The CNIPA publishes a revised draft of the trademark law
The State Intellectual Property Office (CNIPA) promoted the revision of the China Trademark Law and released the Amendment to the Trademark Law (Draft for Comments) on January 13, 2023, which is currently available for comment.
Specific suggestions for revising and improving the Draft for Comments must be provided by February 27, 2023.
According to the CNIPA official site, this revision was required to comply with the requirements of the Communist Party of China’s 20th National Congress on “strengthening the legal protection of intellectual property rights,” further improving the trademark system, and resolving serious trademark problems.
Many revisions were proposed, resulting in the Trademark Law being amended to ten chapters and 101 articles. There were 23 new articles added, 6 new articles split from existing articles, 45 articles significantly amended, and 27 current articles maintained.
Important Points of the revised draft
- When filing for a trademark, it is required to clarify how the trademark will be used or intended to be used.
- Every five years after trademark registration, trademark use instructions must be provided to the CNIPA.
- When registering for trademarks and trademark rights protection, the concept of good faith should be followed.
- Repeated application is not permitted. Only one identical trademark on the same products may be acquired by the same owner.
- The trademark opposition time will be reduced to two months.
- Cancel the procedure of review of non-registration.
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
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