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In preparation for the entry into force of the amended Trademark Law on 28 November 2003, the Intellectual Property Office (IPO) completed draft amendments to the Trademark Law En-forcement Rules. The amendments will reduce the rules from 51 articles to 43. The main points of the amendments are outlined below:
It is explicitly provided that a valid filing date cannot be obtained until the applicant's name, the trademark specimen, and the goods or services for which the mark is designated have all been filed.
If an application to register a single-color mark, three-dimensional mark, audio mark, or collective mark under the new law is filed before the new law takes effect, the filing date will be deemed to be 28 November 2003.
If priority is claimed when applying to register a single-color mark, three-dimensional mark, audio mark, or collective mark under the new law, the priority date should not be earlier than 28 November 2003.
New provisions are introduced to have the IPO sent the defense to the applicant during the proceedings of opposition, invalidation and cancellation.
The IPO is currently holding public hearings to solicit opinions on the draft amendments, which are still subject to change. We will follow de-velopments closely and keep readers updated.
