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To strengthen trademark management, optimize the guidance of trademark law enforcement and unify the law enforcement standards, the China National Intellectual Property Administration recently initiated solicitation of opinions from the public on the Standard for Judging General Illegality of Trademark (Draft for Soliciting Opinions).
This draft for comment makes an unlimited enumeration of the general illegal acts that violate the order of trademark management. For example, the following acts may constitute the general violation of Trademark Law: neglect to grant trademark registration as stipulated in Article 6 of the Trademark Law, and usage of signs that shall not be used as trademarks as stipulated in Article 10.1 of the Trademark Law. In addition, the judgment standard of prohibiting the use of trademarks, the judgment standard with deceptive definition, the judgment standard of adverse effects and the like are specified in detail.