|
Q：
|
What new prohibited signs has the new Trademark Law added that cannot be registered as trademarks?
|
|
A：
|
The new Trademark Law newly prohibits the registration and use of signs related to the name of the Communist Party of China (CPC), its flag and emblem, medals, or significant theoretical achievements and historical events, etc. Such applications will be directly rejected.
|
|
Q：
|
Can unregistered well-known trademarks receive cross-class protection under the new Trademark Law?
|
|
A：
|
Under the old Trademark Law, only registered well-known trademarks were protected. Under the new law, unregistered well-known trademarks can also obtain cross-class protection against unauthorized use, broadening the scope of protection against malicious registration.
|
|
Q：
|
Will the new Trademark Law penalize the use of modified trademarks that mislead the public?
|
|
A：
|
Yes. Under the new Trademark Law, the use of trademarks in a modified form that misleads the public may result in a fine of up to 250,000 yuan. If the violation is not rectified within the deadline, the registered trademark may also be directly revoked.
|
|
Q：
|
What new requirements does the new Trademark Law impose on the transfer of collective trademarks?
|
|
A：
|
The old Trademark Law had no specific restrictions on the transfer of collective trademarks. The new law requires that the transferee must possess the corresponding entity qualification and the ability to supervise product quality. Collective trademarks cannot be transferred at will.
|
|
Q：
|
Is there still a 1-year prohibition period on registration after an enterprise voluntarily cancels its trademark?
|
|
A：
|
The old Trademark Law only stipulated a 1-year prohibition period after revocation or invalidation. The new law adds that within 1 year after voluntary cancellation, applications for identical or similar trademarks will not be approved for registration.
|
English
FAQ
