New Trends, New Possibilities: A Comment on the Proposed Fifth Amendment to China’s Trade Mark Law

Abstract

In January 2023, the China National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Trade Mark Law of the PRC (Draft for Public Comment), launching the proposed fifth revision of the Trade Mark Law. This revision comes 40 years after the first version of the Trade Mark Law was implemented. Compared with previous amendments, the Draft makes significant changes, representing a new legislative trend in China’s trade mark law. This comment gives an overview of the background of the fifth amendment and highlights and comments on the fundamental changes in the Draft Amendment.