The second-review draft amendment to China’s Trademark Law will be submitted to
the 23rd session of the 14th NPC Standing Committee, the Legislative Affairs
Commission said. Spokesperson Huang Haihua said on the 22nd the revision targets
deceptive trademarks with three measures: tighten registration review; broaden
complaint and reporting channels; and increase legal liability. Where a
registered trademark is used in a way that misleads the public, trademark
enforcement authorities may order rectification within a deadline. If illegal
business turnover exceeds 50,000 yuan, fines may be imposed of up to five times
that turnover; if there is no illegal turnover or turnover is under 50,000 yuan,
fines may reach up to 250,000 yuan. Failure to rectify on time can lead the
State Council’s trademark administration to cancel the registration.
