China News Service, Beijing, March 25 (Reporter Sun Zifa) The reporter learned from the State Intellectual Property Office of China that, in order to further increase the crackdown on malicious trademark squatting, the bureau will focus on combating trademark squatting from March 2021. Pay attention to special actions, focusing on fighting against malicious grabbing the names of major events, major policies, major projects, and major scientific and technological projects, and malicious grabbing attention related to public emergencies such as natural disasters, major accidents and disasters, major public health incidents, and social security incidents. Ten types of behaviors such as vocabulary and signs.
The State Intellectual Property Office recently issued the "Special Action Plan for Combating Malicious Trademark Squatting", which clarifies that it will focus on cracking down on the following ten types of trademark malicious squatting, attempting improper interests, disrupting the order of trademark registration management, and causing greater adverse social impact:
One is malicious squatting of names of national or regional strategies, major events, major policies, major projects, and major scientific and technological projects.
The second is to maliciously rush to pay attention to vocabulary and signs related to public emergencies such as natural disasters, major accidents, major public health incidents, and social security incidents, which harm the public interests of the society.
The third is malicious squatting of the names and logos of major competitions and major exhibitions with high popularity.
Fourth, malicious squatting of public resources such as names of administrative divisions, mountains and rivers, names of scenic spots, and names of buildings.
Fifth, malicious squatting of public commercial resources such as common names and industry terms of goods or services.
Sixth, malicious squatting of the names of public figures, well-known works or character names with high popularity.
Seventh, malicious squatting of other people's trademarks or other commercial signs that have a high reputation or strong distinctiveness, which damages the prior rights and interests of others.
Eighth, it obviously violates the prohibition of Article 10 of the Trademark Law and other violations of public order and good customs, which have caused major negative and negative social impacts on China’s political, economic, cultural, religious, ethnic and other social public interests and public order.
Ninth, the trademark agency knows or should know that the client is engaged in the above-mentioned acts, but still accepts its entrustment or disturbs the order of trademark agency by other improper means.
Ten is other obvious violations of the principle of good faith.
In addition, the handling of applications for registration of malicious hoarding of trademarks not for the purpose of use has been specially rectified.
The State Intellectual Property Office stated that the special action will strengthen the monitoring of malicious cybersquatting, implement precise strikes around the entire process of trademark registration, and comprehensively use measures such as legal punishment, administrative guidance, and credit restraint to improve the effective deterrence mechanism and work in a targeted manner. The long-term mechanism of prevention at the source has continuously improved the efficiency of trademark review and trial. At the same time, the legal network for malicious squatting is closely organized to promote the inclusion of administrative punishment information on malicious squatting of trademarks into the national public credit information catalog and credit files. (Finish)