第三次《商标法》修法自2003年启动,至2013年8月30日由全国人大常委会正式表决通过,历经了十年。十年,不是一段短时间。这十年里,作为知识产权法律基础的社会经济发生了巨大的变化,正是社会市场经济发展和商标法律实践的内在需求,推动着此次《商标法》的修改。早在2003年,把恶意抢注、异议作为市场竞争手段、尤其是“驰名商标”异化的问题,就已经显现。十年间,商标虚假繁荣的状态有增无减,各种形式合法掩盖下的不正当竞争愈演愈烈,如同一趟失控的列车在企业追求高经济利益及部分 The third revision of the “Trademark Law” was launched in 2003 and formally passed by the Standing Committee of the National People’s Congress on August 30, 2013, after ten years. Ten years, not a short time. In the past ten years, the social economy as the basis of intellectual property law has undergone tremendous changes. It is exactly the inherent demand of social market economy development and trademark law practice, which promotes the revision of the Trademark Law. As early as 2003, the problem of maliciously registering and dissenting as a means of market competition, especially the “alienation of well-known trademarks,” has already emerged. In the past ten years, the state of false and prosperous trade mark has been steadily increasing. The unfair competition under various forms of legal cover has intensified like a runaway train seeking high economic benefits in enterprises and part of it