The revision of the law was passed on August 30, 2013 by Standing Committee of the National People’s Congress (NPC), the country’s top legislative organ.
This is the third revision of the People’s Republic of China Trademark, which has been under consideration for several years. The new law will take effect on May 1, 2014.
The new law contains comprehensive changes, including improved protection for foreign rights holders, provisions on bad-faith registrations and increased protection for well-known marks.
Other changes include, but are not limited to:
- Time-frames for the administrative authorities to handle applications, appeals, opposition, cancellations, etc.
- Registrability of sound marks
- Multi-class applications
- Statutory damages for infringement were increased to up to six times the previous limit
- Punitive damages were introduced for the first time into China’s Trademark Law
- Use of a third-party trademark as a company name may be actionable under Unfair Competition Laws
This publication is meant solely for general information and should not be regarded as legal advice. If you would like additional information, please contact:
For more information:
Luis D. Acuña
tel. 00 (506) 2221-9058
LDAcuna@AcunaLegal.com
