The Draft of the Trademark Law Third Amendment (Draft) was
released for public comment by the Chinese State Council's
Legislative Affairs Office on September 2, 2011. While the vast
majority of the clauses will not change, trademark owners should
note that certain provisions in the Draft reflect the realities of
the way in which trademarks are globally recognized and used,
thereby adding efficiencies to the prosecution process and
enforcement of valuable brands in China.
Sound and Single-Color Marks Allowed to
Register
Under the current law, trademark protection is only available
for non-traditional trademarks that are visually perceptible and
color marks that contain multiple colors. In the Draft, trademark
eligibility is expanded to include protection for sound marks and
single-color marks. (Article 8). As non-traditional trademarks
become important mechanisms to distinguish the goods and services
of brand owners, this signals a new opportunity for brand owners
