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Q&A of Comparison Between the Old and New Trademark Laws of China (5)
Q&A of Comparison Between the Old and New Trademark Laws of China (5)
| Q: |
What penalties does the new Trademark Law impose on trademark agency practitioners for violations? |
| A: |
The new Trademark Law adds a liability-tracing mechanism for agency practitioners, and a violating individual may be subject to a maximum fine of less than 100,000 yuan. |
| Q: |
What consequences will an enterprise face if it alters the registered trademark on its own? |
| A: |
According to the provisions of the new Trademark Law, the enterprise will first be ordered to make corrections within a time limit. If it fails to do so within the period, it may be fined up to 50,000 yuan, and the registered trademark may even be revoked in serious circumstances. |
| Q: |
What restrictions does the new Trademark Law impose on the assignment of certification marks? |
| A: |
The new Trademark Law stipulates that the assignee of a certification mark must be a subject with statutory supervision capability over the corresponding goods or services, and ordinary enterprises cannot directly acquire such a mark through assignment. |
| Q: |
After an enterprise voluntarily cancels its trademark, can it immediately submit an application for the same trademark again? |
| A: |
The new Trademark Law sets a 1-year cooling-off period after the voluntary cancellation of a trademark. Identical or similar applications submitted within 1 year after cancellation will not be approved by the CNIPA, to prevent malicious hoarding of trademark resources. |
| Q: |
Is the trademark application procedure the same for unincorporated organizations and legal persons? |
| A: |
The new Trademark Law explicitly clarifies that natural persons, legal persons and unincorporated organizations can all be trademark application subjects, which aligns with the subject classification in the Civil Code. Their trademark application procedures are identical. |

