China’s new trademark law: one month in, five things we know

By Horace Lam

China’s newly amended trademark law has been in effect for about a month now. Has the new law made things better? Here are some of our early observations.

With the new trademark law, the China Trademark Office (CTMO) requires filing of original powers of attorney and trademark application forms. Accompanying these documents and also required are documents proving the valid existence of the applicant company, such as a company incorporation certificate (a copy of the certificate suffices). This requirement to file original papers with the CTMO extends beyond new applications to include oppositions and non-use cancellations filed with the CTMO. At this time, the Trademark Review and Adjudication Board (TRAB) has not adopted the same practice and continues to accept copied documents such as powers of attorney and review submissions. It is not clear if these practices (for both the CTMO and TRAB) will change.

The new trademark law provides for e-filing, but in reality e-filing is not yet an option for foreign companies. The CTMO is only accepting e-filings from domestic Chinese companies at this stage. More importantly, the system only accepts standard goods items. One wonders how useful the e-filing mechanism is in reality…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in


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


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

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.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6