Comments to CTMO on the Revision of the Trademark Law

2018-07-31 | All chapters

In April 2018, the Trademark Office issued a call for comments, until end of July 2018, for a fourth revision of the Trademark Law. The European Chamber welcomes the opportunity to provide input on many pending issues in trademark enforcement. The European Chamber's Intellectual Property Rights, Legal & Competition, Agriculture, Food & Beverage, Auto Components, Finance & Taxation, Heating and Petrochemicals, Chemicals & Refining Working Groups, on behalf of member companies, submitted their consolidated comments to CTMO.

Working groups suggested to expand channels for trademark applications and remove the restrictions for foreign applicants (Article 18). In the event of applying for reviews or raising objections, the 15 days of preparation time is not always sufficient (Articles 34, 35, 44, and 54), it is recommended the prescribed period may be extended under complicated circumstances. With regard to the renewal, alteration, transfer, and use of registered trademarks, several provisions (Articles 12, 24, 40, 48, and 59) need further clarification to facilitate corporate compliance and industry self-discipline.

Moreover, penalties should be increased to crack down on trademark squatting. Other measures can be explored, for example, exposing a blacklist, requiring the applicant of the bad-faith trademark to provide the use evidence of the trademark etc.