Uniform law enforcement standards! "Trademark Infringement Judgment Standards" issued

In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on strengthening intellectual property protection, strengthen the guidance of trademark law enforcement, unify law enforcement standards, and strengthen the protection of trademark exclusive rights. A few days ago, the State Intellectual Property Office issued the "Standards for Judgment of Trademark Infringement" (hereinafter referred to as the "Standards").

After the reform of the party and state institutions in 2018, the central government made it clear that the State Intellectual Property Office is responsible for the business guidance of trademark and patent enforcement work, "to formulate and guide the implementation of trademark rights, patent rights confirmation and infringement judgment standards". The formulation of the "Standard" is not only a practical need to implement institutional reform requirements and strengthen guidance on trademark enforcement, but also a specific measure to implement the "Opinions on Strengthening Intellectual Property Protection" and its promotion plan.

 Within the framework of the Trademark Law, and based on the guidance function of trademark enforcement, the Standard systematically sorts out and summarizes the useful experiences and practices of trademark administrative protection over the years, and provides specific operational guidelines for the relevant departments of trademark enforcement to administer according to law. Market players create a highly transparent and predictable intellectual property protection environment. There are thirty-eight articles in the Standard, which provide detailed provisions on the use of trademarks, the same commodity, similar commodities, identical trademarks, similar trademarks, easy confusion, sales exemption, conflict of rights, suspension of application, and identification of rights holders.

 The relevant person in charge of the Protection Department of the State Intellectual Property Office said that the next step will be to do a good job in the policy interpretation of the "Standard", increase training efforts, and promote the implementation of the "Standard". At the same time, do a good job in guiding cases, typical cases, administrative replies, etc., and constantly improve the business guidance system, improve the level of law enforcement and protection, increase the protection of intellectual property rights, and create a good business environment.