Three ways to rescue the Trademark Law
March 28, 2012 | BY
clpstaffThe PRC Trademark Law has been under review since 2005, but the proposed changes fail to address three of the biggest problems faced by trademark owners: well-known trademark recognition, bad faith filing and OEM infringement. Reforms to these big three could transform the Trademark Law and the business environment
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Seven years waiting
The third review of the current PRC Trademark Law (中华人民共和国商标法) started in 2005. During those seven years, the PRC Patent Law (中华人民共和国专利法) underwent its third amendment and was published in 2008. The PRC Copyright Law (中华人民共和国著作权法) also completed its third amendment and was published in 2010. The third revision of the Trademark Law has been long awaited and looked forward to, but already the proposed amendments fall short of the public's expectations. The most burning issues are not addressed. In the next few years, the brands that are well known in the market will remain unknown on the China Trademark Office (CTMO) and Trademark Review and Adjunction Board (TRAB) or court decision papers. But some that already have well-known status are not necessarily known in the market place. The CTMO and TRAB will struggle with a law that refuses to clear bad faith applications. Inconsistent rulings over whether an original equipment manufacturer (OEM), manufacturing solely for export can infringe in China will confuse courts, brand owners and administrative enforcement agencies.