China updates trademark law to enhance standards and align with international practices

Revisions to the regulations implementing China's Trademark Law are underway. These changes aim to refine and enhance standards and procedures in the trademark sector, creating a legal framework that aligns with the country's broader goals of opening up, an official said on Wednesday.

Rui Wenbiao, spokesperson and deputy commissioner of the China National Intellectual Property Administration, announced at a news conference that the guidelines for trademark review are being updated to ensure the effective enforcement of the newly amended Trademark Law. This law was passed by China's top legislative body in June and will come into effect on Jan 1.

The administration is also upgrading its trademark application and review information system and planning to offer educational programs about the law for the public, businesses, and intellectual property service organizations, Rui added.

The revised law emphasizes the principle of credibility in applying for and using trademarks. It states that trademarks must not harm national or public interests or infringe on others' legitimate rights.

The law expands the types of elements that can be registered as trademarks, clarifying that dynamic signs and their combinations with related elements, such as animations used in mobile phone startups, can be trademarked. This change responds to the needs of businesses in new technology sectors and emerging industries.

Furthermore, the law removes the distinction between registered and unregistered well-known trademarks regarding cross-class protection. This aligns China's practices more closely with international economic and trade standards.

The law also clarifies the process for withdrawing trademarks that have been registered but not used, imposing severe penalties on the misuse of registered trademarks in ways that could mislead the public.