Services I Trade Marks

Trade Mark in China

We are dedicated to providing comprehensive legal service on Chinese trade mark contentious matters, covering trade mark monitoring, retrieval, administrative disputes and litigation, and other related unfair competition.

Need trade mark advice? Visit the Trademarkroom ®

We are excited to announce that Yanyan Tang is the newest member of the Lawdit team.

Yann is a Chinese Lawyer and Patent Agent specializing in intellectual property law, arbitration and litigation, and company compliances. Yann has joined the Lawdit team to be a UK trainee Solicitor, to become dual qualified.

We are dedicated to providing comprehensive legal service on Chinese trade mark contentious matters, covering trade mark monitoring, retrieval, administrative disputes and litigation, and other related unfair competition. Yann as well as the rest of our IP team will be on hand to discuss the following contentious matters in China.

Opposition against pending application

When a trademark application has successfully passed pre-examination assessment, it is published on the CNIPA official website. Any third party is entitled to file opposition against its registration on either absolute or relative grounds.

Anyone can challenge the application based on absolute grounds but only the proprietor of earlier right including copyright owner of the mark may file an opposition on relative grounds.

There is an initial three-month opposition period following the date of the publication of the trademark on the CNIPA official website. Once the opposition period has expired, the opposition deadline cannot be extended.

If you want to oppose a trademark application, the government fee involved will be ¥500. There will also be legal fees payable. 

Cancellation or invalidation against registered trademark

It is a legal procedure to cancel a registered trademark. The applicant may invalid a registered trademark on either absolute or relative grounds.

The common absolute ground for invalidation is that the trademark lacks distinctive character or being categorized as descriptive mark, or being recognized as a generic term for the goods/services which it is registered for.

The relative grounds for invalidation may include a trademark application filed in bad faith, which means that there is a proprietor of earlier right would conflict if it is registered. Additionally, the consequence alongside to cause confusion to the public regarding the source of goods and/or services which the mark is registered for. 

The trademark office can cancel a registered trademark on either absolute and/or relative grounds. Additionally, any third party can initiate invalidation process under the same circumstance before Trademark Review and Adjudication Board.

An application can be filed within five-year period following the date of the subject trademark registration. One exception is that the invalidation process is open to the public without time limit if it is registered in bad faith.

If you want to initiate an invalidation process, the government fee involved will be ¥750. There will also be legal fees payable.

Revocation of registered trademark on the grounds of non-use within the period of three years following the date of completion of the registration procedure (or for any uninterrupted period of three years).

It is a legal procedure to remove a registered trademark since it has not been used during a fixed period, normally three years as mentioned, without proper reasons.

The revocation is open to the public and the burden of proof of use is on the trademark owner.

A revocation process can be initiated at any time after the trademark has been registered for at least three years.

If you want to make an application for revocation, the government fee will be ¥500. There will also be legal fees payable.

Revocation of registered trademark on the grounds of becoming a generic term on the goods or services for which the mark is used.

It is a legal procedure to remove a registered trademark since it becomes the common name for the goods and/or services for which it is registered. The reason for revocation is to cause a likelihood of confusion to the public.

Anyone can apply for revocation.

An application can be filed at any time after a registered trademark has obtained non-distinctive character as generic terms.

If you want to make an application for revocation, the government fee will be ¥500. There will also be legal fees payable. 

Review against the decision of trademark opposition.

If a trademark application is successfully registered in accordance with the decision of trademark opposition, the person who files an opposition could seek invalidation process to remove the registered trademark. By contrast, if the decision is to refuse a trademark application, the trademark applicant could request an appeal to re-examine its unfavourable decision.   

The competent authority is Trademark Review and Adjudication Board.

An appeal within 15 days from the receipt of the decision can be filed. 

The government fee is ¥750. There will be legal fees payable.

Review against the cancellation, revocation or invalidation for trademark application

It is a legal procedure to challenge the decision of cancellation/revocation/invalidation issued by the trademark office.

The competent authority is Trademark Review and Adjudication Board.

An appeal within 15 days from the receipt of the decision can be filed.

The government fee is ¥750. There will also be legal fees payable.

Trademark administrative litigation

If either party is unsatisfied with the decision made by Trademark Review and Adjudication Board regarding invalidation, cancellation or revocation for a registered trademark, the administrative litigation could be initiated before the People’s Court.   

The trademark owner or the applicant who starts the contentious process before Trademark Review and Adjudication Board.

Within 30 days following the receipt of the decision.

The government fee is ¥100. There will also be legal fees payable.

Request to be recognised as well-known trademark

The available routes to recognise well-known trademark include juridical and administrative process. Juridical process means that the owner can claim the protection of well-known trademark when being involved in trademark disputes in the court system. By contrast, administrative process means that the owner can seek well-known trademark protection when involving in trademark authorization and confirmation process.     

The trademark owner whose mark has obtained global reputation and deserves a broader protection across different categories of goods and services.

It differs from case to case.

Court fees are based on the value of the claim. Additionally, you may incur other costs such as attorney fees.