The Regulations impose serious penalties for the infringement of trademark rights. The maximum amount of the penalty for such infringement equals to three times of the illegal turnover. Should the illegal turnover cannot be determined, the cap of fine will be RMB 100,000.

Any individual or unit can file a complaint at the Administration for Industry and Commerce or report a trademark infringement. The Regulation renders several explicit definitions for the new amended Trademark Law. Subject to the provisions, trademark infringement means one of the following acts: using names or trade dresses of marks that are same as or similar to registered trademarks and thus causing public confusion; intentionally providing services such as storage, transportation, mailing or concealment to facilitate the infringement of another's exclusive right to use a trademark.

The new Regulations also allow applications for registration of geographical indications as certification of collective trademarks.

----Linus Zhu