The Legislative Affairs Office of the State Council P.R. China is soliciting public opinion regarding the Implementation Regulation of Trademark Law of the People's Republic of China (revised draft). The revised draft points out that according to the amended implementation regulation, the public can go through all kinds of trademark applications more quickly and more easily. This could also help ensure Trademark Office of the State Administration for Industry & Commerce, Trademark Appeal Board and local industrial and commercial administrative departments better perform administrative duties.

The draft included provisions in aspect of trademark application, the acceptance criteria of trademark application, TRAB examination, trademark administration, protection of the exclusive right of trademark and trademark agent. It is stipulated in the current Implementation Regulations that the recordal of trademark assignment should be applied for by the assignee; however, in practice there are sometimes false transfer. In order to protect the legitimate rights and interests of trademark owners, the draft made amendment that the recordal of trademark assignment should be filed by assignor and assignee jointly, or by the same agent entrusted by assignor and assignee jointly.

With regards to trademark infringement, it is stated in the draft that any person may lodge a complaint, or report of infringement to the AIC, and that during the examination of such cases, AIC may request trademark owner to identify whether the suspicious products are manufactured by the trademark owner or authorized by the trademark owner, and the trademark owner should assist and provide the written opinion.