CNIPA released "Draft Amendment to the Trademark Law of the People's Republic of China (Draft for Public Comment)" on 13 January 2023, the notable changes are as follows:
1. New requirement on use of registered trademarks – Description of trademark use shall be submitted to CNIPA every five years after the registration.
2. Repeated application is prohibited - One applicant should register only one trademark on the same good or service.
3. Amendments on trademark opposition - Trademark opposition period shortened to 2 months. Cancellation of non-registration review procedure.
4. Amendments on administration litigation - Change of situation of the cited marks are not necessarily considered in the litigation
5. Amendments on invalidation of registration of mark - The disputed mark could be transferred to the true owner in the invalidation case if necessary.
6. Civil litigation against malicious registration & Counterclaim and compensation against malicious actions.