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Trademark Law draft amendments: A snapshot

China recently released proposed Trademark Law amendments. Although they represent helpful steps forward to strengthen trade mark protection, areas remain that require further consideration

Issue: October 2011

Keywords (click to search): trademark law trade mark Rouse amendments

On September 2 2011, the State Council’s Legislative Affairs Office released a further draft of proposed amendments to the PRC Trademark Law (中华人民共和国商标法). While the amendments may not, in some respects, go far enough, they will strengthen trade mark protection in China, reflecting the Government’s commitment to bringing the country’s IP laws into line with international standards. The draft, which is available on the State Council’s website, will be open for public comment until October 8 2011.

This article highlights some of the most important changes contained in the draft.

Non-traditional trade marks

The scope of trade mark protection has been extended to include single colour and sound marks.

Application and examination procedure

The draft makes provision for the filing of applications online. It also makes provision for the filing...

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