The newly amended Trademark Law is formally enforced on May 1st this year. It includesthe protection of sound trademarks.And, it also stipulates that the symbol "Well-known Trademark" shall not be used in advertisement propaganda (otherwise a fine of RMB 100,000 will be imposed).Besides, the upper limit to the amount of statutory damage claim for a trademark infringement case is raised to RMB 3,000,000 in the new Trademark Law. Other related details are listed as follows:

1. Regarding Trademark Registration

  1. For trademark registration, opposition, change, assignment, renewal, revocation, cancellation, and licensing recordal filed before May 1, 2014,and the administration decision made on or after May 1, 2014 by the Trademark Office, the amended Trademark Law shall apply.Whereas for the verification to the petitioner’s qualification and the opposing reasons in an opposition application, the Trademark Law prior to the amendment shall apply.
  2. For trademark registration, opposition, and revocation filed before May 1, 2014, the examination period shall be calculated from May 1, 2014. But for the opposed trademark whose announcement of the preliminary examination is released within 3 months or less prior to May 1, 2014, the examination period shall be calculated from the expiration date of said announcement period.

2. Regarding Trademark Review and Adjudication

  1. For reexamination requested to the Trademark Review and Adjudication Board (TRAB) before May 1, 2014 due to dissatisfaction with the refusal of the trademark registration of the Trademark Office, but examined by TRAB after May 1, 2014, the amended Trademark Law shall apply.
  2. For reexamination requested to TRAB before May 1, 2014 due to dissatisfaction with the decision of the trademark opposition of the Trademark Office, but examined by TRAB after May 1, 2014, the party's subject qualification for such opposition and reexamination shall be governed by the Trademark Law prior to the amendment.Other procedural and substantiveissues shall be governed by the amended Trademark Law.
  3. For registered trademarks, the relevant procedural issues regarding trademark dispute and withdrawal of reexamination requested before May 1, 2014 but examined by the TRAB after May 1, 2014 shall be governed by the amended Trademark Law; while the substantiveissues shall be governed by the Trademark Law prior to the amendment.
  4. For trademark review and adjudication applied to TRAB before May 1, 2014, the examination period shall be calculated from May 1, 2014.

3. Regarding Trademark Superintendence and Administration

  1. If an act of Trademark Law violation occurred before May 1, 2014, the Trademark Law prior to the amendment shall apply.If the act of Trademark Law violation occurred before May 1, 2014 and continuedthrough May 1, 2014, the amended Trademark Law shall apply.
  2. For the symbol "Well-known Trademark" used on goods, packages or containers of goods, or used in advertisement propaganda, exhibitions and other commercial activities, the amended Trademark Law shall apply;but except for theusage of such symbol on goods, packages or containers of goods entered the circulation domain prior to May 1, 2014.

Forthe usage of the symbol "Well-known Trademark" on goods, packages or containers of goods, the trademark holder shall bear responsibility of law violation and shall be investigated and prosecuted by the local administration department for industry and commerce of the holder's domicile. If such violation is found by theadministration department for industry and commerce beyond the holder's domicile, the investigation and prosecution shall be transferred to said local administration department for industry and commerce. If the holder's domicile is not within the territory of the People's Republic of China, or a dispute arises due to its jurisdiction, the investigation and prosecution shall be conducted by the administration department for industry and commerce designated by the State Administration for Industry and Commerce.