Notable Changes of Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Public Comment) Released by CNIPA

CHANG TSI
Insights

January19
2023

CNIPA released "Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Public Comment)" on 13 January 2023, the notable changes are as follows: 

1.    New requirement on use of registered trademarks – Description of trademark use shall be submitted to CNIPA every five years after the registration. 
2.    Repeated application is prohibited - One applicant should register only one trademark on the same good or service. 
3.    Amendments on trademark opposition - Trademark opposition period shortened to 2 months. Cancellation of non-registration review procedure. 
4.    Amendments on administration litigation - Change of situation of the cited marks are not necessarily considered in the litigation
5.    Amendments on invalidation of registration of mark - The disputed mark could be transferred to the true owner in the invalidation case if necessary. 
6.    Civil litigation against malicious registration & Counterclaim and compensation against malicious actions.

Related News