Intellectual Property

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Authored by He Jing (hejing@anjielaw.com)

China’s National People’s Congress (NPC) has released the latest version of the proposed amendment to its Trademark Law for public comments until January 31, 2013. This window may present the last opportunity for the international business community to make requests for reforms to the Law.

The latest draft proposes changes to about 40 provisions. Some of the changes are well anticipated and may prove beneficial for all brand owners. For example, the expansion of trademark formats to include sounds and single colours which may be sufficient to distinguish the subject goods. Also, the provisions allowing trademark applications to cover goods in multiple classes, which will alleviate some of the burden of applicants who wish to file in multiple classes.

However, on one of the most compelling issues — bad faith trademark filings or trademark squatting — the proposed changes could have some unintended consequences, which may arguably create a more complicated situation.Continue Reading Proposed Amendment to China Trademark Law Complicates Squatting Issues

Authored by He Jing (hejing@anjielaw.com)

China is in the midst of uploading its Trademark Law. After two years of research and consultation, the State Council recently approved the latest draft amendment, and officially submitted the draft to the National People’s Congress for a first reading in mid-December 2012. The latest version was released for public comment by the National People’s Congress on January 4, 2013. The period for submitting comments ends on January 31, 2013. Therefore, the amendment may be finally ratified in the first half of this year.

The latest draft proposes to amend approximately 40 provisions. While some of the changes were anticipated, others had not been previously reported. An early review of the proposed changes suggests that trademark applications and enforcement work in China may undergo some substantial changes- assuming that all the changes go through.Continue Reading Latest Draft of Revised Trademark Law Released for Public Comment