On January 13, 2023, China National Intellectual Property Administration issued the "Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Comments)".  The draft amendment is mainly reflected in the following aspects:

1.       Strengthen the obligation to use trademarks, and add a new system of submitting trademark use descriptions every five years.

2.       Strengthen the protection of trademark exclusive rights and crack down on trademark infringement, such as specific measures to regulate malicious registration of trademarks.

3.       Optimize the trademark examination procedures.  During the TM examination, the IP administrative department of the State Council may send a written examination opinion, requiring the applicant to make explanations or amendments.

4.       The opposition period is ready to be shortened to two months.

5.       Duplicate registrations are prohibited in principle.  Unless otherwise specified, the same applicant shall only register one identical trademark for the same goods or services.

6.       Add the entry threshold for trademark agency practice.

7.       During an invalidation proceeding of a registered trademark, the prior right holder can request a transfer of the subject trademark.

8.       Support the promotion of the use of trademarks and brands, and add new terms for the construction of trademarks and brands.

The draft is still being solicited for comments, and our firm will continue to report on the progress.