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ARTICLE · 13 MAY 2014

New PRC Trademark Law Effective

The impact on brand owners could be considerable in specific areas.

ChinaIntellectual Property

On 1 May 2014, the new PRC Trademark Law came into effect. New provisions do not overhaul the system in place for the protection of trademarks, on the other hand the impact on brand owners could be considerable in specific areas.

We summarize some of the key changes with regards to:

  • Procedures: more convenience in applications and shorter lead-times
  • Bad faith: more scope to counter trademark squatters
  • Trademark enforcement: increase protection for bona-fide trademark users, and increased damages once a court confirms the infringement.

Procedures

  1. One application can cover more than one class. This may result in additional convenience for new applications covering multiple classes, but it remains unclear whether it will impact fees.

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