On April 23, 2019, the Standing Committee of China National People’s Congress passed and published Amendments to the Trademark Law of the People’s Republic of China, which shall enter into force on November the 1st, 2019.
According to the Amendments,
- Curbing bad-faith application
Any bad-faith application for registration of a trademark that is not intended for use shall be rejected. Trademark agency shall not represent any application falling into such circumstances. A published application falling into such circumstances can be opposed during publication period, and a registered trademark falling into such circumstances can be revoked by Trademark Office, ex officio, or upon request to Trademark Review and Adjudication Board. Those who apply for trademark registration in bad faith is subject to administrative penalties such as a warning or even a fine according to the circumstances.
- Increasing infringement compensation
The amount of punitive damages in case of bad-faith trademark infringement with serious circumstances is increased from maximum three times to maximum five times of the calculated damages; the maximum amount of statutory damages is increased from 3 million RMB Yuan to 5 million RMB Yuan.
- Attacking bad-faith litigation
Those who file trademark lawsuits in bad faith are subject to penalties by court.