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Q&A of Comparison Between the Old and New Trademark Laws of China (3)

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Q: Has the scope of trademark application subjects changed under the new Trademark Law?
A: It has been adjusted from "natural persons, legal persons and other organizations" under the old Trademark Law to "natural persons, legal persons and unincorporated organizations".

Q: Have the formal requirements for trademark application documents changed under the new Trademark Law?
A: The old Trademark Law allowed written forms or data messages, while the new law explicitly regards data messages as written forms, making the validity recognition of online application submissions more standardized.

Q: For identical trademarks filed on the same day under the new Trademark Law, does the party with prior use still get the registration?
A: The core rule remains unchanged, consistent with the old Trademark Law. For applications filed on the same day, the trademark which was used earlier shall be preliminarily approved and published, and the applications filed by other applicants shall be rejected and not published. Where no opposition is raised upon the expiration of the publication period, the trademark registration shall be granted, a trademark registration certificate shall be issued, and the trademark shall be published.

Q: Have the rules for foreigners applying for trademarks in China changed under the new Trademark Law?
A: The scope of foreign-related application subjects has been expanded. Foreigners and foreign enterprises without a habitual residence or business premises in China shall entrust a compliant agency to handle the procedures.

Q: Has the suspension review rule for trademark opposition changed under the new Trademark Law?
A: Under the new Trademark Law, cases where the determination of prior rights in the whole process needs to be based on the result of another case can be suspended for review.

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