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Amendments to Trademark Laws

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Jun 06, 2019 (Newsletter Issue 7/19)
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Trademark Law Amended

On April 23, 2019, the Standing Committee of the National People's Congress, China's top legislature, approved revisions to eight laws, including the Trademark Law which will come into on November 1, 2019.

The amendment aims at combating bad faith application without actual intention to use, strengthening punishments on trademark infringement and raising the statutory damage from maximum 3 million yuan to maximum 5 million, curbing the number of bad faith applications or litigations by giving more responsibilities to Chinese trademark agencies, etc.

Traditionally, the pirated trademarks can be opposed when they are preliminarily approved and published and can be invalidated when they are registered. However, such procedures are slower and more costly for the opposition or invalidation applicants. The amended law gives the examiner more legal bases to combat bad faith bulk applications without intention to use in the early stage of examination so that the bad faith applications can be restricted more effectively and economically.

For further information, please check the article of our Country Index Gold partner P. C. & Associates, China here

Source: P. C. & Associates, China