Tuesday, December 26 2023   \  Published by JD Supra.

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes. Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft Amendment to its Trademark Law which, although not yet finalized, could result in significant changes to trademark applications and rights enforcement. The most notable proposed changes include strengthening protections against malicious registrations in the application and enforcement contexts, enacting more stringent requirements for trademark maintenance, and changing what facts Chinese courts can use to evaluate trademark appeals. This article addresses a few key provisions in the Draft Trademark Law Amendment.

The Draft Trademark Law Amendment

First, the Draft Amendment places significant emphasis on combating bad faith and repetitive trademark applications through a number of changes. For example, Article 22 of the Draft Amendment clarifies the parameters of malicious filings, which would be defined as follows: Read more

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