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.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The US Supreme Court has invalidated federal aggregate limits on individual political contributions in the case McCutcheon et al v Federal Election Commission.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Analysis from The Lawyer
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions
The fragile refinance market is back in rude health and US-style alternative lenders are stepping up with innovative structures to sustain the recovery