Skip to content 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. If you’re looking for Trade Mark in China services, look no further.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A trade Mark in China is of utmost importance for businesses operating in the global marketplace. As a rapidly growing economic powerhouse, China offers immense opportunities for companies to expand their presence and tap into its vast consumer base. However, with the scale and competitiveness of the Chinese market, protecting your brand through trademarks becomes crucial.
A Trade Mark in China serve several key purposes. First and foremost, they enable businesses to establish a distinctive identity and differentiate themselves from competitors. By registering a trademark, companies secure exclusive rights to use specific names, logos, symbols, or slogans associated with their products or services. This helps build brand recognition, trust, and loyalty among consumers, which in turn can drive sales and revenue.
Moreover, registering a Trade Mark in China provides legal protection against unauthorized use or infringement of your brand. It allows businesses to take legal action and enforce their rights if others attempt to use similar trademarks or imitate their brand identity. This safeguarding of intellectual property not only preserves the integrity of your brand but also protects your market share and prevents consumer confusion.
In the context of China’s vast consumer market, where counterfeiting and intellectual property infringements have been a concern in the past, registering a Trade Mark in China becomes even more critical. By securing trademark protection, businesses can proactively combat counterfeiting and unauthorized use of their brand in China. It acts as a deterrent, making it easier to take legal action and enforce your rights against infringing parties.
Furthermore, registering a Trade Mark in China provides businesses with a strategic advantage in the marketplace. It allows for better control over licensing and franchising opportunities, enabling companies to expand their operations and establish partnerships with local entities. A registered trademark in China also enhances the company’s reputation and credibility among Chinese consumers, who often place great value on brands with legal protection.
Additionally, registering Trade Mark in China serves as a foundation for businesses to pursue intellectual property protection in other jurisdictions. It facilitates the application for international trademark protection through mechanisms like the Madrid System, streamlining the process and extending the reach of brand protection beyond China’s borders.
In conclusion, a Trade Mark in China is of utmost importance for businesses operating in the global market. They provide distinct identity, legal protection, and competitive advantage, enabling companies to establish and grow their brands in the vast Chinese consumer market. By registering trademarks, businesses can safeguard their intellectual property, deter counterfeiting, and enforce their rights against infringing parties. Investing in trademark protection in China is a strategic move that strengthens brand value, enhances market position, and unlocks opportunities for growth and expansion.
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