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More proposed amendments to Chinese trademark law - Lexology

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China looks set to make yet further significant revisions to its trademark law, with the IP Administration seeking public comments on its draft proposals last month. It will likely lead to a new law this or next year – the fifth revision of the law since its first enactment. The draft proposals would introduce some sweeping changes into the law, including further strengthening the law on bad-faith applications and imposing greater requirements on trademark owners to use or lose their registrations. Comments on the draft proposals are due by 27 February 2023.

We discuss the most important proposed changes - and provide a table comparing the existing and proposed new wording of the legislation - below.

The changes in the current draft seem more far-reaching than those introduced by the fourth revision of the law and are now open to debate. There is a clear attempt to try to prevent trademark owners from clogging the register with defensive marks or re-filings, and to take steps against bad-faith trademark applications and the actors behind them (including irregular trademark agency activities).

Here is a translated comparison of the current and proposed new laws (provided by our trademark agency in Beijing, Tailun IP Agency, Ms. Helen WAN):

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