The China National Intellectual Property Administration (CNIPA) has released amendments to China’s Trademark Law for public comment until February 27, 2023.  

The amendments to the Trademark Law focus in large part on improving the use of trademarks, which includes tackling issues, such as “bad faith” trademark registration, trademark squatting, and trademark hoarding. The ultimate aim of the changes is to improve the consumer experience by strengthening the legitimacy of registered trademarks and improving the business environment by stamping out anti-competitive trademark practices. 

Below we discuss a few of these changes and how they may help to optimize administrative resources and improve oversight and management of trademarks. 

Adjusted scope of trademarks 

The draft amendment has slightly adjusted the scope of the types of elements that can be legally registered as a trademark. Article 4 of the draft amendment maintains the basic definition of a trademark that is in the current Trademark Law, stating that a trademark refers to “symbols that can be used to identify and distinguish the source of goods or services”. 

The draft amendment also maintains the same list of symbols that can be registered as a trademark, namely, text, graphics, letters, numbers, three-dimensional symbols, color combinations, and sounds, as well as combinations of the aforementioned elements. However, it also adds the item “other elements”, which, according to some legal experts, loosens the scope of permissible elements and possibly gives unusual types of elements, such as smells or flavors, a stronger legal basis to be registered as trademarks. 

Ban on repeat applications and limits on the number of trademarks per owner 

Article 14 of the new draft amendment stipulates that, unless otherwise specified, the same applicant can only register one identical trademark for the same commodity or service. It also further clarifies (in Article 21) the specific circumstances under which repeat registration is prohibited.  

Specifically, a person cannot apply to register a trademark (for the same commodity or service) that is the same as one that they have previously applied for or registered, or if it has been canceled, revoked, or declared invalid within one year of the date of the registration.