Vincent D. Yu

Proposed Changes to the China Trademark Law

The Chinese National Intellectual Property Administration has issued a draft amendment to the Trademark Law of the People's Republic of China. The amendments aim to strengthen the trademark system, promote commercial use, and protect the rights of legitimate trademark owners. The proposed changes include expanding the elements that can be registered as trademarks, making trademark usage a prerequisite for application and renewal, cracking down on malicious registration, prohibiting repeated applications, enhancing the protection of well-known trademarks, and facilitating the transfer of registered trademarks to rightful owners in certain proceedings. These adjustments align the Chinese trademark system with international practices, simplify procedures, and emphasize the importance of actual trademark use.