The Decision has made 53 revisions to the current Trademark Law in the following five areas:

• Adding provisions regarding the trademark review period;
• Improving the opposition system for trademark registration;
• Regulating the protection system for well-known trademarks;
• Strengthening the exclusive rights protection of trademarks; and
• Regulating the activities of trademark agencies.

Detailed information can be found below.

Adding provisions regarding the trademark review period
The revised Trademark Law has, for the first time, specified the relevant periods for trademark review, providing:

• The period for the initial examination for trademark applications shall be no longer than nine months;
• The period for raising oppositions after the publication of the trademark is three months;
• The period for investigation and verification shall be no longer than 12 months;
• The period for the Trademark Review and Adjudication Board to review and make decisions on the rejection of an application or refusal of publication rendered by the Trademark Office shall be no longer than nine months; and
• The period for reviewing the opposition case where the Trademark Office finds the opposition is tenable shall be no longer than 12 months.

The time limits provide a legal basis for the country to build up an efficient trademark registration system. However, the above-mentioned periods may be expanded upon approval from the State Administration for Industry and Commerce if special circumstances arise.

Improving the opposition system for trademark registration
Under the current Trademark Law, anyone can oppose a preliminary approved trademark. Especially, where an opposition is filed against a preliminarily approved and published trademark, the Trademark Office shall render a ruling upon investigation and verification. If the party concerned is dissatisfied with the decision, the party may apply with the Trademark Review and Adjudication Board for re-examination. If a party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, the party may file a lawsuit before a people’s court.

This existing opposition system has proven to be complicated and time-consuming, and the revised Trademark Law simplifies the opposition system by allowing the Trademark Office to make a decision directly upon investigation and verification.

Moreover, in order to curb the bad-faith oppositions, the revised law stipulates that only prior right holders and relevant interested parties are allowed to file oppositions based on the infringement of prior rights.

Improving the protection system for well-known trademarks
With the view to regulate the protection system for well-known trademarks, the revised Trademark Law explicitly states that the recognition of well-known trademarks shall follow the “passive identification on a case by case basis” principle, meaning the recognition of well-known trademarks shall be conducted by the competent authorities only at the request of a trademark holder in a trademark case.

Moreover, the revised Trademark Law forbids the use of “well-known” wording on products, product packages, advertisements, exhibitions or other promotional activities, thereby preventing companies from enhancing the recognition of their products by taking advantages of others’ branding. The local administration authority of industry and commerce may order a rectification and impose a fine of up to RMB100,000 for each violation.

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