Key changes are outlined below:
- Recognition of Online Trademark Use
Article 2 clarifies that the statutory definition of trademark use includes use carried out through the Internet and other information networks.
- Introduction of Motion Marks
Pursuant to Article 14, motion marks are expressly included as a registrable category of trademarks.
- Expansion of Cross-Class Protection for Well-Known Trademarks
Article 21 extends the scope of protection available to well-known trademarks by expanding cross-class protection to holders of unregistered well-known trademarks in China.
- Refining the Rules on Trademark Infringement Compensation
Pursuant to Article 77, the law refines the framework for trademark infringement damages. Actual losses and the infringer’s profits now rank equally for calculating compensation, replacing the previous priority given to actual losses. In addition, reasonable enforcement expenses must be included in the compensation fee. This provides rights holders greater flexibility in selecting the most advantageous basis for calculating damages and maximizing their recovery.
- Shortening the Trademark Opposition Period
Pursuant to Article 36, the period for filing oppositions to trademarks that have been preliminarily approved and published has been reduced from three months to two months.
- Strengthening Administrative Enforcement Mechanisms
The revised law significantly reinforces administrative enforcement for example by introducing administrative penalties for bad-faith trademark applications.
In addition, Article 57 empowers the trademark authority to initiate non-use cancellation proceedings ex officio and cancel trademarks that have not been used for three consecutive years.
While the revised law enhances trademark protection and enforcement mechanisms, trademark owners should remain mindful of the strengthened genuine use requirements and ensure proper documentation of trademark use to preserve their rights.
We are at your disposal for any enquiries.
Contact person:
Dr. Udo W. Herberth, LL.M., Partner, uherberth@weickmann.de
Yuanyuan Song, LL.M. Eur., Legal Expert