China is preparing to introduce the third revision to the PRC Trademark Law. According to the State Administration for Industry and Commerce (SAIC), the proposed amendments are intended to: (1) shorten and simplify the currently complicated and time-consuming process for trademark registrations;(2) prevent abuse of the trademark opposition procedure; (3)increase the severity of penalties for trademark infringement.
The draft for comment contains various noteworthy points. For example, it expands which “elements” of a mark can be registered. The “sound” element, therefore, may now be registered. In addition, the amended draft expands how “colours” can be registered, no longer limiting registration to a combination of colors.
In addition, the draft specifies that when applying to register a single trademark in different classes, only one application need be made (one trademark, multiple classes). This should reduce staff workload. The draft further proposes that if a registered trademark is to be used on goods other than the ones for which it has been registered, a separate application for registration needs to be filed. Finally, trademark applications may be filed electronically.
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Zhang Xu is a founding partner at HFG
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