According to news from the State Council Information Office, a press conference was held today where the National Intellectual Property Administration stated that recently, “deceptive trademarks” have attracted considerable attention from consumers. In response to this issue, the administration is taking strong measures to carry out a special rectification.
Strictly controlling the examination and registration process. The trademark examination standards have been further improved, and the “Guidance on the Examination and Review of Deceptive Trademarks” has been formulated. Training for examiners and guidance on typical cases have been strengthened, and examination responsibilities have been tightened. Applications that falsify aspects such as quality, function, or origin are strictly examined, and trademark applications likely to mislead consumers are firmly rejected. Since 2023, a total of 1.273 million such trademark applications have been rejected.
Handling invalidations swiftly and strictly in accordance with the law. For trademarks that have been registered in compliance with regulations but exhibit serious misleading behavior in use, a proactive investigation and clue reporting mechanism has been improved, and actions are taken promptly and strictly in accordance with the law. To date, 3,351 such trademarks have been declared invalid ex officio.
Strengthening governance by improving relevant laws and regulations. Currently, the “Trademark Law (Revised Draft)” has passed its first review at the Standing Committee of the National People’s Congress. In this revision, legal provisions specifically addressing “misleading use of registered trademarks” have been added. This means that in the future, those who deceive consumers under the guise of trademarks will face more severe penalties.