Friday, August 11 2023   \  Published by Unitalen Attorneys at Law .

How to Respond to Drastic Amendment to China Trademark Law by the Right Holder

How to Respond to Drastic Amendment to China Trademark Law by the Right Holder

On January 13, 2023, the China National Intellectual Property Administration (hereinafter referred to as the "CNIPA") issued the Bill to Revise the Trademark Law of the People's Republic of China (Exposure Draft) (hereinafter referred to as the "exposure draft"), officially commencing the fifth amendment to the Trademark Law of China. As can be seen from the published exposure draft, the number of articles in the Trademark Law has been expanded from 73 to 101, with only 27 in the existing Trademark Law retained, 45 substantially amended, and 23 newly added. This amendment is a "major surgery" on the existing Trademark Law, and many knowledges and practices formed in the past will be changed.

Starting from the background of the amendment of the Trademark Law, this paper will sort out the key amendments that have the greatest impact on trademark practice, and discuss the reasons behind the amendment, the possible influence and the countermeasures that shall be taken by a right holder. Obviously, the amendment of the Trademark Law in question is only an exposure draft instead of a formal law. Hence, it is all the more necessary for us to explore the motives and possible influence of the amendment. In the face of such significant amendment, it may be too late to deliberate over countermeasures after the formal law is issued. Read more

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