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New Chinese Trademark Law Amended on August 30, 2013 and Shall Come Into Effect as of May 1, 2014

2013-09-02

On August 30, 2013, China National People’s Congress enacted the amended Chinese Trademark Law, which shall come into effect as of May 1, 2014.

The current Chinese Trademark Law was enacted in 1982, and amended in 1993 and 2001 respectively. In December 2012, June 2013 and August 2013 respectively, the National People’s Congress has reviewed the draft amendmentsof the Chinese Trademark Law three times.

The amendment of the new Chinese Trademark Law mainly covers the following aspects:

  1. Time limitation is set for major matters of trademark prosecutions before Chinese Trademark Office (CTMO) and Trademark Review and Adjudication Board (TRAB);
  2. Trademark opposition system is further improved;
  3. Well-known mark protection system is further clarified;
  4. Trademark protection is further strengthened;
  5. Bad faith filing is to be further cracked down;
  6. Regulations and requirements ontrademark agents are enhanced.

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