中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

The State Intellectual Property Office solicits public comments on the Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Comments)

FROM:CMAC | 2023-04-06

To implement Xi's important instructions on IP work and the strategic directions for bolstering protection of the rule of law in IP rights pointed by the 20th CPC National Congress, to further improve the trademark system, solve the outstanding problems in the trademark field and promote the high-quality development of the socialist market economy, China National Intellectual Property Administration(CNIPA) actively promoted the revision of the Trademark Law of the People's Republic of China, drafted the Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Comments), and solicited comments from all sectors of society on January 13.

On the basis of the 73 articles in Chapter 8 of the current Trademark Law, the Draft for Comments has been expanded to 10 chapters and 101 articles, of which 23 articles have been added, 6 new articles have been split from the existing provisions, 45 articles have been substantially amended, and 27 articles of the existing law have been basically maintained, and all-round amendments have been made.

The amendment makes a number of major and even breakthrough adjustments to the content of the current Trademark Law, such as voluntary submission of instructions for use, prohibition of duplicate registration, prohibition of bad faith trademark registration application and penalty mechanism, declaration of invalidation of relative grounds and transfer of trademark, responsibilities and obligations of trademark agencies, new remedies for trademark infringement, protection of well-known trademarks, credit supervision, trademark brand building measures, etc.

(Source: Official Website of CNIPA& KMW_China Wechat Account)