The Top 10 proposed amendments to Chinese Trademark Law

(based on 12/2010 draft)

  1. Organization of the provisions: The draft amendment reorganizes the structure of the law by adding specific chapter titles, such as Reasons for Un-registerability of Trademarks; Application for and Examination and Approval of Trademark Registration; Appeal of Registered Trademark; Renewal, Assignment, Licensing, and Cancellation of Registered Trademarks; Registration and Use of Certification Marks and Collective Marks; Geographical Symbols; Special Symbol; and Administration of Trademarks.
  2. Add provisions increasing responsibilities among: State Administration for Industry and Commerce (SAIC), Trademark Appeal Board of the State Administration for Industry and Commerce, local offices of State Administration for Industry and Commerce.
  3. Propose non-traditional marks: sound recordings, smell, and motion marks.
  4. Increase protections of geographic symbols and special symbols in the new draft amendments.
  5. A mark’s application may indicate one or more classes in the same document.
  6. Streamline trademark examination process.
  7. A 12-month examination timeframe: An application shall be examined within 12 months from filing date.
  8. Reduce frivolous trademark opposition.
  9. Introduce a special symbol category having a duration of four year term.
  10. Revocation of mark due to lack of use for three consecutive years.