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Amendments to Trademark Laws

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Mai 17, 2013 (Newsletter Issue 7/13)
China
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Third Revision of PRC Trademark Law


Chinese legislators are preparing for the third revision of the PRC Trademark Law. The current PRC Trademark Law was promulgated on 23 August 1992 and was revised in 1993 and 2001 respectively. However, the third revision aims to simplify the registration process, strengthen the protection of trademark rights and improve the enforcement against trademark infringement. The latest draft of the third revision of the PRC Trademark Law (“Draft Revision”) has been released by the Chinese legislators for public comments in January 2013.

The most notable amendments contained in the Draft Revision are below:
- Expansion of Non-traditional Trademark Registration
- Simplified Registration Requirements and Procedure
- Material Change in Opposition Procedure
- The Conflict of Trademark and Trade Name
- A More Trademark Owner Friendly Burden of Proof System

The Draft Revision will still be subject to two or three more readings before it is adopted by the Chinese legislators.

For more information, please check the article of King & Wood Mallesons here

Source: King & Wood Mallesons, China