The World's Trademark Powerhouse: A Critique of China's New Trademark Law

Abstract

China has become the world's trademark powerhouse with the largest number of trademark registrations for goods and services. Parallel to the new rise is the explosion of scandals concerning trademarked goods, causing numerous deaths, massive hospitalizations, and consumer defection from domestic brands. Instead of having a trademark law with consumer protection as the cornerstone, China's new Trademark Law will cement China as the world's manufacturer of trademarks. This Article is the first to critically examine China's new Trademark Law. The new law mainly centers on creating procedural measures for more trademark registrations, maintaining China's trademark registration powerhouse status, and perpetuating China's obsession with metrics-based reform. Metrics obsession will neither instill public trust in Chinese brands nor encourage public consumption to meet China's national economic goal of stimulating moderately high growth. This Article suggests a return to trademark fundamentals for the safety of the public in China and the world. Only quality and safe trademarked products from China will truly cement its status as the world's trademark powerhouse.