Round-up of China trade marks in 2023

Abstract 2023 was a challenging year globally, but China has continued to be attractive to foreign investors, due to its committment to the removal of restrictions on foreign investment and an emphasis on strengthening intellectual property laws so that they are favourable to right holders rather than infringers. The 2023 round-up focuses on the Draft 5th Amendment to the Trademark Law of China, which was published in January 2023. This article analyses the highlights of the Draft Amendment, which includes strengthened provisions relating to bad faith filings and an increased emphasis on the requirement that registered trademarks are actually used. The Draft, if implemented in full, will ensure that repeated filings of trademark applications will no longer be permitted, as well as providing greater protection for well-known marks and changes to procedural rules. The round-up will conclude that the Draft 5th Amendment will enhance the exisiting Trademark Law and further encourage brands to ionvest their business in China.