National Intellectual Property Administration)