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Interpreting China's New Trademark Law
The Trademark Law of the People's Republic of China was adopted in 1982 and amendments made in 1993 and 2001. The third amendment to the Trademark Law was promulgated on Aug. 30, 2013, and became effective on May 1, 2014. New Regulations for the Implementation of the Trademark Law of the People's Republic of China were promulgated on April 29, 2014, and also became effective on May 1, 2014.
According to the new amendment, the registerable subject matter of trademarks are any signs, including words, devices, letters, numbers, 3-D signs, color combinations and sounds, etc., as well as combinations of the aforesaid elements. Sounds are newly added. According to the new regulations, it is necessary to provide a musical sample, explain how the sound mark is used, and describe the sound mark by using a staff or numbered musical notation with literal explanation, or by using literal representations if it cannot be described by using a staff or numbered musical notation.
China is a first-to-file country, so whoever registers a trademark first will have exclusive right to use it. Therefore, it is always recommended that trademark applications be filed as early as possible. It is more urgent for newly allowed types of marks because of the vacancy of prior right.
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