New Trademark Law Will Take Force on Next May 1st

On August 30, the 4th meeting of the 12th National People's Congress Standing Committee passed the amendment to the trademark law, which will come into force on May 1st, 2014. The revised Trademark Law added that sound could be registered as a trademark and a trademark application could be submited by way of data message, and raised the compensation ceiling for trademark infringement to 3 million yuan. Moreover, well-known trademarks shall not be used in promotions or advertising. All these mean a more convenient registration and a fairer market.

The draft changed clauses regarding the examination time limit for trademark registration to make it more efficient, and improved the oppsition system. The new law also offers protection for well-knowned trademarks, strengthened the protection of the trademark right, and regulating the registration and use of trademark. The new law added that trademark agencies are not allowed to accept entrustment if they know or should know that their clients are conducting a malicious registration or infringing on the trademark rights of others.

Professor Tao Xinliang, dean of the Intellectual Property (IP) Institute of Shanghai University, said to the CIP news journalist that it took lots of time and effort to formulate the new law, which changes clauses regarding problems in the market such as the complex registration procedures, long examination period as well as frequent malicious registration. Well-targeted, practical and forward-looking, the new law sets a milestone for China's IP legislative work.

The trademark law was formulated in 1982, and was revised twice in 1993 and 2001 respectively.

(China IP News)