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Amendments to Trademark Laws

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Jan 26, 2023 (Newsletter Issue 2/23)
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Draft Amendment to Trademark Law Published

On 13 January 2023, the China National Intellectual Property Administration (CNIPA) published the draft amendment to the Trademark Law of the People's Republic of China. This is the fifth revision of the Chinese Trademark Law since 1983. The draft expands the Trademark Law to 10 chapters and 101 articles. Of these, 23 new articles have been added, 6 new articles have been carved out of existing articles, 45 articles have been substantially revised and 27 existing articles have been retained.

Many of the amendments aim to reduce the malicious registration of trademarks and introduce a system to enforce the transfer of maliciously occupied trademarks. In addition, the requirement of good faith in the field of trademarks is to be strengthened. Furthermore, trademark registrants are now required to file statements of use every five years and are subject to random checks.

CNIPA’s notice and the draft can be reviewed here (in Chinese only).

For more information, please see here