China amends trademark law: practical implications for brand owners
By Horace Lam and Edward Chatterton
China’s eagerly anticipated amendments to its Trademark Law will come into force on 1 May 2014. This gives brand owners just a few months to come to grips with the practical implications of the new law.
Under the existing law, if an opponent is unsuccessful in opposition proceedings before the Chinese Trade Mark Office (CTMO), it may appeal the decision to the Trademark Review and Adjudication Board (TRAB). However, under perhaps the most far-reaching amendment of the new law, an unsuccessful opponent will no longer be able to appeal the CTMO’s decision, but must file a cancellation action at the TRAB. The trademark applicant, on the other hand, will continue to have a right to appeal the CTMO’s decision to the TRAB.
An opponent’s right of appeal to the TRAB has in practice been of great importance to brand owners because the TRAB typically takes a more nuanced approach than the CTMO. Unfortunately, given the high workload of CTMO examiners, it is not uncommon for errors to be made, resulting in credible oppositions against pirate marks initially being refused…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Cross-border work and political tensions are dominating this year’s entries for Finance Team of the Year at The Lawyer Awards.
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work