SAIC issues revised draft of trade mark law amendments

On June 20 2009, the State Administration for Industry and Commerce (SAIC) issued a revised draft of proposed amendments to the PRC Trademark Law (中华人民共和国商标法) for comment by selected agencies and bodies, including trade mark owners. The new draft has incorporated the following significant features:

• It has maintained the broadened scope of registrable trade marks to include colour marks and non-visual marks such as sounds, smells and motion marks (Article 8). However, the new draft provisions dealing with the expanded categories of registrable marks provides that the examination and registration procedures will be dealt with in regulations to be separately promulgated by the SAIC (Article 78);

• The new draft no longer requires the Chinese Trade Mark Office (CTMO) to complete the examination of trade mark within 12 months of the filing date of the same (which was found in the last draft);