China's new Trademark Law has been issued and becomes effective May 1st, 2014. Important changes in the areas of anti-piracy, prosecution, enforcement, well-known mark determination and usage, opposition, and cancellation have been made. Foreign companies and their counsel should be aware of these changes so that rights and interests are not prejudiced and opportunities are not missed.
The significant changes include:
- Strengthened protection against piracy.
- Shortened trademark prosecution times.
- Sound marks and multiple class trademark applications made available.
- Strengthened well-known mark protection.
- Narrowed legal standing for oppositions and invalidation.
- A mark proceeding to registration if the opposition fails at the first level of adjudication at the Trademark Office.
- Increased fines, compensation, and statutory damage against infringement.
For the full updated atricles of the new law please click here for the PDF.